Report on the Law of the Tenement
... examples have included the Conveyancing (Strata Titles) Act 1961 (New South Wales),7 the Sectional
Titles Act of 1971 (South Africa),8 and the Uniform Condominium Act of 1977 (United States).
2.3 So far the United Kingdom has resisted this legislative tide. In Scotland this can probably be
Information Feudalism: Who Owns the Knowledge
... During the course of this project we have received help from a number
of sources and people. The fieldwork foundations of this book were laid in
1994 when Drahos spent a year at the Research School of Social Sciences
(RSSS) at the Australian National University as a Visiting Fellow under the
THE EMINENT DOMAIN IN AUSTRALIA
... This is the interpretation of s 51(xxxi) adopted by the High Court for the first forty
years: one focussed on the placitum’s purpose of protecting ‘individual rights’, and not
on its role in conferring a ‘legislative power’. This changed after World War Two,
when Justice (and later Chief Justice) Di ...
building a better mousetrap: patenting biotechnology in the
... constitutions.10 Other recent state supreme court decisions have
imposed constraints on takings that go beyond Kelo even if they
have not completely rejected the Kelo approach.11
By contrast, federal and state courts have been all over the
map in their efforts to apply Kelo’s restrictions on ―pretex ...
What Happened to Property in Law and Economics
... and its consequences are vital to an understanding of property as a legal and
economic institution.7 Because core property rights attach to persons only
through the intermediary of some thing, they have an impersonality and
generality that is absent from rights and privileges that attach to persons
the Working Paper
... harbor” rule whereby testators who market a future interest in their property and elect to
forego the future interest’s market value would be entitled to destroy valuable property
via will. This provision not only solves the moral hazard problem, but it also addresses
the other objections to permitt ...
property - NYU School of Law
... possession; 2. open and notorious; 3. adverse and under a claim of right; 4.
continuous for the statutory period. Another way to look at is follows: hostile,
actual, visible, exclusive and continuous.
-Entry starts the adverse possession clock and also tends to stake out the area
being claimed. It c ...
... Council has made an analysis of the regulations adopted on the basis of the Law on
Planning and Construction, and has found that the regulations contain substantive
provisions regarding the change of the form of ownership and drew the attention of the
Government to the problem in its letter of 24 Fe ...
On Protection and Restriction of Private Property Right
... within the limits prescribed by law, are important components of the socialist market economy.” Article 21 of the
Amendment to the Constitution of the People’s Republic of China (2004) regulates: “The State protects the lawful rights
and interests of the non-public sectors of the economy such as the ...
Eminent domain (United States, the Philippines), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong), resumption/compulsory acquisition (Australia), or expropriation (South Africa, Canada) is the power of a state or a national government to take private property for public use. However, 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.The property may be taken either for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses of property taken by eminent domain are for government buildings and other facilities, public utilities, highways, and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania. Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent domain.