W4 Flashcards
three main general approaches to airspace rights:
- owner has exclusive control over “the immediate reaches of the enveloping atmosphere incluing at least as much space above ground that he can occupy or use in connection with the land (ordinary and reasonable use)
- fixed height (usually 500ft) which relates to federal regulation of the minimum altitude for air traffic.
- CL (property owner has title not only to the land on the surface but to everything below the surface and above the surface) + easements to activities like airplane traffic or communications related activities that could involve airpsace rights (cell towers/phone/power/cable lines)
subsurface rights CL test
reasonable use test. the owner has the right to an area below the ground that the owner reasonably and foreseeably might use.
negative to the subsurface rights CL test
the owner may have to prove actual damages from an alleged below-ground intrusion to establish trespass.
when is someone STRICTLY LIABLE to the landowner for damages caused by an action
if someone acts in a way that compromises the lateral or subjacent support of the owner’s land in its natural condition
lateral support definition
support from adjacent parcels of land
subjacent support definition
support from the earth immedately below the owner’s parcel
United States v. Causby
Facts & Holding
FACTS: ∆s filed suit against airport because of noise, lights, and lwo flights that are impacting their ability to use their property as a commercial chicken farm
Holding: landowner, as an incident to his ownership, has a claim to the airspace and invasions of it are in the same category as invasions of the surface.
Subsurface right rule of reasonable use
right to exclude invasions of the subsurface property that actually interfere w/ owners reasonable and foreseeable use of the subsurface.
transferrability of mineral interests
you can seperately transfer mineral interests from surface interests.
Water rights refer to: (3)
- riparian rights
(surface water such as ponds, lakes, rivers, streams) - groundwater rights
(underground, dispersed water that percolates through permeable subsurface layers) - littoral rights
(also applies to the sea)
Four main approaches to water rights
- riparian system
reasonable use doctrine (mostly eastern states) - prior appropriation system
water rights allocated to the first person to divert the water for BENEFICIAL use (many western states) - hybrid california system
combines elements from 1&2 (western states) - permit system.
require a permit for the diversion of surface water. gov’t regulates amount of water that may be withdrawn. (many states)
what do groundwater rights refer to
water flowing through and/or collected in subsurface layers including water accessible through wells
THREE APPROACHES TO GROUND WATER RIGHTS
- reasonable use
surface owner may use groundwater for reasonable uses on the overlying land - correlative rights
surface owner is entitled to a proportional share compared to other landowners who might access the groundwater - permit system
title to the groundwater is vested in teh state and the property owner can only access or extract groundwater with a permit.
Diffuse surface water definition
water that flows outside of an established channel across the surface of the land as the result of rain, snow melt, or flooding
primary CL rules for diffuse surface water disposal
- Common enemy doctrine
diffuse surface water is the “common enemy” of all landowners, and any landowner may take any measures necessary to dispose of it, even if those measure harm neighboring landowners - civil law doctrine
a landowner may not take any action to alter the ordinary flow of diffuse surface water - reasonable use doctrine
a landowners actions regarding use and disposal of diffuse surface water must be reasonable under all the circumstnaces, including the effect on neighobring landowners.
Michigan Citizens for Water Conservation v. Nestle Waters
Facts & Holding
Facts: case where nestle purchased groundwater rights to a section of the lake and began taking steps to construct a spring water bottle plant
HOLDING: court adopts reasonable use rule as opposed to rule of capture because they weighed policy considerations
factors for application of reasonable use
per Michigan citizens for Water conservation v. Nestle waters
- the purpose of the use
- the suitability of the use to the location
- the extent and amount of the harm
- the benefits of the use
- the necessity of the amount and manner of the water use
- any other factor that may bear on the reasonable of the use.
how to acquire property right in animals ferae naturae
the pursuer must bring them into his power and control, and so maintain his control as to show that he does not intent to abandon them again to the world at large.
State v. Shaw
Facts & Holding
facts:
case where someone had a net with fish in it that it was basically impossible for the fish to escape from and someone else came and lifted the nets and took the fish
Holding:
the owners of the nets, having captured and confined the fish, had acquired such a property in them that the taking of them was larceny.
popov v. hayashi
Facts & holding
Facts:
case where home run ball landed in the upper portion of glove worn by π. in reaching for the ball he lost his balance π was tackled and people jumped on him to get the ball. ∆ also fell and while on the ground saw the loose ball and picked it up.
Holding:
Both π & ∆ have an equal and undivided interest in the ball.
