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p>Elaine Dobson, property partner at Bircham Dyson Bell LLP welcomes the Governments plans to make squatting a criminal offence. Under English law squ...
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Medicare shuffle
Re "Budget courage in short supply," editorial, Aug. 12: I share the public outrage against the folly of Washington. Considering fraud's definition - deception causing a person to give up property or rights - we can claim the American public is being taken for a ride by a dishonest national government.
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As a step toward improving and converging the existing lease-accounting standards, the Financial Accounting Standards Board and the International Accounting Standards Board recently issued a discussion paper titled "Leases: Preliminary Views" in which the Boards jointly propose several elements of a new model for lease accounting. This month's column will explain the key elements of the Boards' proposal and the potential impact of those elements on entities that must account for leases. The key elements of the Boards' proposal are: 1. the elimination of the finance/operating lease distinction, and 2. a requirement to represent all leases on the lessee's balance sheet through a combination of an asset and a liability. Specifically, they have concluded that a lessee's right to use leased ...
...) conveys to the lessee the right to use property legally owned by the lessor and (2) obligates the ... right to use leased property meets the definition of an asset, much as other rights that are commonl...
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This Article examines the definition of water rights in western water law and explores the relationship between that definition and the inefficiencies of the current doctrinal regime, as well as the current system's inability to accommodate increasingly valued instream uses. In doing so, the Article first flushes out a theoretical framework for analyzing the compositional choices of property right regimes, from usufructory to quantity-measured rights. The compositional definition of a property right has significant implications for the behavior of the rights, particularly in the transition between initial allocation and efficient equilibrium of existing entitlements. The Article then applies this framework to western water law and challenges the traditional conception of appropriative w...
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... patent law has operated on the premisethat rights in an invention belong to the inventor. Thequesti... 31,1790).3 Although much in intellectual property law has changedin the 220 years since the first Pa... centuries of patent law in a statutory definition.It also renders the phrase "of the contractor" sup...
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... existing rights determination and the definition that it must use, based upon which paragraph of ? ...(1) Requirements for property rights demonstration. You must provide a property ...
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[Kelo] further muddied the long-standing debate over the definition and scope of property rights. The Fifth and Fourteenth amendments to the U.S. Constitution prohibit any government from depriving citizens of "life, liberty and property" without due process, and the Fifth Amendment further states that "private property [cannot] be taken for public use, without just compensation" (often referred to as the "takings" clause). The interpretation of this language was left to future generations: As with the rest of the Bill of Rights, the Framers wisely chose not to get into specifics, which would have required a book-length treatise on each sentence and left huge gaps from societal changes they could never have anticipated.
Yet these are not the kinds of issues that have inspired the majori...
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State and local governments provided nearly all the government services the citizens needed, wanted, or merely endured: definition and enforcement of private property rights; construction and maintenance of roads, streets, sewers, water-supply systems, bridges, canals, and most other economic infrastructure; provision of most schools and some universities; regulation of many economic activities and much personal behavior; and so forth. [...] the welter of relief, subsidy, bailout, and other programs that the New Dealers brought forth in constantly changing configurations, in the hope (very successfully realized, especially in 1936) of buying votes, also contributed to the creation of uncertainties about the future security of private property rights, which impeded economic recovery-ano...
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It now appears unlikely that legislators will reach a compromise on the split-estate issue this session. That leaves energy companies that own subsurface mineral rights and private parties who own the surface land -- that is what's meant by a "split estate" -- languishing in limbo, at a time when a regional drilling boom is increasing tensions between the two groups.
There still could be a related measure on the ballot in November, but it, almost by definition, will offer a one-sided "solution" that strengthens the rights of surface property owners by weakening the rights of subsurface owners. This is one issue that requires a nuanced approach, however, unless we want to do serious damage to property rights overall. It shouldn't be resolved by the crude appeals to emotion that settle mo...
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The imperative to protect the rights of property owners is something the founding generation of Americans understood. They understood it as a moral value and as an economic necessity for any nation that sought to be strong, free and prosperous.
The founders also understood that the definition of property, and the attendant rights, could not be limited to those tangible things such as currency, livestock, homes, manufactured goods or any other things that individuals might own. Creations of the mind and imagination - music, art, literature, scientific discovery and inventions - were the hallmarks of a free and growing society, were property and had to be protected.