E3- CH 22 Environmental Law

Nuisance

A common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.

• Private- ex a neighbor sprays hog poo onto their crops and it goes onto your land/you

• Public- there are repeated breaches of peace- the gov. will step in to ask the courts to get them to stop.

Trespass

Wrongful invasion on property of another

Negligence for Property

Owners of property are Liable for those entering upon their who are then injured. Look to the status (and connection to the land) of person entering upon real estate.

Negligence of Trespasser

There is a duty of reasonable care owed when trespasser’s presence is known or landowner has reason to know of trespassers presence- Need to warn of known hidden dangers on property.

Attractive Nuisanse

Applies to children trespassers. Required elements

• artificial condition (trampoline, pool, old refrigerator that doesn’t open from inside)

• on your land/ that you know about/

• young children frequent the area/ a child gets injured that is TOO young to appreciate the danger

• AND landowner fails to take steps reasonably necessary to protect against trespassing children.

License

A non-trespasser who came onto land with or without invitation, but are not connected with business or the property.

• Ex- social guests or salesperson

• Must warn of dangers and to try to make conditions safe (duty of reasonable care)

Invitee

A non-trespasser who are entering upon land, usually invited, for business or for potential monetary benefit to owner.

• Someone walking into a grocery store

• Must warn of dangers and to try to make conditions safe (duty of reasonable care)

Dram Shop Act

An act under which a bar owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar, or who was already intoxicated when served.

Social Host Liability

Party hosts can be held liable when they do not act in a reasonable way in hosting a party where a visually intoxicated guest leaves & hurts a completely innocent person.

• Possible L$ to injuries to injured person

Eminent Domain

The power of a government to take land from private citizens for public use on the payment of JUST COMPENSATION.

• Public Use+ JUST compensation REQUIRED before gov. can take land (5th amendment) also used by gov. to condemn land.

Map Act

A federal regulation that aims to prevent deceptive or unfair advertising practices in the mortgage industry.

SUPERFUND (CERCLA)

Regulates the clean-up of disposal sites where hazardous waste is leaking into the environment. A special fund was created for this purpose.

• Comprehensive Environmental Response, Compensation, and Liability Act

• Strick joint & several Liability of “potentially responsive people”= current land owner, previous land owner, and transporter of the waste.

Innocent Landowners Defense

May protect a landowner who acquired the property after it was used for hazardous waste disposal.

• a defense for CERCLA- SUPERFUND

• Needs to show pre-purchase “due-diligence” environmental impact (done prior to purchase) & study came out clean.