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The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Sections 146 and 147 of the Act force an owner of Māori land who wishes to alienate their interest in the land to give right of first refusal to people belonging to "preferred classes of alienees". [2] These preferred classes include whanaunga (blood relations) [3] of the owner, other current owners, and members of the owner's hapū. [4]
Supreme Court of the United States 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Established March 4, 1789 ; 235 years ago (1789-03-04) < Location Washington, D.C. Coordinates 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Composition method Presidential nomination with Senate confirmation Authorised by ...
There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
A 72-hour clause, typically inserted in real estate sale contracts, is also known as an escape clause, release clause, kick-out clause, hedge clause or right of first refusal clause. [ 1 ] The 72-hour clause is a seller contingency which allows the seller to accept a buyer's contingent offer to purchase his/her property, while allowing the ...
An innocent owner defense is a concept in United States law providing for an affirmative defense that applies when an owner claims innocence of a crime and so the property should not be forfeited. It is defined in section 983(d) of title 18 of the United States Code ( 18 U.S.C. § 983(d) ) and is part of the Code that defines forfeiture laws ...
In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment.However, many legal systems courts recognize that once someone has occupied property without permission for a significant period of time without the property owner exercising their right to recover their property, not only is the original owner ...