...Kelo v. City of New London FACTS: The City of New London approved development plans to revitalize an economically distressed area into 90 acres of residential, recreational, and commercial zones. The city purchased several properties, and intended to acquire others by exercising eminent domain. The city initiated condemnation proceedings after failing to purchase several lots. Petitioners initiated an action in the New London Superior Court citing violation of the public use restriction of the 5th Amendment. The court granted a permanent restraining order to some petitioners and denied it to others. Both sides appealed to the Supreme Court of Connecticut, which held that all proposed takings of land were valid public use. Writ of Certiorari...
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...Contracts Case Study: Property Martha Sparks April 19, 2013 Introduction In this case study, Barney is a client that running into an extreme case of misfortune facing several issues that must be resolved in court. The issues will be outlined below with information to help properly set Barney's expectations of his upcoming battle to keep his possessions. I have grouped the issues based on the calls listed to the attorney in the case study. Issue #1 - mountain property that is currently in process of foreclosing includes a squatter Barney is on his way out to his mountain property to do some fly fishing when he was welcomed by a hostile participant. Barney tried to explain that he had the deed to prove the property belonged to him. The hostile participant responded by saying he had lived on the property for some 20 years and that it belonged to him. According to "North Carolina General Assembly" (2013), "No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person is in possession thereof, or defendant in action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years..." (1-40. twenty years adverse possession). According to "Court of Appeals of North Carolina" (2013), “the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period” (para. 12). Ernest...
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...In 2005, Kelo Susette challenged the city of New London in Connecticut. New London had plans for development in the city to improve their recent economic decline. New London, under the taking clause, seized private property with just compensation and sold it to private developers in an attempt to create jobs. Kelo claimed that this activity was not “public use” as the clause states is a must for any seizure of private property. The ruling was that this use qualified as a public use under the takings clause. (KELO v. CITY OF NEW...
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...DISCUSSION BOARD FORUM 3 CASE STUDY Topic: Property Barney has finally decided to retire after many years on the job as a deputy in a small North Carolina town and as a detective in the “big city” of Raleigh, NC. Though Barney sometimes appeared to be a bumbling law enforcement officer, it turns out that he was a dutiful saver and a shrewd investor who now owns an interest in a second home on the North Carolina coast as well as some prime real estate in the North Carolina mountains. Barney purchased the mountain property some 31 years ago as joint tenants with a right of survivorship with his old friends Andy, Floyd, and Howard. All of the friends have passed away, and Barney has not been back to the property in more than 20 years. Andy had apparently indicated in his will that he was leaving his interest in the property to his son Opie, and, a few years back, Opie took out a personal loan using his alleged interest in the property as collateral. When Opie defaulted on the loan last month, the lender initiated a legal action to foreclose on the property. Barney hired an old friend with whom he used to go to church (who is now an attorney in Raleigh) to address the lender’s legal action. The matter is still pending. Remembering that a trout-filled stream ran through the property, Barney decided to do a little fly-fishing. Driving out to the property, Barney was surprised to see smoke rising from the stone chimney of a little cabin that some unknown person had constructed...
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...8/6/2014 Print Property: Personal, Intellectual, and Real Learning Objectives 11 After studying this chapter, you will be able to: 1. Distinguish between personal, intellectual, and real property. 2. Explain how personal property is acquired. 3. Discuss the definition and significance of bailments. 4. Define different types of tenancies in real property. 5. Discuss the concept of eminent domain. Ryan McVay/Photodisc/Thinkstock The concept of property and ownership is one that has long been important in both society in general and law in particular. English philosopher and political theorist John Locke saw it as "the reason why men enter into society," and Walter Lippmann, the American journalist, described it as "the only dependable foundation of personal liberty." Some have gone so far as to say that the main reason for law is to protect property rights. Even if one does not subscribe to such a narrow purpose, there is no doubt that the law is much concerned with property and rights of ownership. Property can be defined as the right of an individual to exclusively possess, use, and dispose of anything that is capable of being owned. Broadly speaking, property can be divided into three separate types: personal property, intellectual property, and real property. Personal property is characterized by its portable nature; it can be carried from place to place. Furthermore, personal property can be either tangible or intangible. Tangible personal property encompasses...
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...DB THREAD - PROPERTY Barney, like many retirees, is looking forward to enjoying the reward of his labor as well as the fruits of his investments in relative comfort. Although, one cannot control economic down shifts that undermine 401Ks, diminish stock portfolios or plummet real estate markets to unprecedented lows; it behooves all to seek out wise financial counsel. Anything can happen in financial management and investing. Wisdom, awareness, education and personal responsibility are necessary tools to hopefully ensure one’s retirement planning stays on target. “Fools think they need no advice, but the wise listen to others” Proverbs 12: 15 (New Living Translation). Regretfully, for Barney, he appears to become complacent over the years and allowed his investments to rather flounder unsupervised. The scripture is clear; we are responsible for our actions as well as our in-actions or sadly, complacency. “Look carefully then how you walk. Live purposefully and worthily and accurately, not as the unwise and witless, but as wise (sensible, intelligent people)…..Therefore do not be vague and thoughtless and foolish, but understanding and firmly grasping what the will of the Lord is” Ephesians 5: 15 and 17 (Amplified Bible). Barney’s joint tenancy with a right of survivorship with old friends appears to have hit a snag. One of the deceased owner’s sons, Opie, has assumed his father’s interest as denoted in his father’s will. Furthermore, the son utilized his perceived property as collateral...
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...Copyright © 2013 by McGraw-Hill Education. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-180360-1 MHID: 0-07-180360-2 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-180359-5, MHID: 0-07180359-9. E-book conversion by Codemantra Version 1.0 All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill Education eBooks are available at special quantity discounts to use as premiums and sales promotions or for use in corporate training programs. To contact a representative please visit the Contact Us page at www.mhprofessional.com. Trademarks: McGraw-Hill Education, the McGraw-Hill Education logo, 5 Steps to a 5 and related trade dress are trademarks or registered trademarks of McGraw-Hill Education and/or its affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property...
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...able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ii. What happens if BMI breaches Remedies iii. How do we protect our product IP iv. Are we dealing with the right person Agency v. What happens if we have a dispute Litigation vi. What happens if our products hurts someone Product Liability vii. Does making our product impact the environment Environmental Law...
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...principle of our economic system, and is as important as collective wealth. One need not belong to an elite class or family (although it does help if you are related to millionaires), nor does one have to obtain special permission from the government. Another element of the economic system is the way it rewards success. If you seek it, you can find it; all you need is to find a way to build a better widget, or a better way to build what everyone else has been making. At least in theory, the system is designed in such a way as to reward ingenuity, work ethic, and perseverance. Unfortunately, not everything about this capitalist system is as simple as everyone earning money. Indeed, a study of capitalism merely provides a way of explaining how money moves from consumers to producers. Further study of economics, financial management, and other money-related topics implies cooperation among those within the system. For example, just because Robert has something John wants does not...
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...HOW CAPITALISM WILL SAVE US Why Free People and Free Markets Are the Best Answer is Today's Economy S T E V E FORBES and E L I Z A B E T H A M E S HOW CAPITALISM WILL SAVE US HOW CAPITALISM WILL SAVE US W h y Free People and Free Markets A r e t h e Best A n s w e r i n Today's E c o n o m y Steve Forbes AND ELIZABETH AMES CROWN BUSINESS ALSO BY STEVE FORBES Power Ambition Glory (coauthored with John Prevas) Flat Tax Revolution A New Birth of Freedom To the millions of individuals whose energy, innovation, and resilience built the Real World economy. Their enterprise, when unleashed, is always the answer. Copyright © 2009 by Steve Forbes and Elizabeth Ames All rights reserved. Published in the United States by Crown Business, an imprint of the Crown Publishing Group, a division of Random House, Inc., New York. www.crownpublishing.com CROWN BUSINESS is a trademark and CROWN and the Rising Sun colophon are registered trademarks of Random House, Inc. Library of Congress Cataloging-in-Publication Data Forbes, Steve, 1947How capitalism will save us / Steve Forbes and Elizabeth Ames.—1st ed. p. cm. Includes index. 1. Capitalism—United States. 2. United States—Economic policy. 3. United States—Economic conditions. I. Ames, Elizabeth. II. Title. HB501.F646 2009 330.12'20973—dc22 2009032751 ISBN 978-0-307-46309-8 Printed in the United States of America DESIGN BY BARBARA S T U R M A N 1O 9 8 7...
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