Exam (elaborations)
REE 3433 exam 4 (chap 12-14)
REE 3433 exam 4 (chap 12-14)
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REE 3433 exam 4 (chap 12-14)1: in theft or conversion - ANS-Owner has right to enter land and reclaim prop. If they
act reasonably and have already requested for landowner to return property
2: personal prop. On another's land by an act of God - ANS-On another's land by an act
of God, may enter to gather but will be liable for any damages in the process of removal
3 situations for reclamation of personal property: - ANS-1: in theft or conversion
2: personal prop. On another's land by an act of God
3: if on another's land through fault of personal property Owner
3 tests one must pass to have variance - ANS-1: owner must prove land will not yield
reasonable rate of return if used as zoned purpose
2: must be proof the hardship is unique to the property and does not affect other
property
3: must be shown the variance will not change essential character of neighborhood
3 types of exclusionary zoning - ANS-1: define what structures are permissible
2: require single-family homes to be occupied by single-housekeeping units only
3: require that the household be comprised of related persons only
3: if on another's land through fault of personal property Owner - ANS-Owner, has no
right to enter land
4 torts of right to privacy - ANS-1: appropriation
2: public disclosure of a private fact
3: false light
4: intrusion
6 factors for unreasonable harm - ANS-Activity of offender value to society
coming to the nuisance
hardship
activity's location
prevention of damage
defendant's motive
Abandoned property - ANS-prop. permanently surrendered by owner; finder has locus
, Activity of offender value to society - ANS-if timber producer couldn't do what they do
b/c of nuisance, there would be shortage for all
activity's location - ANS-N/A
Amortization provisions - ANS-zoning ordinance provision that allows a nonconforming
use to continue only for a specified # of years
appropriation - ANS-unauthorized use of a name, likeness, or personality for the benefit
of another
Areas of critical concern - ANS-area that has significant impact on environmental,
historical, natural, or archeological resources
Assault - ANS-attempted or threatened battery
Assumption of risk - ANS-plaintiff is aware of risk and still proceeds to incur it; also may
give reason for court not to grant in favor of plaintiff
Battery - ANS-harmful touching of another
Brownfields - ANS-land that has become unusable due to environmental hazards
Bubble effect - ANS-measuring the total discharge of pollutants from a factory rather
than measuring pollutants from each separate source within the factory
By-laws - ANS-document governing the operation details of a condo
Change in neighborhood: 2 types of change that might result in land restrictions being
void - ANS-1: occurs when owner violates restrictions on land with the apparent
acquiescence (acceptance) of other owners
2: occurs outside area restricted by covenant (when covenant becomes oppressive and
inequitable
Child trespasser/Attractive nuisance doctorine - ANS-duty of reasonable care owed to a
child trespassing who is unable to appreciate the danger from an artificial condition or
activity on land to which child can be expected to be attracted
-ex: child falling into pool; owner liable for not having cover
Clean air act - ANS-statute designed to improve air quality
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