property law

Civil Forfeiture

Overview

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding. For this reason, civil forfeiture case names often appear strange, such as United States v. Eight Rhodesian Stone Statues,

Incentive Zoning

Incentive zoning allows landowners to essentially buy their way out from a land-use regulation for a pre-set price.  This is distinguised from illegal contract zoning by the pre-set price (if the governing board has not pre-set the price, a landowner buying their way out will be illegal contract zoning).

For example, a city may offer that if a new office building will have a public parking garage on the first two levels, that building may reach three stories above the zoned height.

Keywords: 

Youngstown Sheet & Tube Co. v. Sawyer (1952)

Definition

A U.S. Supreme Court case in which the Court held that President Truman lacked either constitutional or statutory authority to seize the nation's strike-bound steel mills (the Court noted, however, that Congress would have had constitutional authority to do so). The President had ordered the Secretary of Commerce to take possession of and operate the mills in order to maintain steel production during the Korean War. 

 

30-day notice

Definition

A common notice period required by many state and local landlord-tenant laws and ordinances.

A notice from a landlord to a tenant to vacate the premises within 30 days; a notice from a landlord to a tenant informing the tenant of a change in the terms of the tenancy, e.g. an increase in rent; or a notice from a tenant to a landlord informing the landlord of his or her intent to vacate the premises within 30 days.

 

view ordinance

A local law designed to protect property owners who have desirable (and valuable) views. Typically, these ordinances allow property owners to insist on the trimming of trees that have grown and now block the view, so that the original view is restored, The property owner must pay for the trimming. View ordinances generally don't cover buildings or other structures that block views.

Vertical privity

Definition

1) In business law, the relationship between companies in a distribution chain. For example, a manufacturer and a distributor are in vertical privity. Those in vertical privity are jointly liable for product defects in the vertical chain.

2) The relationship between a party to a restrictive covenant and a person who later acquires the property burdened by the covenant from the party. The purchaser is bound by the covenant if he or she had sufficient notice of it at the time of purchase.

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