Misc.

Question 1

Lateral Support

Answer 1

1) If land is improved by buildings and an adjacent landowner’s excavation causes that improved land to cave in, excavator will only be liable if negligent
2) strict liability only attaches to excavator’s actions if the plaintiff’s improved land would have collapsed from his actions even in its natural state
3) Strict liability = high burden and rarely applied, negligence more common

Question 2

Riparian Doctrine

Answer 2

1) water belongs to those who own the land bordering the watercourse
2) riparian land owners share the right of reasonable use of the water
3) one riparian land owner will be liable if his or her use unreasonably interferes with the others’ use

Question 3

Prior Appropriation Doctrine

Answer 3

1) First in time, first in right
2) water initially belongs to the state, but the right to divert and use it can be acquired by an individual regardless of whether or not he is a riparian owner.
3) Rights are determined by temporal priority of beneficial use, meaning the first to put the water to beneficial use (basically anything) will have the senior right

Question 4

Groundwater

Answer 4

surface owner is entitled to make reasonable use but the use must not be wasteful

Question 5

Common Enemy Doctrine

Answer 5

1) surface water is considered common enemy
2) landowner may change drainage or make any other changes/improvements on his land to combat the flow of surface water
3) many jurisdictions have modified slightly to prohibit unnecessary harm to others’ land

Question 6

Trespass

Answer 6

1) invasion of land by physical object
2) may remove trespasser with and ejectment claim
3) possessor of land has the right to be free of trespass

Question 7

Private Nuisance

Answer 7

1) substantial and unreasonable interference with another’s use and enjoyment of the land
2) Nuisance does not require physical invasion, odors or noise can be enough

Question 8

Eminent Domain

Answer 8

Gov’t 5th amend. power to take private property for public use in exchange for just compensation

Question 9

Takings

Answer 9

1) regulatory: Lucas standard, has to take away all/almost all econ. value in the property partially measured by your reasonable investment backed expectations
2) physical invasion of your land or condemnation without just compensation

Question 10

Takings remedy

Answer 10

1) compensate the owner
2) in regulatory takings: gov’t may terminate the regulation and pay for damages that occurred while regulation in effect

Question 11

Zoning definition

Answer 11

Pursuant to its police powers local and state govt’s may enact statutes to reasonably control land use

Question 12

Variance

Answer 12

In order to get a variance (excuse to not follow zoning), Proponent must show:

1) undue hardship
2) variance won’t decrease the neighboring property values

Variance granted or denied by administrative action (in WA mostly depts of planning not zoning boards) often zoning board

Question 13

Nonconforming use

Answer 13

1) once lawful exsiting use now deemed nonconforming by a zoning ordinance
2) cannot be eliminated all at once because it would be an unconstitutional taking

Question 14

Unconstitutional Exaction

Answer 14

1) exactions are those amenities govt seeks in exchange for granting permission (permit) to build
2) To be constitutional there must be a substantial nexus and rough proportionality between the proposed development impacts and the exaction (Nollan/Dolan Test)