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The Act exempts the following categories of regulation from the compensation/waiver requirement: (1) laws intended to protect the public health and safety (e.g. building codes, health and sanitation laws, transportation and traffic control, solid and hazardous waste regulations, and pollution controls); (2) law that “[l]imit or prohibit the ...
Each U.S. state has a recording act, a statute which dictates the legal procedure by which an individual claiming an interest in real property (real estate) formally establishes their claim to that property. The recordation of property rights becomes particularly significant where an unscrupulous dealer in land purports to sell the same tract ...
Extinguishing that lien returns those rights or "sticks" to the bundle held by the owner. In the United States (and under common law) the fullest possible title to real estate is called "fee simple absolute." Even the US federal government's ownership of land is restricted in some ways by state property law.
Under the common law, real estate can be jointly owned at a given time. [16] In most states, in a tenancy in common, co-tenants each have a theoretical right to possess the whole property. [16] Co-tenants must also share rents received from third-parties, as well as upkeep expenses and taxes. [16]
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
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Article 2 titled the Declaration of Rights and is the state's equivalent of the Bill of Rights. At the time the Arizona Constitution was adopted, the United States Supreme Court had not yet ruled that the Bill of Rights in the United States Constitution was applicable to or binding upon the states. In 2024, Article 2 was amended to contain an ...
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...