Condemnation

The term “condemnation” is used to define the situation wherein a local, state, or federal government seizes a citizen’s property, then compensates the owner for what was seized. An example of condemnation is a piece of property being condemned by the government due to a carbon monoxide leak. The owners of the property will be forced to move out, and […]

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Dolan v. City of Tigard

Following is the case brief for Dolan v. City of Tigard, 512 U.S. 374 (1994) Case Summary of Dolan v. City of Tigard: Petitioner Dolan sought to make changes to her business property.  The City of Tigard placed two conditions on granting Dolan permission — a public greenway to mitigate flooding, and a pedestrian/bicycle path. Dolan appealed in state court, claiming […]

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Pierson v. Post

Following is the case brief for Pierson v. Post, New York Court of Appeals, (1805) Case summary for Pierson v. Post: Post was a fox hunter in pursuit of a specific fox. Before Post was able to mortally injure or physically catch the fox, Pierson began to pursue and eventually catch the same fox. Post brought an action against Pierson […]

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Katko v. Briney

Following is the case brief for Katko v. Briney, 183 N.W.2d 657 (1971) Case Summary of Katko v. Briney: Defendants set up a spring gun to guard against people trespassing into their unoccupied farmhouse.  Plaintiff broke into the house and was seriously injured by the spring gun. At trial, Plaintiff won a verdict of $20,000 actual, and $10,000 punitive, damages.  Defendant […]

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Shelley v. Kraemer

Following is the case brief for Shelley v. Kraemer, 344 U.S. 1 (1948). Case Summary of Shelley v. Kraemer: In two companion cases, two African-American families were denied the use of land that they purchased due to race-based restrictive covenants placed on those properties. The State Supreme Courts of Missouri and Michigan allowed the deprivation of the property based on the […]

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Pennoyer v. Neff

Following is the case brief for Pennoyer v. Neff, 95 U.S. 714 (1878). Case Summary of Pennoyer v. Neff: An attorney, Mitchell, sued Neff in Oregon state court.  Neff did not live in Oregon.  Mitchell served notice of the suit by publication, not by personal service. Once Mitchell received a default judgment against Neff, Mitchell sold property Neff owned in Oregon […]

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Riparian Rights

The concept of riparian rights refers to the rights of all landowners whose properties connect to a running body of water, such as a river or stream. More specifically, the term refers to their right to make “reasonable use” of the water that flows either through or over their properties. Examples of riparian rights include swimming, boating, or fishing. To […]

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