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Agricultural and Natural Resource Law Exam 1 > Exam 3 > Flashcards

Exam 3 Flashcards

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1
Q

Economic View of Property

A

What is it worth?

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2
Q

Individual View of Property

A

zoning laws, city ordinances, taxes

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3
Q

Ecological View of Property

A

keep it green

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4
Q

Society’s View of Property

A

restrictions, nuisance

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5
Q

3 Things Necessary for Property to Exist:

A

land, owners, gvmt protection of property rights

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6
Q

Eminent Domain

A

public right, power to take private property for public use by a state, municipality, or private person or corp authorized to exercise functions of public character, following the payment of just compensation to the owner

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7
Q

Right to Forfeiture

A

public right, involuntary releinquishment of money or property w/o compensation as a consequence of a breach or nonperformance of legal obligation

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8
Q

Escheat

A

reversion to the state, the power of the state to acquire the title to property for which there is no owner (usually dies w/o will or relatives)

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9
Q

Real Property

A

immovable, affixed to the land

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10
Q

Personal Property

A

movable property, severed from the land

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11
Q

Fructus naturales

A

only produced by the forces of nature (trees, bushes, grass)

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12
Q

Fructus industriales

A

produced by the labor of the farmer or rancher (corn, wheat, veggies), not considered part of property

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13
Q

Fuedal Era Property

A

subject to payment of duties or provision of men to armies

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14
Q

Estate

A

ownership in land (leasehold or freehold)

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15
Q

Leasehold

A

rent, lasts for a definite period of time

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16
Q

Freehold

A

own, lasts for indefinite or unpredictable length of time (fee estates or life estates)

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17
Q

Fee Estate

A

inheritable (fee simple absolute, conditional, or determinable)

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18
Q

Life Estate

A

cannot be transferred at death, “life tenant”, must not unreasonably waste assets

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19
Q

Fee Simple Absolute

A

your land, can do what you want

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20
Q

Fee Simple Conditional

A

must meet condition stipulated by grantor, right of entry = grantor must go to court to resume posession

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21
Q

Fee Simple Determinable

A

grantor interest, possibility of automatic reversion upon breach of agreement

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22
Q

Life Estate Pur Autra Vie

A

(in the life of another) D has life estate as long as B lives

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23
Q

Tenancy by Entireties

A

ownership only by husband and wife, right to survivorship

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24
Q

Joint Tenancy

A

right of survivorship, undivided equal shares

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25
Q

Tenancy in Common

A

no right of survivorship, undivided interest in property, on death can pass to deceased estate or heirs

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26
Q

Deed

A

legal document used to transfer title to real estate (warranty or quitclaim)

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27
Q

Warranty Deed

A

good clear title, no claims against the estate at time, grantee can sue if unclear, need title insurance in case of grantor death/bankruptcy, “Conveys and Warrants”

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28
Q

Quitclaim Deed

A

grantee only receives grantor’s interest, no promises, can’t sue grantor, “Conveys and Quitclaims”

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29
Q

Adverse Possession

A

squatter’s rights, acquire a title by possessing that property for a statutory period of time, must be open, notorious, actual, adverse or hostile, continuous, and under claim of title

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30
Q

Easements

A

non-possessory right of use over the property of another, right-of-way, loss by nonuse accounting to abandonment

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31
Q

Express Grant of Easement

A

easement is transferred with property

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32
Q

Express Reservation of Easement

A

one party reserves easement rights in transfer of property

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33
Q

Implication of Easement

A

not written, but implied easement because of prior use or necessity

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34
Q

Prescription of Easement

A

“adverse rights of possession”, continuous use

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35
Q

Covenant Running with the Land

A

an agreement which goes with the land, to successive owners (express or implied)

36
Q

Express Covenant

A

in writing, stated in deed

37
Q

Implied Covenant

A

not in writing, implied from language in deed and existing conditions

38
Q

Real Estate Anti-Terrorism Clauses

A

freeze assets of terrorist supporters, list of prohibited parties

39
Q

Condemnation Proceedings (Eminent Domain)

A

just compensation required, property owner has right to due process/appeal

40
Q

Bauman v Ross

A

defined just compensation as “a compensation that would be just in regards to the public, as well as the individual”

41
Q

Regulatory Taking

A

gvmt doesn’t condemn the property outright, but regulates to the point that use and value are significantly reduced, just compensation

42
Q

Pennsylvania Coal Co v Mahon

A

taking occured, by eliminating right to mine, estate owner was left w nothing, “when regulation is tantamount to taking”

43
Q

Miller v Schoene

A

not a taking, destruction of cedar trees on plantiff’s property, public interest in preferment of individual property interest

44
Q

Penn Central Transportation Co v NYC

A

not a taking, historic preservation ordinances

45
Q

Nollan v California Coastal Commission

A

taking occurred, indirect relationship between new construction and local need for access, permit denied on unfair grounds

46
Q

Lucas v South Carolina Coastal Council

A

taking occured, gvmt regulaiton of land that completely eliminates economic use is a taking, even for prevention of harm purpose, plans to build house on property

47
Q

Dolan v Tigard

A

taking occurred, Dolan’s wanted to expand store and wouldnt dedicate 10% land, higher level of scrutiny of relationship between land-use regulations and legitimate state interests, noneconomic significance of property, individual rights protected by 1 and 4 amendment

48
Q

Walcek v US

A

not a taking, could use 2.2 of 14.5 acres, not all economic use denied, respected parcel as a whole

49
Q

Kelo v City of New London

A

Fort Trumbell redevelopment, constitution does not prevent taking of private prop by eminent domain for transfer to private parties

50
Q

Graham v Estuary Properties

A

court held that half owner’s prop to remain in natural state

51
Q

Harris Act

A

relief for private landowners whose property has been “inordinately burdened” by specific action of gvmt entity

52
Q

Inordinate Burden

A

one bears a disproportionate share of a burden imposed for the public good

53
Q

Right-to-Farm

A

prevent zoning/other restrictive local regulations being applied to ag activities, protect from nuisance claims

54
Q

Agricultural Assessment

A

property tax relief, good faith ag use, length of time, continuous use, size, is it an investment hedge?

55
Q

Florida’s Homestead Exemption

A

protects the value of a residence from expenses arising from the death of a spouse

56
Q

Milton v Milton

A

homestead exemption fraud, “the law should not be so applied to make it an instrument of fraud or imposition upon creditors”

57
Q

Palm Beach Savings and Loan Assn v Fishbein

A

addresses homestead protection and creditor rights

58
Q

Recreational Use Statuates

A

intent, impact

59
Q

Tort

A

someone is injured or damaged because of another’s act or failure to act (omission or commission), generally a civil wrong

60
Q

Gindele v Corrigan

A

tort is “to be an injury wrongly committeed with or w/o force to the person or property of another, and such injury may arise by nonfeasance, malfeasance, or misfeasance of the wrongdoer”

61
Q

Nonfeasance

A

failure to perform an act required by law which results in injury

62
Q

Malfeasance

A

affirmative legal/wrongful act

63
Q

Misfeasance

A

failure to act resulting in injury

64
Q

Civil Wrong

A

one person’s conduct causes a compensable injury to the person, property, or recognized interest of another

65
Q

Intentional (Tort)

A

intentional act - desires the result or is “substantially certain” of outcome, intentional omission to act - purposeful failure to mention or include info

66
Q

Negligence (Tort)

A

negligent act - failure to use ordinary care, negligent omission to act - omitting to do something that a reasonable person would do under like circumstances, negligence per se - violates statuate or regulation

67
Q

4 Elements of Negligence

A

duty, breach, causation, damages

68
Q

Duty (Negligence)

A

duty to perform with the skill, care, and reasonable experience of a reasonably prudent person, forseeability

69
Q

Breach (Negligence)

A

failure to conform to a duty or standard of care

70
Q

Ruden v Hansen

A

expectation to perform with the care and skill reasonable experience of a like skilled professional under similar circumstances

71
Q

Causation (Negligence)

A

(cause in fact) a casual connection exists between the act of the wrong doer and the resulting injury, reasonably forseeable

72
Q

Classification of Farm/Ranch Visitors in FL

A

invitee, licencee, trespasser

73
Q

Invitee (Farm/Ranch Visitor)

A

business visitor, has permission to be on property, is there for your benefit or your and his, high legal duty to protect, must warn of dangers and inspect prop

74
Q

Licensee (Farm/Ranch Visitor)

A

on your property for his benefit, has permission, warn of danger, has legal duty to be “on lookout”

75
Q

Trespasser (Farm/Ranch Visitor)

A

on property w/o permission, for his benefit, no obligation except: known trespassers/dangerous activities

76
Q

Doctrine of Attractive Nuisance

A

children of tender age injured on an artificial object that involves unreasonable risk of injury, located where children are likely to trespass, inducement,

77
Q

3 Categories of Employees

A

servant or employee, agent, independent contractor

78
Q

Servant/Employee

A

employer has right to direct/control the general manner by which the hired person does their job

79
Q

Respondeat Superior

A

employer legally responsible for injuries/damages negligently caused by employees acting within the scope of their employment at the time of injury

80
Q

Agent (Employment)

A

person who has the authority to transact business or manage certain affairs of his employer, act must be committed w/in the scope of employment’s authority for employer to be legally responsible

81
Q

Independent Contractor

A

employer is not responsible for the negligent acts of independent contractors except: ultrahazardous acts and nondelegable duties

82
Q

Menstruae naturae

A

domestic animals

83
Q

Ferae naturae

A

wild animals

84
Q

Criminal Trespass

A

entry to posted property

85
Q

Strict Liability

A

liability w/o fault, where injury occurs due to ultrahazardous activities or abnormally dangerous activities

86
Q

Discretionary

A

requires exercise of judgment, policy formulators

87
Q

Ministerial

A

following orders strictly, policy implementors

Agricultural and Natural Resource Law Exam 1 (3 decks)

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