26 Jun Real Estate Law W5_dq1 And Dq2
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Discussion Question 1: Adverse Possession vs. Eminent Domain
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This discussion question touches on issues with government involvement and/or interference with private individuals’ interests in real property. After reviewing assigned course materials and conducting brief research on any pertinent laws in your jurisdiction, answer the following question.
In its controversial landmark decision of Kelo v. New London 125 S. Ct. 2655 (2005), the US Supreme Court ruled that the city was within its rights to transfer property from homeowners to private developers to build a hotel, condominiums, and an industrial park.
Adverse possession is an involuntary alienation that transfers property to another when certain statutory requirements have been met. Adverse Possession is a creature of statute, and each state has its own statute. See Colorado’s in Concord Corp. v. Huff, 144 Colo. 72, 355 P.2d 73 (1960).
In your opinion, is adverse possession different from eminent domain? If so, do explain? Do they accomplish the same result, if so how? The two cases above will provide a good basis to start your analysis.
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Discussion Question 2: Public Infrastructure: Costs and Developers
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This discussion question touches on issues with government involvement and/or interference with private individuals’ interests in real property. After reviewing assigned course materials and conducting brief research on any pertinent laws in your jurisdiction, answer the following question.
Should municipalities require real estate developers to absorb the infrastructure costs involved in new development such as installing sewer trunk lines and storm water controls? What is your opinion? Support your opinion with examples.
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