Miscellaneous

Question 1

Lateral support

Answer 1

Strict liability if excavation causes adjacent land in natural state to cave in or

if land w/ building can show that land would have collapsed in natural state.

Otherwise, negligence.

Question 2

Riparian doctrine

Answer 2

H20 belongs to landowners bordering water course. Liable only for unreasonable interference w/ other’s use.

Question 3

Prior appropriation

Answer 3

H20 initially belongs to state. Right to divert and make beneficial use can be acquired by individual. Rights determined by priory of beneficial use. first in time, first in right.

Question 4

Groundwater

Answer 4

Surface owner has right to make reasonable use of H20 beneath the surface, but can’t be wasteful.

Question 5

Surface water

Answer 5

Common enemy rule: landowner can change drainage,k but can’t unnecessarily harm land of another.

Question 6

Zoning variance

Answer 6

Creates flexibility.

Undue hardship
Won’t decrease neighborhood property value
Determined by admin action before zoning board

Question 7

Nonconforming use

Answer 7

Once lawful but not longer bc of new zoning ordinance. Can’t be eliminated all at once unless just compensation paid.

Question 8

Unique extractions

Answer 8

Amenities gov seeks in exchange for granting permission to build., Inherently suspect, must be reasonably related in nature and scope to impact proposed development.