Ownership

Question 1

Right to exclude

Answer 1

to fully control access to your property, you need to be able to decide both: who can come in (the right to include) and who must stay out (right to exclude)

Question 2

Jacques v. Steenberg Homes

Answer 2

Individual interest of the right to exclude

Question 3

Necessity Elements

Answer 3

(1) a clear and imminent danger, (2) a reasonable expectation that the action will effectively abate the danger, (3) no legal alternative will abate the danger, and (4) the legislature hasn’t acted to preclude this defense

Question 4

State v. Shack

Answer 4

property rights serve human values. They are recognizes to that end, and are limited by it. They could not exclude because it was an infringement of the right of the workers

Question 5

Takings

Answer 5

the government may take private property so long as it does so for public use and with payment of just compensation

Question 6

Andrus v. Allard

Answer 6

it is a takings issue if there is a significant restriction on the disposal of the item

Question 7

Eyerman v. Mercantile Trust Co.

Answer 7

if a deceased persons wishes in their will go strongly against public policy, then the court cannot and will not enforce the will.