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Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
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.
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.
Adverse possession is a legal concept that occurs when a trespasser, someone with no legal title, can gain legal ownership over a piece of property if the actual owner does not challenge it within ...
open and notorious (i.e., obvious to anyone) actual, continuous (i.e., uninterrupted for the entire required time period); this does not necessarily require use daily, weekly, etc. adverse to the rights of the true property owner; hostile (i.e., in opposition to the claim of another; this can be accidental, not "hostile" in the common sense)
Excluding residential buffers required by the Arizona House bill, and the federal and tribal land outside of them, that leaves 0.4% of Arizona that would be open to wind power infrastructure, not ...
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]
Private property is a legal designation for the ownership of property by non-governmental legal entities. [1] Private property is distinguishable from public property, which is owned by a state entity, and from collective or cooperative property, which is owned by one or more non-governmental entities. [2]