*Restrictions on Land Use-Right to Exclude

Question 1

Right to exclude

Answer 1

fundamental right of prop ownership is right to exclude others/things

Question 2

a) Kaiser Aetna:

Answer 2

non-navigable private lagoon (which was tidal) into navigable marina extending to oceanto make private marina public would be a taking since it would infringe on owner’s right to exclude; comp required
i) Gov’s argument: since lagoon was tidal, it was always open to public, so Kaiser never had prior right to exclude…the public just couldn’t access

Question 3

ii) Loretto:

Answer 3

non-burdensome intrusions still compensable
(1) F: ordinance required NY apt complex to have cable box w/ wire to grid (easement); not very onerousconstituted a taking (judgment was $1) even though not a huge burden