Property Cheslik Fall 2016
Acquisition of Property Rights –
1st Acquisition
Acquisition by CAPTURE
Occupancy
Rules:
First to have occupancy has rights over others. (Pierson v. Post)
Property rights in wild animals is acquired by occupancy only. (Pierson v. Post)
Occupancy is actual corporal possession. (Pierson v. Post)
Pursuit alone does not give you occupancy. (Pierson v. Post)
Property rights are relative.
Policies:
Peace policy – to cut down on quarrels and not create litigation; prevents stealing.
Clarity of the law.
Rewards land owner.
Reward wealthy/powerful
Rewards success
Create capital.
John Locke’s Labor theory of property – reward labor.
Cases:
Pierson v. Post – Hunter who chases fox with dogs and hounds does not have occupancy over another hunter who mortally wounds and carries away fox.
Popov v. Hayashi – Possession split.
Customary Practices
Rules:
If a person does all that is possible to make a wild animal his own, he has rights above others.
Customary practices dictate rights of possession.
Property is not abandoned if it is customary to “leave and come back later”.
Policies:
Hard work should be rewarded.
Cases:
Ghen* v. Rich – Whale hunter has rights above all others even though he did not stay with whale after it sank and followed custom by bomb-lacing it.
Occupation
Rules:
One cannot intentionally hinder another in his trade or livelihood by interfering with the other’s property.
Policies:
Investment and innovation are to be rewarded.
Fair competition should be promoted.
Better yourself instead of trying to destroy others.
Cases:
Keeble* v. Hickeringill – Landowner wins damages from gun yielding neighbor who tried to damage landowner’s business by scaring away wild animals.
Acquisition by CREATION
Copyrights & Patents
Rules:
Copyright law protect creative works original to the author.
Copyright infringement requires 2 elements be proven: 1) ownership of a valid copyright and 2) copying of constituent elements of the work that are original.
Piggybacking off a competitor’s hard work is unfair competition.
“Quasi property rights” depends on if
in business for profit
competitors
labor by first
timeliness
17 U.S.C. § 101 does not afford protection from copying a collection of facts that are selected, coordinated, and arranged in a way that utterly lacks originality.
An original author has the right to first publish even if the matter is of high public concern.
35 U.S.C. § 101: Whoever invents or discovers any new or useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
New minerals, new plants, and law of gravity are not patentable.
Policies:
Do not create disincentives to innovation/work.
Promote competition.
Copyright objective is to promote the progress of science and useful arts.
Protect property rights for a limited time (copyright) and for a limited scope.
Legislature / Congress makes the law; Courts get to interpret them but should not be making a new law.
Cases:
International New Service v. Associated Press* – taking news posted by AP’s board and republishing it immediately is unfair competition.
Feist Publications, Inc.* v. Rural Telephone Service Co. – organ
oval must be for the well-being of persons on the land.
Directing successors with an interest in your land to do something against public policy could make your request void, even if you could have destroyed the property yourself while you were living.
Policies:
Peacefulness
Well-being and destiny of people is a paramount concern of a system of law.
Promote property value
No place for vengeance in a civilized society.
Cases:
Jacque* v. Steenberg Homes, Inc – Jacque awarded nominal ($1) and punitive ($100K) damages when Steenberg delivers mobile home using path through Jacque’s property even after Jacque told him he couldn’t.
State* v. Shack – Migrant camp operator cannot refuse entry onto land by federal agents who are there for well-being of migrant workers.
Eyerman v. Mercantile Trust Co.* – dead woman’s request to burn her house down is not honored by court.
Abandoned Land
Rules:
To legally abandon real property, the owner must successfully divert himself of all right, title, claim, or possession of the land.
Doctrine of abandonment does not apply to perfect titles, only imperfect titles.
Policies:
All land should be occupied so that taxes can be paid on it.
Cases:
Ponoco Springs Civic Association, Inc.* v. Mackenzie – Mackenzie could not abandon property since there was a perfect title so they are still responsible for HOA dues.
