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PROPERTY D SLIDES

PROPERTY D SLIDES. 2-19-15 NATIONAL CHOCOLATE MINT DAY. Friday Feb 19 Music to Accompany Lutz : Billie Holiday Sings (1952). Lunch Today: Meet on Brix @ 12:25 Alfonso * Clifton Kusserelis * D.Roberts Ryan * Woodbury No Dean’s Fellow Today (DCA Visit). Reminder:

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PROPERTY D SLIDES

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  1. PROPERTY D SLIDES 2-19-15 NATIONAL CHOCOLATE MINT DAY

  2. Friday Feb 19 Music to Accompany Lutz: Billie Holiday Sings (1952) Lunch Today: Meet on Brix @ 12:25 Alfonso * Clifton Kusserelis * D.Roberts Ryan * Woodbury No Dean’s Fellow Today (DCA Visit) Reminder: Everglades Critique of Rev. Prob. 2C Due Tomorrow @ Noon

  3. FRIdayPop Culture QUIZ Name the Musical Group: • 1st Billboard #1 Hit in 1958 • Won 5 Grammys; Nominated for 8 More • Featured in Major Studio Motion Picture in 2011 [Answer after Break]

  4. Chapter 2: The Eminent Domain Power & the Public Use Requirement • Federal Constitutional Background • State Public Use Standards • Kelo& Beyond • Kelo Majority & Kennedy Concurrence • Kelo Dissents & Merrill • Review Problems • Rev. Problem 2D • Rev. Problem 2G

  5. OLYMPIC: Rev. Prob. 2D EEL GLACIER

  6. Review Problem 2D • City developing Museum on own land next to Old Grantham • OG = Slightly rundown neighborhood w shabby but occupied apt complexes, warehouses, and a few small businesses (incl. pawnshop & XXX bookstore). • Developer D wants to develop 24-sq-block part of OG into mixed-use project containing residences, offices, stores and restaurants. • City uses EmDom to purchase area & resell to D contingent on her building proposed project.

  7. REVIEW PROBLEM 2D Under Rational Basis Test • Purpose of Program? • Upgrade N-Hood; Improve Museum Prospects • Legitimate? (Connected to Health, Safety, Welfare, Morals) • YES. Both are Welfare • Program Rationally Related to Purpose? • Plausible Successful Developer Can Upgrade Neighborhood? YES • Plausible Better Neighborhood Helps Increase Visits to Museum? YES EASY CASE UNDER RATIONAL BASIS

  8. REVIEW PROBLEM 2D EASY CASE UNDER RATIONAL BASIS TODAY: Q under Kelo Majority & KND Concurrence: Does the Situation Here Warrant Greater Scrutiny or is Pure Rational Basis the Appropriate Test

  9. Olympic: REVIEW PROBLEM 2D Facts/Aspects Of Problem That Might Point To Greater Scrutiny Under Kelo Majority or KND?

  10. Olympic: REVIEW PROBLEM 2D Facts/Aspects Of Problem That Might Point To Greater Scrutiny Under KeloMajority/KND include: • Deal proposed by D; Known Beneficiary. • No evidence it arose through comprehensive planning process or resulted from thorough deliberations • No evidence of state statute supporting • No evidence of serious economic crisis

  11. Olympic: REVIEW PROBLEM 2D Overall: Enough Reasons for Concern to Forego Deference/Rational Basis? (Including Facts/Aspects Of Problem That Tend to Support Rational Basis/Deference)

  12. Olympic: REVIEW PROBLEM 2D Facts/Aspects Of Problem That Might Point To Rational Basis Under KeloMajority/KND include: • Developer’s Renown & Prior Success Rate: • Make Genuine Public/Economic Benefit More Likely • Mildly Reduce Risk of Corruption • Contractual Limits Mildly Increase Chances that • Genuine Public Benefit • No Surprise Private Benefit

  13. REVIEW PROBLEM 2D Next Week in DF: Application of Poletown & HatchcockTests to Rev. Prob. 2D Questions on 2D?

  14. Chapter 2: The Eminent Domain Power & the Public Use Requirement • Federal Constitutional Background • State Public Use Standards • Kelo& Beyond • Kelo Majority & Kennedy Concurrence • Kelo Dissents & Merrill • Review Problems • Rev. Problem 2D • Rev. Problem 2G (ALL except OLYMPIC)

  15. Review Problem 2G & Hatchcock Why Each Particular HatchcockSituation is/isn’t a Useful Test for Public Use: General Concerns Include: • Subject Matter Relevant & Important v. Irrelevant or Unimportant • Restriction Necessary/Appropriate v. Too Restrictive • Test is Workable v. Too Complex or Too Vague

  16. Rev. Prob. 2G & Hatchcock Situation #1 (Acadia) Public Necessity: Pros & Cons of Test • Means: • Type of Project is important/vital & • Only way to do project is through Eminent Domain • Does NOT Mean Specific Projectmust be Necessary to Public • Considerations: • Subject Matter Relevant & Important v. Irrelevant or Unimportant • Restriction Necessary/Appropriate v. Too Restrictive • Test is Workable v. Too Complex or Too Vague

  17. Rev. Prob. 2G & Hatchcock Situation #2 (Badlands) Accountability: Pros & Cons of Test • Means: Private entity remains responsible to public for its use • Considerations: • Subject Matter Relevant & Important v. Irrelevant or Unimportant • Restriction Necessary/Appropriate v. Too Restrictive • Test is Workable v. Too Complex or Too Vague

  18. Rev. Prob. 2G & Hatchcock Situation #3 (Everglades) Selection: Pros & Cons of Test • Means: Particular parcel(s) chosen based on facts of independent public significance. • Independentmeans reasons to select location unconnected to success of intended Project • Look for problems with Present Use/Ownership • Does NOT consider EXTENT of importance/significance of site/project • Considerations: • Subject Matter Relevant & Important v. Irrelevant or Unimportant • Restriction Necessary/Appropriate v. Too Restrictive • Test is Workable v. Too Complex or Too Vague

  19. Rev. Prob. 2G & Rational Basis (Sequoia) Rational Basis: Pros & Cons of Test • Means: Rationally Related to Legitimate State Purpose • Considerations: • Obviously a Workable Test • Deference here is good because… • Too much deference here is problematic because…

  20. FRIdayPop Culture QUIZ Name the Musical Group: • 1st Billboard #1 Hit in 1958 • Won 5 Grammys; Nominated for 8 More • Featured in Major Studio Motion Picture in 2011

  21. FRIdayPop Culture QUIZ Name the Musical Group: • 1st Billboard #1 Hit in 1958 • Won 5 Grammys; Nominated for 8 More • Featured in Motion Picture in 2011

  22. CHAPTER 3: ADVERSE POSSESSIONOVERVIEW (Continued)

  23. Adverse Possession: OverviewLawyering Focus: Working with Indiv. Elements Need to Understand Role and Operation of Each Element Because each Element is required, assume not redundant Each Element looking for different kind of info i.e., separate purpose/focus and different kinds of facts for each Useful to think about how each fits into purposes of AP LMNs of AP: similar from state to state exc state of mind If addressing a case in a particjurisd, for each element: Check statute and caselaw for definitions/rules Use policy/purpose arguments to help resolve close cases

  24. Adverse Possession: OverviewLawyering Focus: Individual Elements Our Sequence • Actual Use (Acadia) • Open & Notorious (Badlands) • Exclusive (Olympic) • Continuous (Sequoia) • Adverse/Hostile (Everglades) Our Coverage for Each • Focus/Relevant Evidence • Purpose • Easy Cases/Hard Cases • Judicial Opinions • Review Problems for 1-4

  25. Cases: Brief Introduction with Memory AidsLutz (NY 1952) Squatters’ Garden Thrives During the Great Depression Billie Holiday Sings

  26. Cases: Brief Introduction with Memory AidsRay (NY 1996) Creepy Summers in Empty Resort barry manilow, summer of ‘78

  27. Cases: Brief Introduction with Memory AidsE. 13th Street (NY. Supr. 1996) Squatters’ Ensemble Tries to Act Together RENT (Original Cast Album)

  28. Cases: Brief Introduction with Memory AidsBell (Wash. 1989) Houseboat Tied to Land with Woodshed, Sauna & Moving Outhouse The B-52s, COSMiCThiNG featuring “Love Shack”

  29. Cases: Brief Introduction with Memory AidsVezey (Alaska 2001) The Present Depends on the Past JOHN BONGIOVI, THE POWER STATION YEARS 1980-1983 featuring“Who Said It Would Last Forever”

  30. Cases: Brief Introduction with Memory AidsHoward v. Kunto (Wash. App. 1971) Everyone is One Lot Over from Their Deed We’re Not Reading but I’ll Use the Facts as an Example/Hypothetical

  31. Adverse Possession: OverviewCases: Three Common Fact Patterns Mistaken Owner w Good Faith Belief in Title ~Ray; Vezey; Howard Boundary Dispute between Neighbors Review Problems 3B & 3H Outsider “Squatting” Lutz; E. 13th St.; Bell

  32. SEQUOIA: DQ3.01-3.03 SEQUOIAS

  33. Adverse Possession: JustificationsDQ3.01: AP as SoL (Sequoia) Purposes Behind SoL Generally? (E.g., Torts/Contracts)

  34. Adverse Possession: JustificationsDQ3.01: AP as SoL (Sequoia) Purposes Behind SoL Generally (E.g., Torts/Contracts) Potential Ds: Repose Legal System: Evidentiary Problems Potential Ps: Encourage Rabbits; Punish Turtles (Don’t “Sleep” on Your Rights) Apply to Actions for Possession of Land?

  35. Adverse Possession: JustificationsDQ3.01: AP as SoL (Sequoia) Purposes Behind SoL: Adverse Possession Potential Ds: Repose (Quiet Titles; Protect Investment) Legal System: Evidentiary Problems (”Prescriptive Rights”) Potential Ps: Don’t “Sleep” on Your Rights Discourage Leaving Land Unmonitored (Drugs, Dead Bodies, Al-Qaeda) Other Purposes for AP?

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