Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth

Download 390.5 Kb.
Size390.5 Kb.
1   2   3   4   5   6   7   8   9   ...   140
D. Commonwealth v. Alger (1851)

where a dock couldn't be constructed against legislative


1. Law of Nuisance

a. cannot use your property in such a way so as to encroach upon

the rights of others. Cannot impair the equal enjoyment of

others having an equal right to the enjoyment of their


b. If property owner A imposes a nuisance on B, B can get

injunctive relief or damages (and in some extreme

circumstances, take personal action).
2. Holding

a. This is a legitimate piece of legislation. The state has every right to restrict owner's use even if it isn't an obstruction.

b. It is important to employ a bright line rule so that people can conform their behavior. Minimizes number of disputed facts.

c. Result is to set a standard and maximizes efficiency.

Directory: sites -> default -> files -> upload documents
upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
upload documents -> Federalism – The Structure of Government
upload documents -> General Info About Property law
upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
upload documents -> Property with Professor Vicki Been
upload documents -> Property Outline – Professor Upham, Spring 2000
upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
upload documents -> Complex federal investigations
upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
upload documents -> Pricing v. Sanctions

Share with your friends:
1   2   3   4   5   6   7   8   9   ...   140

The database is protected by copyright © 2020
send message

    Main page