Infringed upon by another land owner

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Reference no: EM132189045

The Big Thing: It is not unusual for a home owner or a business owner to think that they can do whatever they want on their own land. However, common law tort, statutes, agency law, and constitutional law can alter the rights of a land owner or possessor. The tort of nuisance has been used when a person loses the enjoyment of his or her land because the owner or possessor of a different parcel of land creates excessive noise, pollutes another’s land, or emits noxious fumes.

1. Find one article that discusses how one (or more) land owner believes his or her rights as a land owner have been infringed upon by another land owner. Examples include

a. Noise pollution (gravel pits, airports), environment pollution (chemical use, fracking), or noxious fumes (farms, chemical plants.) See search examples at the end of the assignment.

b. Alleged abuse of riparian rights, gas lease rights or oil lease rights.

c. Alleged violation of equal rights caused by covenant restrictions.

d. Additional search examples are listed at the bottom of the assignment.

2. Find a second article (for a total of 2 articles) that discusses how a government agency or court has addressed the basis for the conflict in the article. In other words, what, if anything, is the government doing about it? In place of an article, you can find information on an agency web site, legal blog, or other article that addresses this issue.

3. These are not insignificant problems. Use details to clearly explain the problem(s) and or conflict(s) that have arisen between neighbors or businesses.

a. Explain what legal actions have been, or could be taken by the neighbors that have suffered harm.

b. Explain what involvement the state or federal governments have had through courts, statutes, or agencies.

4. What is your opinion regarding the conflict? You may discuss how you think the conflict should be resolved (and why); or discuss whether you support the actions taken by the government agencies; or whether you believe a particular behavior is ethical or unethical; etc.

Search examples: noxious odors and chicken farm - or pig farm, or dairy farm; manure collection; hog industry and environmental racism; dicamba (pesticide); Agency for Toxic Substances and Disease Registry (ATSDR) complaints; Environmental Protection Agency (EPA) and drifting pesticides; fracking lawsuits; environmental nuisance law suits; excessive noise and gravel pits; wind farm lawsuits; you can replace lawsuits with controversies or blogs.

Reference no: EM132189045

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