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When you maintain a property that is not yours for more than 7 years is it eminent domain?
Wiki User
∙ 11y ago
Yes.
No. I think you're referring to imminent domain, the right of the state to obtain private property for public use.
Depending on the state in which the property is located, you should investigate homesteading laws which govern the ownership of unclaimed land.
Wiki User
∙ 11y ago
No, maintaining a property that is not yours for more than 7 years does not automatically result in eminent domain. Eminent domain is a legal process through which the government can take private property for public use, provided that they provide just compensation to the owner. Simply maintaining a property does not grant ownership or rights under eminent domain laws.
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Squatters rights in NY state?
In New York, squatters cannot gain legal ownership of a property through adverse possession because the state does not recognize adverse possession for residential properties. However, squatters can still be subject to eviction through legal proceedings. If a property owner wants to remove a squatter, they must go through the formal eviction process.
Regarding squatter's rights who has the right to property that has been maintained for years in a foreclosure sale?
In a foreclosure sale, the property would typically be sold to satisfy the debt owed to the lender. The previous owner, including squatters, generally do not have a legal claim to the property if they do not hold title or a valid lease agreement. The new owner from the foreclosure sale would have the rights to the property.
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Producers must maintain records related to policy replacements in life insurance policies for a minimum of 5 years from the completion of the replacement transaction.
What is the penalty in Kansas for not paying the property tax for 2 years?
In Kansas, failure to pay property taxes for 2 years can result in the property being subject to a tax sale. The county can initiate legal proceedings to sell the property at auction to recoup the unpaid taxes, interest, and penalties. Additionally, the property owner may incur additional fees and costs associated with the tax sale process.
What is the term when you have mantianed property for fifteen years or more?
I think it falls under the common law of eminent domain.
We've had use of an easement in front of our property for eighteen years city now wants to widen the road so is there any way to protest this or are we just out the area we've been using?
The state or town has an absolute right to take private property for public use. That right is called EMINENT DOMAIN. It is derived from an ancient concept that all land belongs to the king and the king can take it back. In most cases the property owner's protest or consent is immaterial. Taking by eminent domain is used routinely to widen and relocate roads. The taking may be in fee or may be only a taking of easement rights. The property owner should receive a fair compensation for the land so taken. You may protest the taking but it is unlikely that you would succeed in halting the highway project.
Can a power utility run distribution lines over my property without an easement agreement?
Generally, no, unless the rights were taken by eminent domain. However, it may have acquired easement rights many years ago. If no easement rights are recited in your deed that does not mean there are no easement rights. Ancient easements are often dropped from property descriptions especially when the current configuration was derived from a much larger tract in the past. Ancient utility easements and takings would be revealed by a comprehensive title examination.
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This is a domain name on the internet. Most domain names are rented for 1 to 10 years.
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Antarctica is a continent and is in no eminent danger of becoming water -- ever.
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Can someone resist if the government wants his or her property?
This is a very broad topic with thousands of cases that cover a broad spectrum of decisions. A person can certainly hire an attorney to represent them against an eminent domain taking, however, over the last several years many courts have decided against the property owners going so far as to take perfectly good and desirable private property and hand it over to private commercial developers. Some states have been much worse than others in the confiscation of private property for commercial development. Some states have stricter laws that govern such takings and provide greater protection for the property owner. The success and ease of the taking can depend on the purpose. The takings that are most difficult to fight are those for such purposes as road alterations, utility lines, schools and parks. In those cases the property owner can bring suit to obtain a larger monetary award for their land, however, the takings will prevail.
Which amendment of the Constitution protects the property rights of individuals?
The Fourth and Fifth Amendments of the United States Constitution protect us against illegal search and seizure and against the taking of private property. You can read all about it at the link provided below.FOURTH AMENDMENT-SEARCH AND SEIZUREThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.FROM THE Fifth Amendment-RIGHTS OF PERSONSEminent Domain Power"The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation.' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power."Eminent domain "appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty." In the early years of the nation the federal power of eminent domain lay dormant, and it was not until 1876 that its existence was recognized by the Supreme Court. In Kohl v. United States any doubts were laid to rest, as the Court affirmed that the power was as necessary to the existence of the National Government as it was to the existence of any State. The federal power of eminent domain is, of course, limited by the grants of power in the Constitution, so that property may only be taken for the effectuation of a granted power, but once this is conceded the ambit of national powers is so wide-ranging that vast numbers of objects may be effected. This prerogative of the National Government can neither be enlarged nor diminished by a State. Whenever lands in a State are needed for a public purpose, Congress may authorize that they be taken, either by proceedings in the courts of the State, with its consent, or by proceedings in the courts of the United States, with or without any consent or concurrent act of the State.
Which amendment protects the property rights of individuals?
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Issues 1911-1922 are in the public domain; later issues are protected for 95 years from publication.
Property rights have a positive effect in a market economy because they encourage owners to maintain their property. Is this statement true or false?
This used to be true and may still be true in some areas. However, in recent years people who have not traditionallybeen property owners acquired property they couldn't afford to pay for. Many of them knew their time would run out and they let the property become run down while they lived in it. Many of them had no idea that it was their responsibility to maintain their property. They didn't own rakes, lawnmowers or snow shovels and continued to live as they did in their housing projects and apartment complexes. That phenomenon has resulted in the decline of many formerly well-kept residential neighborhoods in cities and towns.
