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United States V. Causby
''United States v. Causby'', 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina. Causby argued that the government's low-altitude flights entitled him to just compensation under the Takings Clause of the Fifth Amendment.Huebert, Jacob H. (2011-04-18Who Owns the Sky? Mises Institute The Court held that a taking had occurred and nullified the common law doctrine that ownership of property extended indefinitely upward. The court also affirmed that navigable airspace was public domain and held that flights which are so low and frequent as to be a direct and immediate interference with the enjoyment and use of real property constitute a taking. Much of the holding has been superseded by more recent cases and changes in the regulations relied upon. Background Thomas ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Griggs V
Griggs may refer to: Places *Griggs County, North Dakota, U.S. *Mount Griggs (also known as Knife Peak Volcano), Katmai range, Alaska, U.S. Other uses *Griggs (surname) *''Griggs v. Duke Power Co. ''Griggs v. Duke Power Co.'', 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1 ...
'' (1971), an employment discrimination lawsuit in the United States {{disambiguation ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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Takings Clause Case Law
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Aviation Law
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of ...
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1946 In United States Case Law
Events January * January 6 - The 1946 North Vietnamese parliamentary election, first general election ever in Vietnam is held. * January 7 – The Allies recognize the Austrian republic with its 1937 borders, and divide the country into four Allied-occupied Austria, occupation zones. * January 10 ** The first meeting of the United Nations is held, at Methodist Central Hall Westminster in London. ** ''Project Diana'' bounces radar waves off the Moon, measuring the exact distance between the Earth and the Moon, and proves that communication is possible between Earth and outer space, effectively opening the Space Age. * January 11 - Enver Hoxha declares the People's Republic of Albania, with himself as prime minister of Albania, prime minister. * January 16 – Charles de Gaulle resigns as head of the Provisional Government of the French Republic, French provisional government. * January 17 - The United Nations Security Council holds its first session, at Church House, Westmin ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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List Of United States Supreme Court Cases, Volume 328
This is a list of all the United States Supreme Court cases from volume 328 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 328 1946 in United States case law ...
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List Of Notable United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30, ...
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Energy Law
Energy laws govern the use and taxation of energy, both renewable energy, renewable and non-renewable energy, non-renewable. These laws are the primary authority, primary authorities (such as caselaw, statutes, rules, regulations and edicts) related to energy. In contrast, energy policy refers to the policy and politics of energy. Energy law includes the legal provision for oil, gasoline, and "extraction taxes." The practice of energy law includes contracts for siting, extraction, licenses for the acquisition and property law, ownership rights in oil and natural gas, gas both under the soil before discovery and after its rule of capture, capture, and adjudication regarding those rights. Renewable energy law International law There is a growing academic interest in international energy law, including continuing legal education seminars, treatises, law reviews, and graduate courses. In the same line, there has been growing interest on energy-specific issues and their partic ...
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Cuius Est Solum, Eius Est Usque Ad Coelum Et Ad Inferos
''Cuius est solum, eius est usque ad coelum et ad inferos'' (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ''ad coelum'' doctrine. In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings. In some jurisdictions, the ability to exploit minera ...
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Air Rights
Air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning, or renting, land or a building includes the right to use and build in the space above the land without interference by others. This legal concept is encoded in the Latin phrase ''Cuius est solum, eius est usque ad coelum et ad inferos'' ("''Whoever owns the soil, it is theirs up to Heaven and down to Hell''."), which appears in medieval Roman law and is credited to 13th-century glossator Accursius; it was notably popularized in common law in '' Commentaries on the Laws of England'' (1766) by William Blackstone; see origins of phrase for details. Air travel Property rights defined by points on the ground once extended indefinitely upward. This notion remained unchallenged before air travel became popular in the early 20th century. To promote air transport, legislators established a public easement for transit at high altitudes, regardless of real estate ownership. New ...
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