Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Property 4 > Flashcards

Property 4 Flashcards

1
Q

Does it matter if the successor has a disability?

A

No, they do not matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

if there is multiple disability, it ends when the first one ends. True/false

A

False, lifting of the last disability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Symbolic gift?

A

Writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the two elements of the gift

A

Delivery and irrevocability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Do you have to be able to trace title for it to be valid?

A

Yes it does.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Title insurance could potentially have a contract liability, how?

A

if it is vague

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Community property system (will tell us on test), this is where SPOUSES share all earnings during the marriage. Is their survivorship?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Joint tenancy, can it be voluntary conveyed. True or False

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If there are three tenants in joint tenancy, and A give her land to D. What does D have. What about D and B and C

A

D is a tenancy in common. B and C are joint tenancy still.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Partition in kind?

A

Physical division of the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Coase is it an assumptions? on what?

A

Is an assumption that many things in place that may not be there.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Coase is it an assumptions? on what?

A

Is an assumption that many things in place that may not be there.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

True/ false Leases are contract only

A

false, they are conveyances as well.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If there is a permanent and physical invasion, it is a taking and what does it have to have?

A

compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a benefit of the per se rule?

A

Set up in a way where you can’t deal with exceptional cases very effectively.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What was the motive behind NAACP v. Mount Laurel

A

they wanted rich people who could pay high taxes and not poor people. It was to drive up revenues for the city.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

True or false, Every developing community has to provide an opportunity for affordable housing so long as they’re meeting their regional needs.

A

True (NAACP)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is this called (1 of 2). The ability to zone is delegated from the state, so it’s the state’s citizens as a whole who are being concerned about here. When you zone as a municipality, you have some obligation to take into account broader societal needs than just your own.

A

Externalities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is this called (2 of 2)By zoning people who would pay lower classes out of their community, this is an _____– they mattered to somebody, just not to Mt. Laurel anymore. Therefore, the costs are born by everybody else in the surrounding communities

A

Externalities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Does zoning restrictions need to look at the citizens and/or the region.

A

Both

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Externality: Basically the government being like we will give the state the external power bc we dont want to answer this. What does that means for NAACP case.

A

it wasn’t happening in zoning restrictions that are discriminatory.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Is it unconstitutional to not provide opportunities for lower to middle income houses?

A

Yes, you have to have an opportunity for those homes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

In Mt. Laurell II, did the court say good faith was enough?

A

they said was not enough, the community needs to take active measures to provide affordable house.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Eminent Domain, what does it do?

A

takes the government out of the market place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is the hold out issue? There are a bunch of houses by midway that need to be cleared that would be used for bettering the city. They offer the first 9 about 15 perfect above market. The last person says no bc it should be worth more. Is this a hold out issure?

A

Yes

26
Q

True or False
If it’s a physical permanent invasion, it’s a taking
If you lose all value in your property, it’s a taking
If the ordinance is designed to prevent a nuisance, it’s not a taking

A

True

27
Q

What is the basic case for public use?

A

Berman v. Parker

28
Q

Can the public use for eminent domain be broadly defined?

A

Yes it can as long as there is just compensation. The court will not step in.

29
Q

True or false: Property can not be taken as part of this broad comprehensive plan, even if the property is not blighted.

A

False: iv. Property CAN be taken as part of this broad comprehensive plan, even if the property is not blighted.

30
Q

Is public good up to legislature? And will the court come in?

A

It is up to legislature and the court does not want to get involved.

31
Q

True or false: As long as what the police power is related to a “conceivable” public purpose, it’s constitutionally valid – this satisfies the public use doctrine.

A

True

32
Q

If there is a sizable private benefit for the eminent domain, should the courts look at it.

A

Yes (Poletown)

33
Q

What are three types of taking? In O’Connor’s dissent of Kelo.

A

transfer of private property to public ownership, transfer of private parties who make the property available for the public, and private parties as of a program that serves a public purpose.

34
Q

true or false: The government can’t take private property solely to transfer it to another private property. But the government can do this is it’s for use by the public – you don’t need strict scrutiny of public use.

A

True

35
Q

O’Connors dissent (Kelo): true or false, there is something preventing the state from taking something and giving it to private property.

A

False, There is nothing from preventing the state from taking something and replacing it with a private property (i.e. taking a Motel 6 and turning it into a Ritz Carleton)

36
Q

True or false: The degree of the invasion is not relevant. That’s a question that goes to compensation, not whether or not it’s a taking.

A

True

37
Q

If it is a temporary physical, what does it need to look at? (What is the test)

A

Balancing test, whats the value, plus other questions.

38
Q

Does permanent physical taking need to be look at with a balancing test?

A

No, its taking per se.

39
Q

True or False: Regulation within the police power is fine as long as it’s not arbitrary or discriminatory so that it would violate the constitution. (Hadacheck)

A

True

40
Q

Are trees Nuisances?

A

No

41
Q

(Miller) was state ordering them to cut a tree down a taking

A

No, it is to avoid harm to other trees and for the best.

42
Q

(Empire) Quarantined poultry to prevent avain flu is for the best. True or False and what does it cite.

A

True and miller.

43
Q

Three options for regulatory takings:
Ordinance is ok but no compensation is paid because it’s not a taking

Ordinance is acceptable but it requires compensation because it’s a taking

Impermissible ordinance will be stricken from books as unconstitutional

True or false.

A

True.

44
Q

Did the nuisance balancing issue apply to Penn v. Mahon

A

no, its not a nuisance bc nuisance protection should not be broadly applicable and this case is for a single house which is not the public.

45
Q

What is the diminution value test?

A

If the property value goes down to a certain point (not specified) then it is a taking

46
Q

Is the diminution value test a case by case approach?

A

Yes, you have to look at the facts where the land has lost value.

47
Q

Is Penn v. Mahon, does average reciprocity of advantage apply?

A

no, at the same time it harmed the coal company, it simultaneously protected the coal company. It protected its workers, itself from lawsuits (Plymouth Coal Co. v. Pennsylvania)

48
Q

What is Average Reciprocity of Advantage?

A

You lose something, but you gain something as well.

49
Q

X owns 1,000 acres of undeveloped land. Government enacts a law that reduces the value of his property by 75%. Is this a taking? (Holmes v. Brandeis opinions)

A

It’s not going to be a taking because there is some residual value. It doesn’t require compensation. Diminution in value wasn’t complete.

50
Q

What if X conveys 25% of the property to Y and Y is not allowed to develop his land at all due to an ordinance?

A

This is a taking because he’s wiped out

51
Q

If all economic value is lost, is it a taking?

A

yes. ? i think

52
Q

Penn v NY - Says there is no set formula to see if something is a taking or just legislation. What 4 factors did the say to look at?

A

Economic impact. Extent of interference with distinct, investment backed expectations. Whether a physical invasion has occurred. Whether nuisance activities are being regulated.

53
Q

If it design to be a nuisances it is a taking. True or false

A

True

54
Q

If ALL economic value is lost it is a taking.

A

True

55
Q

You can get the highest economic value of your land at all times. true or false

A

Wrong, courts say that you are not entitled to get the highest value. You can have restrictions, especially when it negatively impacts the public.

56
Q

What is physical permanent taking?

A

It is per se. It is when the government talks all land and pays you just compensation.

57
Q

True or false? If it compels property owners to suffer a physical invasion, it’s a taking

A

True

58
Q

True or false. When a regulation denies all economically beneficial or use of the land, this is a taking

A

True

59
Q

What is one exception to a person losing everything? (hint: think about neighborhood/nuisance)

A

If at the time the ordinance was enacted, a neighbor could have sued under nuisance law and prevailed, then the government need not pay compensation even if there is total economic loss.

60
Q

What is the second exception to a person losing everything?

Think about what should be the first step? or is there was something to take

A

If a neighbor/state could have sued under the state’s common law nuisance rules to achieve the same result, then the property owner never had the right to begin with, so nothing has been taken.

61
Q

For Lucas, who had the burden of proof?

A

The state.

62
Q

The only way the state does not need to pay comp is when….

A

the person never had the right to behin with, so he isnt loosing anything.

Property (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions