Reasonable Use Flashcards
What is the requirement to support in regards to land? (lateral support)
An adjacent land owner has an obligation to support lang in its natural state. No obligation to support the added weight of buildings or other structures that land cannot naturally support.
Noone v. Price - Part of plaintiff’s house began to give way due to a retaining wall in defendant’s property that had fallen into disrepair.
Remanded to determine if slide was a result of lack of a retaining wall being able to support the land in its natural state, or by the additional weight of the structure.
Rule: If the land in its natural state would slide, irregardless of the weight of a structure on the land, then the supporting landowner could still be held liable.
However, if the additional weight of the structure causes the land to slide, then the adjacent landowner will not be liable except for his negligence.
What is subjacent support?
Support for underground land (e.g.: withdrawing water from underneath the property causes the house to settle lower); largely similar laws to lateral support.
Right to exclude - Kaiser Aetna v. U.S. - Plaintiff developed a private making around Hawaii Kai, restricted use to members of the community. USACOE claimed marina became a navigable water and must be opened to the public
Rule: The right to exclude is a fundamental element of the property right and falls into the category of interests that the government cannot take without compensation.
KA can be required to open Marina to the public, but must be compensated.
Is land development a right or a privilege?
A right. Govern t can assert police power to limit that right only if they can prove it is for the safety and welfare of the people.
