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



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D. Commonwealth v. Alger (1851)

where a dock couldn't be constructed against legislative

restrictions.

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

property.

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.




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