Property I Outline

PROPERTY OUTLINE

I. Intro to Property Rights
a. Mother’s owner owns newborn mule (fairness, time/$ invested)
b. Common law rules favor a single owner over joint ownership (easier)
c. Bundle of Rights
i. Right to exclude –fundamental, keep others from your property
ii. Right to use – you have the right to use/transform your land
iii. Right to alienate – right to sell/transfer your rights to someone else
Trespass can be:
– criminal act – going onto property w/out owner/ lessee permission
– civil law tort- valid c.o.a. to seek judicial relief; possibly damages
Rule: A trespass may be done by an entering of one’s domesticated animal.
– Most property law is state law issues.
– Replevin – court order to give someone back their property
– Finders- have superior rights over all but true owner
d. Blackstone on Property Rights: [property rights are absolute] e. Three Types of Property
i. 1) Real property – ex: land, fixed items (trees, etc)
ii. 2) Personal property – ex: non-fixed, like a mule
iii. 3) Intellectual prty – ex: copyrights, not directly tied to phys obj.
f. * POLICIES: Concerns of Fairness:
· Locke: Put forth Effort – should get Property rights
· Egalitarian ideal: Of proper distribution
· Natural rights: shouldn’t be too rich; too poor
· Contract: Property sets default rules
g. Efficient Notice and Resolution of Disputes [more clear= less lit] – patent law is less clear so more litigation
II. Right to Exclude
k. Jacque v. Steenberg Homes: (trailer deliv) nominals can support punitives
i. goes along w/ Blackstonian rules that rights are absolute
b. Liability Rule: P awarded fair market value to compensate (torts).
c. Property Rule: P entitled to injunctive relief (ex: get off land!)
d. State v. Shack –gov’t workers may ‘trespass’ to help migrant farmers
i. “Necessity, private/public, may justify entry upon another’s land.”
ii. Economics: Effective workers drive costs down, curing sickness good for public health, security could raise costs
e. Holdup (holdout) costs – holdup if only 2 parties negotiating, holdout if multiple parties and you’re the last to “holdout.” Prty rule leads to holdup
f. Property Rule: strict liability, trespasser doesn’t have to know they are trespassing; intentional tort in only that builder intended to build
i. General: property owner has no duty to warn people away from T
– No duty to inform of Trespass, Potential Implied License
III. Eminent Domain: right of gov’t to take private property for public use
i. Source of law: “sovereign power over all lands,” 5th Amendment:
– Must be for public use w/ just compensation
– Exs: public schools, roads (biggest), RRs, parks
b. Kelo v. New London- ok to use ED b/c economic devl’t is a ‘public use’
O’Connor Dissent: limit to blighted areas, shouldn’t allow uless
i. Future: states have limited by: no for econ devl’t, only recog public uses, only blighted areas, increase compensation
ii. Hawaii Housing v. Midkiff- transfer ok b/c oligopoly.
IV. Property Rights
a. Local 1330, Steel Workers v. U.S. Steel Co.- no prty rights, leave in good
i. Rumors of mill closings unless they became profitable.
– Property Interest in jobs theory of Ps (rejected, legis should decide)
o Property interests give you rights for future years, claimed based on long relationship b/w community and plant
b. Maj. Rule: Equitable distribution w/ divorce
i. post-divorce $ situation: craft fair distribution of community prty
c. Body as Property (US doesn’t allow prty interest over someone)
i. Monetary damages possible. Injunct rare (like nat’l security, etc.)
V. Patent Rights: default rule: 20 years
a. Req’ts: 1) New & useful invention; 2) File & prosecute patent application
b. Property rights in Patents: exclude others, and alienate, NOT use!!
i. Ex: DVD player has 100s of patents – make patent pool to share
– This is known as Blocking Rights (negative rights).
ii. General rule w/ inventions is anyone can use it unless it is patented.
c. Moore v. UCLA- no ‘conversion’ b/c no property rights in excised tissue
i. Conversion: Deprives ownership interest (exclude, use, transfer), akin to theft. Remedy = usually damages.
– Slippery slope – if tissue then kidneys, prostitution, etc.
– Ex: black market for kidneys If replenishable, may sell (blood, sperm). No: liver, crabs, eggs (Juno)
ii. Paternalism: Gov’t acts like dad, deter mistakes
VI. First-in-time Rules and Acquiring Property Interests
a. Usually clear winner/loser in property; policy: clear & simple rules
b. Pierson v. Post
i. Held: Pierson owns fox (wild animal), Post did not mortally wound
– Policy: court wants to encourage hunting of pesky foxes.
ii. Swift: whaling: first crew to harpoon whale gets, even if swooped
iii. Alternatives to first-in-time [policy considerations] – Whomever needs the property the most (but lack resources)
– Whomever put the most effort in obtaining the property
a. Effort rewarded, but unclear rules
– Whomever will use the property most effectively
Economist: if 2nd person will use it better, they’ll buy
– Government (no incentive if gov’t swoops property)
a. co’s have incentives for $ making ideas
c. Popov v. Hayashi – P had right to possession, splits proceeds w/ D
i. P caught Bonds’ 73rd baseball, mugged, lost ball D swooped.
ii. When ball goes over field it is abandoned, (similar to wild animals)
– Abandonment takes some action indicating abandonment
iii. Policy: discourage violence (but 1st catcher rule would reduce most)
d. Johnson v. M’Intosh- Indian