Property Flashcards
What are exclusivity and alienability?
Exclusivity - owners can make reasonable choices about how to use their property
Alienability - the right to sell or give property to others
What is eminent domain and what are other terms for it?
The power of the government to take property for public use. Also known as a condemnation or a taking
Which amendment restricts the use of eminent domain?
The 5th amendment, which prohibits a taking without just compensation
To what extent are land use controls restricted?
If they are too restrictive, they may be considered a taking. An owner may also be entitled to compensation if they go too far.
What is an exaction?
A requirement imposed on a development as a condition for regulatory approval
What prompted Dolan v. City of Tigard
An owner seeking to expand their store was required to exclude some of her property from development due to flooding concerns and donate some for a public bike path due to an anticipated increase in traffic
What is an essential nexus and how is it relevant to Dolan v. City of Tigard
An essential nexus exists when there is a connection between a legitimate state interest and the condition exacted; the court sought to explore whether such a nexus existed in Tigard’s exactions of Dolan’s property
How did the Court determine whether an essential nexus was present?
They found that the state had compelling interests. However, the Court used a “rough proportionality” test to determine if the dedication is related both in nature and extent to the impact of the proposed development. Based upon this test, the city did not show a reasonable relationship between the development and the state interests
What are some acts that impose environmental regulations on development?
The Resource Conservation and Recovery Act, the Clean Water Act, the Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act
In terms of property, what are security interests?
Examples include mortgages and deeds of trust which are security for repayment of a loan; they give they lender the right to foreclose on the owner’s property
What are easements and covenants?
An easement is a limited right to another’s land. It can also be a restriction again doing something, in which case it me be called a restrictive covenant
What does an “instrument” refer to in property law?
The document/form prepared to signify ownership and financing or a transfer of ownership, as well as a mortgage or deed of trust
What is the difference between race, notice, and race-notice recording statutes?
Race - An instrument only takes priority when properly recorded (whoever records first prevails)
Notice - Unrecorded instrument is void against someone who acquires interest without actual knowledge of prior ownership
Race-Notice - An unrecorded instrument is void against someone who acquires interest without knowledge, provided they recorded first
What prompted Grose v. Sauvageau?
The Groses purchased a quitclaim deed for a property but did not record it. After disputes with the Groses, Sauvageau subsequently looked into the ownership and found the Groses’ deed had not been recorded. She then purchased the quitclaim deed, recorded the transfer, and attempted to evict the Groses.
How did the court rule in Grose v. Sauvageau?
The intent of the race-notice statute is to protect those diligent enough to conduct a title record search. The court held that Sauvageau did not act in bad faith. The Groses also held a certificate of purchase which enabled Ryberg to recover the property for 3 months. Based on this, the Court held Sauvageau was the legal owner.
