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Though Illinois Central is frequently cited as the source for American public trust law, it was several decades before, in Martin v. Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. [2] Still, Illinois Central has been referred to as "the Lodestar in American Public Trust Law". [2]
Additions, deletions, and changes to the ILCS are done through the Illinois Legislative Reference Bureau (LRB), which files the changes as provided for by Public Act 87-1005. [3] The compilation is an official compilation by the state and is entirely in the public domain for purposes of federal copyright law; anyone may publish the statutes. [3]
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.
Similarly, it’s possible to be living in your home for years, if not decades, only to discover that a portion of your land is restricted due to an unregistered easement on your property. Don’t ...
It ruled that if a land trust was set up with some minor duty on the trustee (such as to deed the property to the beneficiaries 20 years later), then the trust would not be considered passive and would be valid. Thus, the land trust in America today is often called an "Illinois-type" land trust or "Illinois Land Trust". [2]
Other states like California, New York, and New Jersey have rolled back cash bail practices previously
Illinois' Pretrial Fairness Act, which abolishes cash bail as a condition of pretrial release, will take effect Sept. 18, making Illinois the first state to end cash bail and a testing ground for ...
The public trust doctrine also finds expression in the Great Pond law, a traditional right codified in case law and statutes in Massachusetts, Maine, and New Hampshire. [13] The state is said to own the land below the low water mark under great ponds (ponds over ten acres), and the public retains in effect an access easement over unimproved ...