Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it.
La Grange is a city in Lewis County, Missouri, United States. The population was 931 at the 2010 census. Since the 1960 census, the population has been dwindling. It is part of the Quincy, IL–MO Micropolitan Statistical Area.
Eminent domain, land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition (Australia), or expropriation is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. However, this power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.
The Institute for Justice (IJ) is a non-profit libertarian public interest law firm in the United States. It has litigated eight cases before the United States Supreme Court dealing with eminent domain, interstate commerce, public financing for elections, school vouchers, tax credits for private school tuition, civil asset forfeiture, and residency requirements for liquor license. The organization was founded in 1990. As of June 2016, it employed a staff of 95 in Arlington, Virginia and seven offices across the United States. Its 2016 budget was $20 million.
Berman v. Parker, 348 U.S. 26 (1954), is a landmark decision of the United States Supreme Court that interpreted the Takings Clause of the Fifth Amendment to the United States Constitution. The Court voted 8–0 to hold that private property could be taken for a public purpose with just compensation. The case laid the foundation for the Court's later important public use cases, Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) and Kelo v. City of New London, 545 U.S. 469 (2005).
The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub.L. 106–274 (text)(pdf), codified as 42 U.S.C. § 2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid zoning law restrictions on their property use. It also defines the term "religious exercise" to include "any exercise of religion, whether or not compelled by, or central to, a system of religious belief." RLUIPA was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no written vote was taken. The S. 2869 legislation was enacted into law by the 42nd President of the United States Bill Clinton on September 22, 2000.
Kelo v. City of New London, 545 U.S. 469 (2005), was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.
Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984), was a case in which the United States Supreme Court held that a state could use eminent domain to take land that was overwhelmingly concentrated in the hands of private landowners and redistribute it to the wider population of private residents.
Pacific Park is a mixed-use commercial and residential development project by Forest City Ratner that will consist of 17 high-rise buildings, under construction in Prospect Heights, adjacent to Downtown Brooklyn, Park Slope, and Fort Greene in Brooklyn, New York City. The project overlaps part of the Atlantic Terminal Urban Renewal Area, but also extends toward the adjacent brownstone neighborhood. Of the 22-acre (8.9 ha) project, 8.4 acres (3.4 ha) is located over a Long Island Rail Road train yard. A major component of the project is the Barclays Center sports arena, which opened on September 21, 2012. Formerly named Atlantic Yards, the project was renamed by the developer in August 2014 as part of a rebranding.
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property.
Dana Berliner is Litigation Director at the Institute for Justice, a public interest law firm in Arlington, Virginia founded in 1991 by Chip Mellor and Clint Bolick. She was co-lead counsel for Susette Kelo in the landmark United States Supreme Court case Kelo v. City of New London.
Head v. Amoskeag Mfg. Co., 113 U.S. 9 (1885), was a U.S. Supreme Court case considering whether a dam constructed on privately owned land served a public purpose and whether having the owner of the dam compensate any adjacent landowner was a legal form of eminent domain.
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330 (2007), was a United States Supreme Court case about interstate commerce. Chief Justice John Roberts wrote the opinion of the Court, holding that a New York state ordinance forcing private waste management companies to deliver waste to a public facility did not discriminate against interstate commerce. Justice Samuel Alito wrote a dissent.
Vicki Miles-LaGrange is an inactive Senior United States District Judge of the United States District Court for the Western District of Oklahoma. She was the first African-American woman to be sworn in as United States Attorney for the Western District of Oklahoma. She was also the first African-American woman elected to the Oklahoma Senate.
Cooper Manufacturing Co. v. Ferguson, 113 U.S. 727 (1885), was a suit regarding the legitimacy of a sale of a steam engine and other machinery in the State of Ohio.
An Act to authorize the condemnation of lands for sites for public buildings, and other purposes, commonly known as the Condemnation Act or the Act of August 1, 1888, is a federal statute adopted by the 50th United States Congress and signed into law on August 1, 1888, which authorizes federal officials to seek eminent domain condemnation of land for the purpose of erecting public buildings. It also gives federal district and appellate courts jurisdiction over these proceedings.
Eaton vs. Boston, Concord & Montreal Railroad was a New Hampshire Supreme Court case decided in 1872 between farmer Ezra B. Eaton and the railroad company. Eaton asked the court to decide if B., C. & M.R.R. flooding of his farm was considered a "taking" under the Fifth Amendment's eminent domain clause, and if the railroad was responsible for compensation to the farmer for the taking. The court asked if "a release of all damages on account of the laying out or construction of a railroad through and over the land of the releasor, does not cover damages occasioned to the remaining land of the releasor by the construction of the railroad over the land of other persons". In 1851, after construction of the railroad, Eaton gave the defendants a warranty deed for the part of his farm where the railroad was located and signed the following release: "I, the subscriber, do hereby acknowledge that I have received of the Boston, Concord, & Montreal Railroad the sum of two hundred and seventy-five dollars, in full for the amount of damages assessed to me by the railroad commissioners of the State of New Hampshire, in conjunction with the selectmen of Wentworth, on account of the laying out of the said Boston, Concord, & Montreal Railroad through and over my land; and I do hereby release and discharge the said corporation from said damages".
The 2012 Virginia State Elections took place on Election Day, November 6, 2012, the same day as the Presidential, U.S. Senate and U.S. House elections in the state. The only statewide elections on the ballot were two constitutional referendums to amend the Virginia State Constitution. Because Virginia state elections are held on off-years, no statewide officers or state legislative elections were held. Both referendums were referred to the voters by the Virginia General Assembly.
Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring "just" compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25 (1959), was a case in which the Supreme Court created a new doctrine of abstention.
