User:CheshireKatz/Property/Chart

Regulatory Takings Chart

Compensation for Regulatory Takings
Regulatory Taking	Time		Examples	Compensation	Calculation	Results
Denial of all beneficial ($$) uses* (Lucas)			Development ban on shore	Per Se. Eminent domain-esque payments relative to economic loss		Significant Comp.
Physical Invasion / Trespass	Long- Term	Permanent	Cable installation in building (Loretto)	Per Se.** Structured or absolute payments relative to harm less any economic benefit	Minimal invasion (rare maintenance) - econ benefit (much)	Nominal Comp. ($1)
			30-yr groundwater cleanup on farm		Serious invasion (machinery & workers) - econ benefit (much)	Moderate Comp.
		Perpetual recurrent	Postal right-of-way thru gated community		Minimal invasion (post carrier trespass) - econ benefit (none)	Nominal Comp.
			Military test-firing near hotel		Serious invasion (scares off patrons) - econ benefit (none)	Significant Comp.
	Short-Term (Temporary)		2-day fallen satellite retrieval on farm	Possible. At most, lease value for time & reasonable lost profits		Nominal Comp.
			2-week crime scene investigation in bar			Moderate Comp.
Diminution of value***				Possible.
* Limited to economic loss of those proscribed use interests were permissible at transfer of title. ** No matter how minute the intrusion or weighty the public purpose behind it. *** "Too Far" test: 1) Economic impact on landowner, 2) Interference with reasonable investment-backed reliance, & 3) character of regulation.

Future Interest

Future Interest & Perpetuities Problems
A grants Land to B...		Who holds land interests?		Cont. Rem. or Exec Int. in conflict with...
				RAP?	W&S?
for life	(default). (4)	B has a Life Estate and at B's death...	A has a Rev.	No. Grantor's Rev is inherently vested
	& Rem to C. (1)		C has a Vest. Rem.	No.
	& Rem to C (in her will). C dies before A. (3)		C's estate has a Vest. Rem.	No.
	& Rem to C's heirs. (2)		Heirs have a Cont. Rem. Heirs are only known at C's death.	No. Cont. Rem. vests at C's death. C is the measuring life.
	& Rem to B's issues as are 25 at B's death. (11)		Issues (25+) have a Cont. Rem. If none are of age, A has a Rev.	No. Cont. Rem. vests at B's death. B is the measuring life.
	& Rem to B's (or C's) issues as reach the age of 21 (where C dies before B). (12)		Issues (21+) have a Vest. Rem. & issues (21-) have Exec. Int. If none are of age, A has a Rev., until first Exec. Int. is acted on.	No. Every Exec. Int. vests within 21 years after B's death. B can serve as the measuring life.
	& Rem to B's (or C's) issues as reach the age of 25 (where C dies before B). (9 & 10)		Issues (25+) have a Vest. Rem. & issues (25-) have Exec. Int. If none are of age, A has a Rev., until first Exec. Int. is acted on.	Yes. An Exec. Int. might vest more than 21 years after B's death, where B serves as the measuring life.*	No, if youngest issue at B's death is 4+ years old.
for so long as the land is preserved as open space...	(default). (5)	B has a Fee Simple Determ. and upon breach...	A has a Rev.	No. Grantor's or grantee's interests are vested.
	& Rem to C. (6)		C has an Exec. Int. Where C's Int. is unlawful, A has a Rev.
	&, separately, A grants all remaining interests to C. (7)		C has an Exec. Int. A has a Rev. &, if C dies before B, a PoRev.
	& Rem to C for life. (7)		C has an Exec. Int. A has a Rev. &, if C dies before B, a PoRev.
	& all A's interests to C.
*Court may change the age term to 21 to accommodate.

Future Interest & Perpetuities Problems
A grants Land to B...		Who holds land interests?		Cont. Rem. or Exec Int. in conflict with...
				RAP?	W&S?
for life.		B has a Life Estate and at B's death...	A has a Rev.	No. Grantor's Rev is inherently vested.
for so long as the land is preserved.		B has a Fee Sim. Det. and on breach...
for life...	then to C.	B has a Life Estate and at B's death...	C has a Vest. Rem.	No. C's Rem. is vested.
for so long as the land is preserved...		B has a Fee Sim. Det. and on breach...	C has an Exec. Int. A has a Rev., where C's Int. is invalid.	Yes. The Exec. Int. might vest more than 21 years after the measuring life expired.	No, if the Exec. Int. is acted on within RAP.

Race/Notice Problems

Non-Race Jurisdiction Problems
	Who owns Greenacre?
Facts	A grants Greenacre to B B does not record A grants Greenacre to C C records	A grants Greenacre to B B does not record A grants Greenacre to C B records C records
Owner	C owns Greenacre	B owns Greenacre
Explanation	In Race Jurisdiction, first to record owns property.

Race Jurisdiction (archaic) Problems
	Who owns Land?
Facts	A grants Land to B & B does not record				A attempts to grant Land to B, but the deed is not in the proper form A dies without mentioning Land in her will A's kin C seeks to claim Land
	A grants Land to C C records	A grants Land to C B records C records	A grants Land to C C has notice of    A's conveyance to B C records B records
Owner	C owns Land	B owns Land	C owns Land	B owns Land precariously	C owns Land
Rule	In Race Jurisdiction, first to record owns property.		Notice is irrelevant.	Until purchaser records, prior owner may sell property again.	Transfer requires a proper deed, absent one their is no transaction.