User:CheshireKatz/Property/Chart

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[edit] Regulatory Takings Chart

Compensation for Regulatory Takings
Regulatory Taking	Time		Examples	Compensation	Calculation	Results
Denial of all beneficial ($$) uses* (Lucas)			Development ban on shore	Per Se. Eminent domain-esque payments relative to economic loss		Significant Comp.
Physical Invasion / Trespass	Long- Term	Permanent	Cable installation in building (Loretto)	Per Se.** Structured or absolute payments relative to harm less any economic benefit	Minimal invasion (rare maintenance) - econ benefit (much)	Nominal Comp. ($1)
		Permanent	30-yr groundwater cleanup on farm		Serious invasion (machinery & workers) - econ benefit (much)	Moderate Comp.
		Perpetual recurrent	Postal right-of-way thru gated community		Minimal invasion (post carrier trespass) - econ benefit (none)	Nominal Comp.
		Perpetual recurrent	Military test-firing near hotel		Serious invasion (scares off patrons) - econ benefit (none)	Significant Comp.
	Short-Term (Temporary)		2-day fallen satellite retrieval on farm	Possible. At most, lease value for time & reasonable lost profits		Nominal Comp.
	Short-Term (Temporary)		2-week crime scene investigation in bar			Moderate Comp.
Diminution of value***				Possible.
* Limited to economic loss of those proscribed use interests were permissible at transfer of title. No matter how minute the intrusion or weighty the public purpose behind it. * "Too Far" test: 1) Economic impact on landowner, 2) Interference with reasonable investment-backed reliance, & 3) character of regulation.

[edit] Future Interest

Future Interest & Perpetuities Problems
A grants Land to B...		Who holds land interests?		Cont. Rem. or Exec Int. in conflict with...
A grants Land to B...		Who holds land interests?		RAP?	W&S?
for life	(default). (4)	B has a Life Estate and at B's death...	A has a Rev.	No. Grantor's Rev is inherently vested
	& Rem to C. (1)		C has a Vest. Rem.	No.
	& Rem to C (in her will). C dies before A. (3)		C's estate has a Vest. Rem.	No.
	& Rem to C's heirs. (2)		Heirs have a Cont. Rem. Heirs are only known at C's death.	No. Cont. Rem. vests at C's death. C is the measuring life.
	& Rem to B's issues as are 25 at B's death. (11)		Issues (25+) have a Cont. Rem. If none are of age, A has a Rev.	No. Cont. Rem. vests at B's death. B is the measuring life.
	& Rem to B's (or C's) issues as reach the age of 21 (where C dies before B). (12)		Issues (21+) have a Vest. Rem. & issues (21-) have Exec. Int. If none are of age, A has a Rev., until first Exec. Int. is acted on.	No. Every Exec. Int. vests within 21 years after B's death. B can serve as the measuring life.
	& Rem to B's (or C's) issues as reach the age of 25 (where C dies before B). (9 & 10)		Issues (25+) have a Vest. Rem. & issues (25-) have Exec. Int. If none are of age, A has a Rev., until first Exec. Int. is acted on.	Yes. An Exec. Int. might vest more than 21 years after B's death, where B serves as the measuring life.*	No, if youngest issue at B's death is 4+ years old.
for so long as the land is preserved as open space...	(default). (5)	B has a Fee Simple Determ. and upon breach...	A has a Rev.	No. Grantor's or grantee's interests are vested.
	& Rem to C. (6)		C has an Exec. Int. Where C's Int. is unlawful, A has a Rev.
	&, separately, A grants all remaining interests to C. (7)		C has an Exec. Int. A has a Rev. &, if C dies before B, a PoRev.
	& Rem to C for life. (7)		C has an Exec. Int. A has a Rev. &, if C dies before B, a PoRev.
	& all A's interests to C.
*Court may change the age term to 21 to accommodate.

Future Interest & Perpetuities Problems
A grants Land to B...		Who holds land interests?		Cont. Rem. or Exec Int. in conflict with...
A grants Land to B...		Who holds land interests?		RAP?	W&S?
for life.		B has a Life Estate and at B's death...	A has a Rev.	No. Grantor's Rev is inherently vested.
for so long as the land is preserved.		B has a Fee Sim. Det. and on breach...	A has a Rev.	No. Grantor's Rev is inherently vested.
for life...	then to C.	B has a Life Estate and at B's death...	C has a Vest. Rem.	No. C's Rem. is vested.
for so long as the land is preserved...	then to C.	B has a Fee Sim. Det. and on breach...	C has an Exec. Int. A has a Rev., where C's Int. is invalid.	Yes. The Exec. Int. might vest more than 21 years after the measuring life expired.	No, if the Exec. Int. is acted on within RAP.

[edit] Race/Notice Problems

Non-Race Jurisdiction Problems
	Who owns Greenacre?
Facts	A grants Greenacre to B B does not record A grants Greenacre to C C records	A grants Greenacre to B B does not record A grants Greenacre to C B records C records
Owner	C owns Greenacre	B owns Greenacre
Explanation	In Race Jurisdiction, first to record owns property.

Race Jurisdiction (archaic) Problems
	Who owns Land?
Facts	A grants Land to B & B does not record				A attempts to grant Land to B, but the deed is not in the proper form A dies without mentioning Land in her will A's kin C seeks to claim Land
Facts	A grants Land to C C records	A grants Land to C B records C records	A grants Land to C C has notice of A's conveyance to B C records B records
Owner	C owns Land	B owns Land	C owns Land	B owns Land precariously	C owns Land
Rule	In Race Jurisdiction, first to record owns property.		Notice is irrelevant.	Until purchaser records, prior owner may sell property again.	Transfer requires a proper deed, absent one their is no transaction.

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