Federalism As A Core Concept Of Federalism

Trespass is defined as entering “private property without the owner's permission or entering portions of the public property that are off limits to the public,” and could result in being held liable for “civil or criminal trespass” (Digital Media Law Project, 2008). “Trespass to chattels is a tort whereby one party intentionally interferes or intentionally intermeddles with another person's lawful possession of a chattel” (Trespass to Chattels, 2016). Actual damage has to be shown in order to action. It is stated that “interference can be any physical contact with the chattel or by dispossession of the chattel by taking it, destroying it, or barring the owner's access to it” (Trespass to Chattels, 2016). These definitions

“The powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The purpose of the tenth Amendment is to define the division of power between the federal government and state governments.

Under the case of Hare v van Brugge [2013] NSWCA 74, the court had ruled that the dominant party (Van Brugge ) had the right under the clause “to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any such part thereof” without the rights being dictated by the servant party. Under this context it can be said that you have the right according to your easement too allow any person that is allowed to enter your property too “go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement”. This means the use the inclinator is for the use of the dominant party until a breach of this easement

The Federalist argument is one that is defined by a strong central government. Some federalists included Alexander Hamilton, James Madison, and John Jay. These people were also the authors of the famous “Federalist Papers”, they wrote under the name “Publius”. These essays explored different aspects of federalist ideas about government. Some of their most famous works were Federalist Papers #51 and #10. In these, Hamilton explored the nature of man from their natural “ambitions” to the formation of “factions” (Federalist Paper #51, #10). These two papers focused on suggesting a means of controlling these things, including checks and balances and political parties. These papers were created very much in the line of federalist thinking. Federalist

obtaining land for public use, but was to prevent harm to the public. The Court

§ 75.007. TRESPASSERS. (a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.

As the lawyer for the development, my constitutional and public policy arguments would be to enlighten the resident in the small town on the number of jobs coming to the area, the economic growth to the town and the economy. I would also educate the residents on the laws that govern land use, the taking of property for public use, and compensating residents for the taking of their property. Moreover, I would educate the residents on the government’s authority to obtain control of private property, known as eminent domain. The taking clause of the Fifth Amendment has become a conflict on persons opposed to public restrictions on property, especially laws regulating land use.

“A trespass occurs and liability is imposed with any intentional invasion of an individual’s right to the exclusive use of his or her own property.” (McAdams, 2009)

One reason cited as to why landowner’s close their lands is that the owner’s aren’t allowed to impose any rules on their land, as stated within the requirements of the MFL. Although some might try to create and enforce rules that are discriminatory or limit the public’s right to recreation on the open lands, one solution might be to allow certain rules to be made by landowners as long as these rules are deemed appropriate by the DNR or the landowner’s municipality. Other solutions could include providing more monetary incentives for open lands or further modification of the Managed Forest Law that would decrease the amount of land an MFL landowner can close to the public or making it a requirement that only one person whose name is one the deed of private land may enroll the land within the MFL

1. Trespass to land is an “unjustified, direct interference” with land possessed by another, which is actionable without proof of actual damage . ‘Land’ refers the surface of the earth, the subsoil and airspace as far as is necessary for ordinary use , and anything fixed to the surface . An intentional or negligent act is necessary to sue in trespass, and all actions discussed below regarding trespass meet these criteria.

The interference must be with ‘land’, defined as either to buildings, the subsoil or the airspace of the plaintiff. Stark walking up the garden path at the side of the house constitutes an interference with ‘land’ (subsoil).

Eminent Domain applies under the sense of “public use”. In order for the benefit of the public. Some cases can be in order to create a new highway or a bridge in a neighboring area, the government is allowed to seize the properties in the area and provide compensation in order to do so. Another scenario can be removing properties that tarnish the look of communities,

359). The government does have the right to take Martin’s beach property, however in closer examination the question becomes if this scenario constitutes public purpose. In Kelo et al., v. City of New London, the Supreme Court of the United States expanded the abilities of government’s use of eminent domain by relaxing the requirement of public use. The Court determined that the government could take property to promote economic development. The Court went on to say that the ruling sets the Federal baseline, and does not preclude States from placing stricter requirements to limit the power of the government regarding eminent domain (Kubasek, et al, 2015, p. 360). To date, North Carolina has not successfully passed a law that would limit the standard set by the Supreme Court. The North Carolina House voted in February 2015 and overwhelmingly passed a bill that would limit the power of eminent domain to public use. The proposed amendment, according to ballotpedia.org, would add a Section 19.1 to Article I of the North Carolina Constitution, and could be seen on the ballot in 2016 (2015). A course of action for Martin given the current status of the law is to contest the taking of his property, and aim to come to an agreement with the local government that would give him more than

The act provides a new right of public access on foot to areas of open land comprising mountain, moor, health, down and registered common land, and contains provisions of extending the right to coastal land. This act also provides safeguards which take into account the needs of landowners and occupiers, and of other interests, including wildlife.

[R] The first is a trespasser. A trespasser is one who enters the land of another without the consent of the owner. The only duty a landowner owes a trespasser is to not willfully or wantonly injure the trespasser. Sanders v. Perfecting Church, 303 Mich.App. 1,4, 840 N.W.2d 401, 404 (2013). [R] The second status is a licensee. A licensee is a person, such as a social guest, that has the landowner’s permission to enter the land. Id. at 4, 840 N.W.2d at 404.The duty a landowner has to a licensee is to warn the licensee of any hidden dangers that the landowner is aware or should have awareness of, if the danger is not open or obvious. Id. at 5, 840 N.W. 2d at 404. “Social guests are licensees who assume the ordinary risks associated with their visit.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 592, 614 N.W.2d 88,91-92 (2000). [R]The last status of those entering the property of another is a business invitee. Because of the business context, the landowner has an additional duty that extends beyond that of the duty to a licensee. The landowner has an obligation to inspect the premises as to any dangers and, if