Reference no: EM133192597

Case: When a person has ownership of a property, he or she has the right of possessing it, use it, or even dispose of it. A person can use it the way he or she wants. This is because of the ownership rights. When the government wants to take that property for public use, it can do so under the doctrine of eminent domain (Miller, 2021). However, to do that, the government will make just compensation to the owner of that property or land. Utilizing land for public use is pursuing the public interest. The local government should not take a person's property under any other circumstance. Condemning such property in order to sell it to real estate developers for private use is against the eminent domain doctrine (Miller, 2021).

This is because private interests are served instead of public interests. Essentially, a warranty deed protects the owner of the property against any defect in the ownership of that property. It protects the owner's interests in the property. In this regard, the warranty deed that Shoepke received when he purchased a home in Maine protected his property from any defect. He has the right of possessing it and using it the way he wants. The government has no power to take it and sell it to real-estate developers. Such an attempt would be unlawful. It would undermine the people's liberty. Once Shoepke leases his property to a tenant, he has no authority over how the tenant uses the property. The tenant has the right to use the land. It is a landlord's duty not to disturb the tenants as they use the property (Miller, 2021).

Disturbing them is curtailing the enjoyment of the property they have leased. Nonetheless, the tenant has an obligation of keeping the leased property in a habitable situation (Miller, 2021). With this, Shoepke can hold Slater financially responsible for the damage to his property.