Review Questions Flashcards
True or false: each state has its own property law, though most states have similar rules.
True. Each state has its own property law.
What is real property?
Real property is immovable property (e.g., houses).
What is blackletter law?
Well established rules that are free from doubt.
What is meant by the “bundle of sticks” in property law?
The bundle of sticks represents each of the rights possessed by the owner.
True or false: property rights can never be held by sovereign governments; they are exclusively held by individuals and corporations.
False. Property rights are two-tiered with sovereign property rights being a necessary precursor to private property rights.
True or false: a person with property rights has full entitlement to do whatever they want on the property.
False, there are limitations to what a property owner can do.
True or false: all people share one set of property rights to public resources as members of the public within a jurisdiction.
True. These public resources are part of the public trust.
What is the doctrine of discovery in property law?
The right to acquire land from the Natives through purchase or conquest.
What best describes Indian title in the United States under the law announced in Johnson v. M’Intosh?
The Indians have the right of occupancy subject to conquest.
True or false: in the Pacific Northwest, the treaty fishing tribes have property rights in the form of easements extending off their reservation to usual and accustomed fishing sites.
True.
True or false: the property rights that tribes possess were granted by the federal government after the tribes were defeated in war.
False, the tribes had the right of occupancy prior.
True or false: tribes have only the right to fish at usual and accustomed sites and no right to a fair share of harvest.
False, because the treaty is interpreted charitably as to mean the right to take enough fish to sustain the tribe.
If a tribe wants to sell a piece of land within its reservation to a private party, what must it do?
It must get permission from the federal government as the right of occupancy is inalienable.
True or false: American property law has a basis in medieval Catholic doctrine.
True. American property law does have a basis in medieval Catholic doctrine.
True or false: Stevens treaties afford an easement for tribes to access usual and accustomed site and nowhere else.
False. Stevens treaties afforded an easement for tribes to access usual and accustomed sites and to other areas where it can be shown that they were used for an extended period of time.
True or false: the Public Trust Doctrine has roots predating the United States.
True, it dates back to Emperor Justinian in Rome.
True or false: courts have found it legislative authority to convey a streambed to a private party.
True, courts have found it to be legislative authority to convey a streambed to a private party.
The duty of a trustee under the Public Trust is called: ________.
Fiduciary Responsibility
The court in Robinson found that the Public Trust originates in: 1) ________; 2) _________
1) Statute
2) The social compact with the government.
The Lake Michigan case found that conveyance of public trust land was prohibited where…
…where the private party is the primary benefactor of the conveyance.
What describes the defining characteristic of resources subject to the public trust principle?
They are of public concern.
What was the traditional geographic footprint of the public trust?
Navigable waterways, submerged lands, and tidelands.
What was not a traditional interest protected by the public trust principle?
Recreation, Aesthetics, Biodiversity, and Human Survival
What doctrine was invoked to provide public access to the dry sand beaches of Oregon?
The doctrine of Custom.
