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Home Port Doctrine
The Home Port Doctrine is a principle in United States admiralty law, United States maritime law that restricts state and local governments from imposing Property tax, property taxes on vessels engaged in interstate or foreign commerce, except in their designated Home port, home ports. This doctrine stems from the Commerce Clause of the Constitution of the United States, U.S. Constitution, which grants United States Congress, Congress the authority to regulate commerce with foreign nations. Constitutional foundation During the Constitutional Convention (United States), Constitutional Convention in 1787, delegates deliberated extensively on the federal government’s role in regulating commerce and the limitations on state powers. A significant concern was preventing individual states from enacting protectionist measures that could hinder national economic unity. The Commerce Clause was introduced to empower Congress to oversee interstate and foreign commerce, ensuring uniformity a ...
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United States Admiralty Law
Maritime law in the United States is a matter of federal law. Jurisdiction In the United States, the federal district courts have jurisdiction over all admiralty and maritime actions; see . When the U.S. Navy or Marine Corps is involved in an admiralty incident, the Secretary of the Navy has authority for administrative settlement and payment of claims involving the Department of the Navy. The Judge Advocate General processes admiralty claims for adjudication by the Secretary of the Navy, or the Secretary's designee, and acts as the principal liaison with Department of Justice for admiralty tort cases in litigation. The Navy Department may hold a Court of Inquiry or conduct other investigations into the incident, however this type of court conducts formal investigations and "is not a court as the term is commonly used today."
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Property Tax
A property tax (whose rate is expressed as a percentage or per mille, also called ''millage'') is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or Wealth tax, net wealth, taxes on the change of ownership of property through Inheritance tax, inheritance or Gift tax, gift and Financial transaction tax, taxes on financial and capital transactions" (see: ), but this article only covers taxes on realty. The tax is levied by the governing authority of the jurisdiction in which the property is located. This can be a national government, a federated state, a county or other Region, geographical region, or a Local government, municipality. Multiple jurisdictions may tax the same property. Often a property tax is levied on real estate. It may be imposed annually or at the time of a real estate transaction, such as in real estate transfer tax. This tax can be contrasted with a rent tax, which is based ...
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Home Port
A vessel's home port is the port at which it is based, which may not be the same as its port of registry shown on its registration documents and lettered on the stern of the ship's hull. In the cruise industry the term "home port" is also often used in reference to the port in which a ship will take on / change over the majority of its passengers while taking on stores, supplies and fuel. Navy In a navy A navy, naval force, military maritime fleet, war navy, or maritime force is the military branch, branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral z ..., a ship's ''home port'' is the port best suited to provide maintenance and restock weaponry particular to ships of that class and build. On conclusion of a tour of duty, a combat vessel returning to port will usually return to its ''home port''. A single home port also makes it easier for family to visit sailors Leave (militar ...
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Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ...
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United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ...
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Constitutional Convention (United States)
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. While the convention was initially intended to revise the league of states and devise the first system of federal government under the Articles of Confederation, leading proponents of the Constitutional Convention, including James Madison of Virginia and Alexander Hamilton of New York, sought to create a new frame of government rather than revise the existing one. Delegates elected George Washington of Virginia, former commanding general of the Continental Army in the American Revolutionary War and a proponent of a stronger national government, to serve as President of the convention. The convention ultimately debated and ratified the Constitution of the United States, making the convention one of the most significant events in American history. The convention took place in Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The convention was not referred to as a ...
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New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ...
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San Francisco
San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of 2024, San Francisco is the List of California cities by population, fourth-most populous city in the U.S. state of California and the List of United States cities by population, 17th-most populous in the United States. San Francisco has a land area of at the upper end of the San Francisco Peninsula and is the County statistics of the United States, fifth-most densely populated U.S. county. Among U.S. cities proper with over 250,000 residents, San Francisco is ranked first by per capita income and sixth by aggregate income as of 2023. San Francisco anchors the Metropolitan statistical area#United States, 13th-most populous metropolitan statistical area in the U.S., with almost 4.6 million residents in 2023. The larger San Francisco Bay Area ...
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Situs (law)
In law, the ; pronounced in English) of property is where the property is treated as being located for legal purposes. This may be important when determining which laws apply to the property, since the ''situs'' of an object determines the ''lex situs'', that is, the law applicable in the jurisdiction where the object is located, which may differ from the ''lex fori'', the law applicable in the jurisdiction where a legal action is brought. For example, real estate in England is subject to English law, real estate in Scotland is subject to Scottish law, and real estate in France is subject to French law. It can be essential to determine the ''situs'' of an object, and the ''lex situs'', because there are substantial differences between the laws in different jurisdictions governing, for example: whether property has been transferred effectively; what taxes apply (such as inheritance tax, estate tax, wealth tax, income tax and capital gains tax); and whether rules of intestacy or ...
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