ARE 306 Final
Consider the following scenario: T. E. Lawrence is the owner of a 100-acre tract of land on the outskirts of Raleigh that contains unique natural features. He is approached by the Triangle Land Conservancy with an offer to purchase Rocky's development rights in return for a cash payment. According to a certified appraiser, the highest value of Lawrence's land - i.e. the price he could demand if he chose to sell for a subdivision of residential development - is $2,500,000 (or $25,000 per acre). Also according to the same appraiser, if Lawrence were to sell his development rights to Triangle Land Conservancy and place a permanent conservation easement on his tract of land, his 100 acres would then be worth $500,000 (or $5000 per acre). What is the raw value of Lawrence's development rights?
$2,000,000
These facts in #1 are repeated from previous question, with a new fact added (#2) (1) Facts same as previous question: Tywin Lannister owns a 21 acre tract of land he wishes to divide among his three beloved children, Jamie, Cersei and Tyrion. The land is currently enrolled in North Carolina's Present Use Value property tax system as agricultural land, used as hay pasture rented to a local farmer. Tywin hires a surveyor to create three parcels equal in acreage, gets approval for the survey plat and records it, and then executes a deed to each child and records the three deeds. (2) New Facts: The highest appraised value for the 21 acre tract was $200,000, with its Present Use Value appraisal at $50,000. The tax rate for the county is 0.0062, and the county imposes an interest rate of 6% on total overdue taxes. The 21 acre tract has been enrolled in the PUV program for 10 years. Assume that the new parcels do not increase in value due to the subdivision. Assume that, as a result of this gift, the three parcels have lost their qualification for the Present Use Value program. Question: What tax amount will Jamie, Cersei and Tyrion each owe when their property tax bill arrives?HINT: Refer to N.C.G.S. § 105-277.4(c) to assist you with your answer.
$413, which represents the tax rate applied at full value for the current year
Which below is not true of a Bona Fide Farm in North Carolina?
A Bona Fide Farm, though recognized as such by the county, is still required to comply with state building code requirements for improvements to structures on his or her property
North Carolina's Present Use Value (PUV) property tax program encourages farm and forest use by offering 'relief' to qualified landowners by requiring counties to value certain property according to its farming or forest use, rather than its 'highest and best' use (ie. highest market value). What below is not true of the PUV program?
A landowner may discontinue a parcel's qualifications for the program without financial consequence
Consider the following facts: Tywin Lannister owns a 21 acre tract of land in Wayne County he wishes to divide among his three beloved children, Jamie, Cersei and Tyrion. The land is currently enrolled in North Carolina's Present Use Value property tax system as agricultural land (see N.C.G.S. §. Tywin hires a surveyor to create three parcels equal in acreage, gets approval for the survey plat and records it, and then executes a deed to each child and records the three deeds. The highest appraised value - established by the Wayne County's staff appraiser - for the 21 acre tract is $200,000, with a Present Use Value (deferred) appraisal value at $50,000. The tax rate for the county is 0.0062, applied to the land value to determine the annual property tax. The 21 acre tract has been enrolled in the PUV program for 10 years. Question One: Based on what you know of North Carolina's PUV statute, what is the property tax status result of this gift?
ANSWER
Continuing same facts as before. Additional fact: assume that the partnership had not purchased a liability policy prior to Alex's accident. At trial, the jury returns a verdict for $3,000,000 to the plaintiff, finding that Alex was negligent in his handling of the Farmall 140 out on the highway. Question: What is the exposure of Neil and Geddy to this judgement?
ANSWER
Remy owns a tract of land in Beaufort County, upon which lie some water-absorbing wetlands known as pocosins, which are non alluvial wetlands (i.e. are not fed by a river or stream) and support dense vegetation. He wishes to clear the pocosins of their vegetation so he can level off the ground to plant soybean. Emile, his down-drainage neighbor and a professional hydrologist, is concerned about losing the pocosins' storm water storage capacity, so he reports Remy to the Army Corps of Engineers (ACE) Wilmington office. He also calls the Water Quality Division of North Carolina Department of Environmental Quality. Under current federal law, what is likely response of the ACE?
ANSWER
Pursuant to the Commerce Clause, the United States Congress has the power to regulate what?
All of these
To protect North Carolina dairies from terrible milk prices nationwide, the North Carolina legislature passes a law requiring all retail sellers of milk located in North Carolina to only buy from North Carolina producers if the national average price of milk falls below a certain price level
DORMANT COMMERCE CLAUSE
Consider the following future fact pattern to answer the question below and the two following. John Paul Jones (Jones) a farmer in Perquimmans County, NC, has expanded his farm operation and is seeking additional land to lease for farming. He approaches Robert Plant (Plant), a nearby landowner, and requests a five (5) year lease to farm the land, to which Plant agrees. Jones and Plant sign the lease, which terminates on December 31, 2025. The lease states that it may not be renewed without express agreement. They also sign a memorandum of lease, but Jones forgets to record the document with the Register of Deeds, and accidentally shreds it during some office cleaning. On December 5, 2023, Plant sells his land to Jimmy Page (Page). On December 10, 2023 another local farmer, John Bonham (Bonham) approaches Page and offers him $10 more per acre in rent than what Jones is paying. Page informs Jones on December 11 that he must vacate the farm by December 31, 2023. All things considered, how long may Jones stay on the land, and why? (choose best answer below) (Hint: Even if the lease may not apply to Plant, isn't Jones still an agricultural tenant?)
December 31, 2023, because his tenancy was voided when he failed to record the memorandum of lease.
Assume same facts as previous question where Arthur and Molly and Fred have all died, except now in their will substitute "per capita" with "per stirpes." Who owns Shell Cottage?
George and Fred's two children
Continue with Weasley facts. Arthur has lost his government job, and has not done well managing the family's savings to the effect that this liabilities far exceed the family's assets. Creditors are calling, and though he's been paying the Cedar Island Bank loan payments, he has not paid his friend Lupin in four months, so Lupin has filed a foreclosure petition with Hyde County Superior Court to sell Shell Cottage according to such power granted by the Deed of Trust, which - you recall - he filed in Hyde County Register of Deeds. Arthur needs creditors to stop, it's too stressful, so another friend suggests he declare bankruptcy. How does Arthur declare bankruptcy?
He electronically files a bankruptcy petition with the federal Bankruptcy Court for the Eastern District of North Carolina
Continue facts from previous question. Assume that if Army Corps of Engineers demurs on its jurisdiction, what happens next?
If North Carolina has a statute protecting state waters and wetlands not included as waters of the United States, DEQ may regulate Remy's activity according to any granted authorit
Continue same fact patters with Jones, Plant, Page and Bonham. Here, Plant does not buy the land. However, Bonham has approached Plant with an offer of higher rent if he can get on the land in time to plant a crop. Plant informs Jones, on October 10, 2023, that he must vacate by December 31, 2023. What happens?
Jones can stay, he has another two years left on his written lease between him and Plant
Under the same scenario of the previous question, TLC can only muster sufficient grant funds to pay cash on 65% of the value of the development rights. If Lawrence chooses to proceed with the placing of the permanent conservation easement on his property, what is the result?
Lawrence may take a federal tax deduction for 35% percent of the value of the development rights
Consider these facts. Arthur Weasley and Molly Weasley have seven children, among them Fred and George (twins). Arthur inherited a beach house on Ocracoke Island, NC called Shell Cottage. During their marriage, Arthur executed a deed from "Arthur Weasley, Grantor" to "Arthur Weasley and spouse, Molly Weasley, Grantee, as tenants by the entirety". In their identical wills, Arthur and Molly declare as follows: I devise Shell Cottage to my spouse, and if I am predeceased by my spouse, I devise Shell Cottage to Fred Weasley and George Weasley, per capita. Fred has two children, but dies before Arthur, Molly and George. If Arthur dies next, who owns Shell Cottage?
Molly
Continue with the facts of the previous question. Assume that you granted Chatham County's motion. Pink now re-files his complaint as a member of the North Carolina Farm Bureau Federation, which joins him as a co-plaintiff. Chatham County again files a motion to dismiss. As judge, how do you rule?
Motion granted, unless Farm Bureau can prove that it has members who are poultry farmers in Chatham County
Consider this hypothetical: The Chatham County Board of Commissioners recently passed a zoning ordinance that requires all new poultry houses be built behind a tree buffer when within 2000 feet of a residence on an adjoining parcel. Assume that North Carolina statutory law is silent on this subject Pink Floyd, a local row crop producer who does not produce chickens, is upset about the overreach of such an ordinance and its potential impact on farming, and files for an injunction against the ordinance on the basis that Chatham County lacks the authority under state law to issue such an ordinance. Chatham County files a motion to dismiss. You are the Chatham County Superior Court judge assigned to the case, how will you rule and why?
Motion to dismiss granted, because Chatham County is merely exercising its police power to protect the health and welfare of the community
RIGHT TO QUIET ENJOYMENT
NUISANCE
Still with Arthur Weasley. Let's assume Arthur figured out the right way to declare bankruptcy. Who below may continue to pursue collection of their debt?
No one, because under the federal bankruptcy code all collection activity must cease without exception
Same basic facts as previous question. Additional fact(s): Geddy will not let Alex drive his tractors (remember, he only leases them to the partnership), so Alex decides that Permanent Waves Farm needs another tractor that he can learn to drive. In his exuberance, Alex drives over to James River Equipment and, after telling the sales representative all about the new partnership and that he is buying a tractor for the partnership, Alex tells the sales representative he wants to buy that last John Deere 6430 out front (the only one remaining on the lot) listed at $80,000. The sales rep offers the tractor to the partnership for $70,000, and Alex accepts with a handshake. Alex leaves the dealer before signing the purchase order, promising to return tomorrow with a deposit, but instead takes a road trip down to Florida. The sales rep tracks down Geddy and Neil, demanding the partnership purchase the tractor at the agreed price. Question: May James River Equipment sue and force the partnership purchase the tractor?
No, because Alex made a verbal agreement with the sales rep to purchase a good in excess of $500
Pete owns Baba O'Reilly Farm, a permitted swine operation in Bladen County. Pete is sued by Roger, his neighbor, for nuisance. The judge in the case dismisses Pete's primary defense, North Carolina's Right to Farm statute, and allows the case to continue, resulting in a nuisance verdict against Pete. Pete timely files an appeal of the case to the North Carolina Court of Appeals. At trial, Roger introduced no evidence of Pete's waste management technology, nor did Pete raise use of waste management technology as a defense. The trial judge - the Honorable Keith Moon - issues a jury instruction that makes no mention of waste management technology in his charge to the jury to determine the reasonableness of Pete's farming activity. Following the verdict, Pete enters a cooperative agreement with Smithfield and Duke Energy to install a methane digester over his hog lagoon, which may reduce odor, the foundation of Roger's nuisance complaint. In his appellate brief, Pete argues that Judge Moon committed error by not charging the jury to consider his use of waste management technology, and argues in his brief that his new technology is shown to reduce odor. Will the appeals court consider this assertion of error?
No, because this issue was not raised at trial, and the appeals court is limited to reviewing the trial record for legal error
Rosie Cotton owns 300 acres in Ashe County, North Carolina that she inherited from her father. She marries Samwise Gamgee upon his return from a long journey, and they eventually have thirteen children. Consider this scenario: Rosie and Samwise execute separate wills. Rosie's will states: "I bequeath and devise all of my property to my beloved husband. If I am predeceased by my husband, I bequeath and devise all of my property to my children, per stirpes. Samwise predeceases Rosie. Some years later Rosie remarries an aging Peregrine Took. She never executes a new will, and dies survived by her new husband and all of her children. Her will is accepted into probate, its validity unchallenged. Who gets the farm under Rosie's will in this scenario?
Peregrine Took gets all of her property including the farm
Repeat basic facts of previous question, including the late marriage to Peregrine Took. Now, for this question only, it turns out that when Rosie and Samwise executed their wills, they had two witnesses also sign the wills, but no notary public to affirm the signatures. After Rosie's death, Eleanor the Fair, oldest of Rosie and Samwise's thirteen children, mounts a successful challenge to Rosie's will, and it is declared void by the court. No other wills are found. Reviewing N.C.G.S. §29-14(a), who takes the farmland in this scenario? (copy the citation into Google)
Peregrine Took: 33.33% undivided interest in the land Each child 5.12% undivided interest in the land
RIGHT TO USE WATER
RIPARIAN
Still with Arthur and Molly Weasley, who still own Shell Cottage on Ocracoke. Arthur and Molly, in need of some cash to continue paying tuition at Hogwarts College, apply to Cedar Island Bank for a loan, and offer Shell Cottage as collateral for the loan. The bank appraises Shell Cottage at $300,000, and makes a loan to the Weasley's for $150,000. The Weasley's execute a promissory note and a Deed of Trust (with power of sale in event of default on the loan) to Cedar Island Bank. A week later, the Weasley's accept a loan offer for $50,000 from a local friend, Remus Lupin, who is also granted and Deed of Trust (with a power of sale). Unfortunately, the mail boat with Cedar Island Bank's executed Deed of Trust sinks in Pamlico Sound on the way to the Hyde County Register of Deeds located in Swan Quarter, NC (no one dies, but the mail is lost!). Lupin, distracted by a full moon tide, waits about a week, then takes his deed of trust over to Swan Quarter on the ferry, and records the Deed of Trust with the Hyde County Register of Deeds. The bank will only discover later, as we shall see, that they never followed up to get a new Deed of Trust executed. Which lender has perfected their lien on Shell Cottage?
Remus Lupin, because he recorded his Deed of Trust
Consider this fact scenario: Gamora and Nebula, the legally adopted daughters of Thanos, inherit his Anson County, NC farm through his will which stated that they "share and share alike", thus creating a co-tenancy. Gamora and Nebula were never close, so Nebula verbally promises her angry cousin Ronan that he can buy her interest. Ronan gives her full cash payment for her asking price, then Nebula departs to California before executing a deed, and hasn't been seen since. Ronan files a partition action to divide the property. His case is dismissed immediately. Why?
Ronan cannot prove he has an interest because there is no recorded instrument of transfer in the chain of title
Continue facts from previous 2 questions. On the day Bowie does his Protec-T application, the wet conditions cause a volatility that causes an airborne drift of Protec-T which escapes Bowie's land and settles onto Jagger's cotton crop, which suffers damage. Farming is common in the area where the incident occurs. Which common law theory of liability below is not appropriate for Jagger to bring?
Strict liability, because Bowie's action was ultrahazardous and unsuited to the area
Right of sole possession
TREPASS
Parcel A in Yancey County, NC - owned by Mosby - has a spring that is the source of a small stream that runs in a course gently downhill where it eventually crosses the boundary to Parcel B where it fills a trout pond. In 1933, Mosby, the owner of Parcel A, granted an exclusive riparian easement that runs with the land to the owner of Parcel B, Sheridan, to all of the water coming from the spring on Parcel A. Sheridan, Parcel B's owner, recorded the riparian easement. 1959, Mosby died, leaving Parcel A to his son. In 2020, Mosby's great grandson, Mosby IV, owns the property, and builds a cabin on the undeveloped property and starts to use the spring and stream as a water source. The owner of Parcel B - the sixth owner since Sheridan and of no relation - sues Mosby IV to enjoin him from using the water. What will the Court rule?
That Mosby IV has absolute ownership to water coming out of the ground
The Fourteenth Amendment - ratified following the American Civil War to ensure (among other things) that people are never again held as property under a state's law - reads as follows: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The President of the United States disagrees with this constitutional protection and has expressed a desire to further define it. You are a White House Assistant Counsel, what do you advise?
That he read and follow the specific procedure of Article V of the U.S. Constitution to change the wording of the Fourteenth Amendment
Assume same facts about Permanent Waves Partnership. Additional fact(s): 1. Alex returns from Florida and - disappointed Geddy and Neil did not buy the new John Deere tractor - gets a local mechanic to get one of his grandfather's old Farmall 140 tractors running so he can have a tractor to drive. It is a vintage piece, without the required rear lighting required under North Carolina general statutes for night time operation on public roads. He attaches an old hay wagon to the tractor, which has no rear reflection or other illumination, also in violation of North Carolina law if he were to operate such at night out on the public roadway. 2. At about 3pm on a clear day, Alex drives the tractor and wagon off his home farm and down the public state road to a nearby farm to feed some cattle owned by the partnership on land leased by the partnership. The trailer is rear ended by a driver who was gravely injured. Though missing rear lights and reflectors, Alex is not cited by the highway patrol, though his tractor vintage is described. 3. Assume the case makes it to trial, and the partnership's lawyer successfully enters into evidence the highway patrol's traffic incident report, which shows that the injured driver was texting and confirms the time of day and weather. Question: If at trial the injured driver's lawyer attempts to introduce evidence that Alex was driving a tractor and pulling a trailer both of which failed to meet statutory lighting standards, what is Alex's best argument to keep this specific evidence from being heard by the jury?
That the injured plaintiff was texting, so it is irrelevant whether or not Alex was obeying state law
Prince owns and operates Raspberry Beret Farm. This season - after failing to secure a loan from Farm Credit and RaboBank - Prince pledges his farmland as collateral for a direct operating loan from Farm Service Agency (FSA), a unit of the federal government. Prince cannot repay the loan, and eventually FSA forecloses and auctions off the land pursuant to a deed of trust. The highest bidder is North Carolina State University, a unit of state government. In addition to the FSA loan, UNC Hospital had a docketed judgement against Prince for an unpaid bill, and the balance of the sale proceeds will go to UNC Hospital. Prince will receive no cash from the sale. Before the court can confirm the sale, Prince sues to enjoin the sale, claiming an unconstitutional taking by the government for a public purpose. FSA files a motion to dismiss. What happens?
The Court grants FSA's motion and dismisses the takings claim because Farm Service Agency is exercising a contractual right to sell the land granted by the owner in exchange for a loan, the cash from which Prince received, and the sale has extinguished a valid debt
Acqua Concepts, Inc. has developed a new product - Protec-T - containing an active ingredient to discourage gophers from chewing irrigation lines. With whom must Acqua seek approval before marketing Protec-T to farmers?
The Environmental Protection Agency
The label on Protec-T states that its active ingredient targets gophers, specifically to discourage them from chewing crop irrigation lines. The label also prohibits application within 5 days of the termination of a minimum 1" rainfall event. Bowie operates a farm in Lenoir County, and is a North Carolina-licensed pesticide applicator. Bowie buys a container of Protec-T from his local seed supply, and sprays it the first day he can get into the field, 3 days after a 2" rain event, to try and control voles on his property. If Bowie's application of Protec-T is discovered, before whom will he be required to appear to explain his use of it?
The Lenoir County Soil and Water Board
Continue with Jones, Plant, Page and Bonham. Plant still owns the land. On December 2, 2025 Jones finally harvests his soybeans and immediately plants winter wheat (which will be harvestable the following July). Jones tries to contact Plant, but cannot reach him. As it turns out, Plant just verbally agreed to allow Bonham to come onto the land and prepare for farming after January 1, 2026. Bonham comes onto the land in February and discs up Jones' wheat crop. Jones files a declaratory judgement action against Plant, claiming a tenancy for the year 2026 under NCGS 42-23. What result is most supported by North Carolina law?
The court declares that Jones' tenancy is terminated on December 31, 2025, because NCGS §42-23 is superseded by the lease agreement - and its termination date - between Jones and Plant.
Michael Corleone operates a cattle farm in Moore County that he purchased from his brother Sonny, shortly before Sonny's untimely demise. On this farm he has a bull that, though gentle, likes to escape and wander. Fredo, Michael's brother and County Animal Control officer, has had to reluctantly cite him for failing to keep livestock penned under North Carolina law. One evening, a car driving past the farm failed to see the bull out in the middle of the road before hitting him, cause severe damage to car and driver, but not the bull. The driver sues, and at trial seeks to introduce Michael's multiple citations as evidence to establish Michael's liability. What's the best answer below to describe how the court might rule?
The court will allow the evidence if plaintiff can convince the judge that the evidence shows that Michael knew of the bull's propensity to escape, and therefore acted unreasonably in not properly securing him
North Carolina's Right to Farm legislation generally protects agricultural producers from nuisance lawsuits so long as the farm operation does not undergo a "substantial change." In which instance below might a jury find that a farm has undergone a substantial change under the Right to Farm law (and thus not protect the farm operation)?
The farm ceases operation in December of 2015 then restarts operation in January 2020
Assume that cannabis remains a "schedule one" drug under federal law. Nigel - a farmer in North Carolina - was arrested by federal Drug Enforcement Agency officers under the federal Controlled Substances Act following their discovery of 1000 cannabis plants in a greenhouse on his farm. Unbeknownst to his customers, Nigel is a meticulous record keeper and has kept a detailed list of his customers, and can prove that all of his customers live in state and only purchase in amounts suitable for personal use. As such, he challenges the constitutionality of the Controlled Substances Act as an impermissible abuse of federal power for attempting to regulate intrastate sales of cannabis in violation of the U.S. Constitution's "Commerce Clause." North Carolina - to the surprise of its citizens - legalized cannabis prior to Nigel's arrest. Based on your knowledge of federalism and federal constitutional authority to Congress, which answer below explains the result?
The federal government wins if it can show that intrastate sales of cannabis have a substantial economic effect on interstate commerce
Continuing from the basic facts of previous question. (2) New Facts: As noted in the previous question facts, the highest appraised value (by the county) for the 21 acre tract was $200,000. However, for accurate gift tax reporting purposes, Tywin hired a certified appraisal resulting in a Fair Market Value (FMV) of $280,000 for the 21 acre parcel (so each 7 acre parcel has an FMV of $93,333.33). Tywin purchased his 21 acre tract 20 years ago for $100,000. Jamie and Tyrion decide to hold onto their parcels. Cersei, however, immediately sells her parcel to a third party for $120,000. Assume the the current federal capital gains rate is 15% for an individual in Cersei's income tax bracket. Assume that Tywin filed a federal gift tax return for each of his $93,333.33 gifts to his children, and has not exceeded is federal lifetime estate and gift tax exemption of $11.4 million. Question: Which below best describes the federal income tax implications of their father's gift?(Hint 1: this is a "basis" question. Remember that basis is the value of the landat the time the donor acquired it, whether by inheritance or purchase. In a gift situation, does the donee get basis increase [i.e. to current market value] at time of gift? or does basis remain the same as donor's?) (Hint 2: capital gains tax is paid on the difference between sale price and basis)
Tyrion: no income tax paid Jamie: no income tax paid Cersei: 15% of difference between $120,000 and $93,333.33
Continuing with the facts of the previous question, assume that Cersei instructs her tax preparer to declare that the value of her gift was based on the county appraisal of $200,000 (divided by 3), and declares a basis of $66,666.66 to calculate her capital gain on the sale of her parcel. Cersei is audited by the Internal Revenue Service, challenging the value of her gift and thus her capital gain declaration. Which below is your best guess as to why Cersei was audited?
Tywin filed an IRS Form 709 (federal gift tax return) establishing the appraised value of his gifts as well as the identification of the donees, and her social security number got flagged
To enhance wildlife habitat protection, the National Park Service issues a regulation requiring that no private lands may be cultivated within one-half mile of the boundary to the Great Smokey Mountains National Park Answer 1Choose...U.S. Constitution 5th Amendment "Takings Clause"U.S. Constitution Article VI §2 "Supremacy Clause"Dormant Commerce Clause
US CONSTITUTION 5TH AMENDMENT TAKINGS CLAUSE
Though the Federal Insecticide, Fungicide and Rodenticide Act, grants exclusive authority to the EPA to approve pesticides for various uses, the North Carolina legislature passes a law granting the North Carolina Department of Agriculture and Consumer Services the discretion to expand applicable uses of certain federally-approved pesticides
US CONSTITUTION ARTICLE VI & 2 SUPREMACY CLAUSE
Gandalf has purchased a tract of land in Randolph County, North Carolina. His plan is to build a livestock operation, but before he purchases animals he wishes to first build some infrastructure to enhance and protect local water sources. As it happens, the 2018 Farm Bill has authorized funding of the Environmental Quality Improvement Program (EQIP) which provides funding to qualified applicants for wells and stream crossing projects. Gandalf applies for funding at his local Natural Resources Conservation Service (NRCS, a division of US Department of Agriculture) office, but his application is not approved. When he goes back to the NRCS office, the local conservationist tells him he's just too old to start farming. Incensed, Gandalf files an age discrimination claim with the Federal District Court for the Middle District of North Carolina. USDA files a motion to dismiss, and the Court promptly grants it. Why?
USDA has an internal appeals process for such adverse decisions, which Gandalf chose to bypsss
Continue with Permanent Waves Farm. Now, let's say that Alex, Geddy and Neil, instead of forming a partnership, formed a limited liability company with the North Carolina Secretary of State prior to Alex's highway accident. Assume that all same contribution and lease arrangements are the same as in previous questions. Assume that the accident with Alex happened, and the jury in that matter came back with a verdict against the LLC, awarding damages to the injured plaintiff. From which assets may the judgement creditor (the injured plaintiff) seek to compensate him for his injuries?
Whatever cash is in the LLC bank account (and accounts receivable), and any equipment purchased by the LLC
When may a government not exercise its power to take land from a private owner under eminent domain?
When the government intends to transfer the land to another private party for private use
The issue in Wickard v. Filburn can be summarized as follows:
Whether the federal regulation of harvested wheat reserved purely for intrastate on-farm use is beyond the powers granted to the federal government under the Commerce Clause?
Continue same facts as previous question. Now, Molly dies after Arthur. Who owns Shell Cottage?
george
If an appellate court holds that a trial court applied an erroneous liability standard to the facts, the appellate court must .
reverse and remand the case to the lower court for a new trial consistent with its holding
If the North Carolina Court of Appeals were to follow the holding of Johnson v. Paynesville Farmers Union Coop. Oil Co., 802 N.W.2d 383 (Minn. App., 2011), what would be North Carolina's legal standard on pesticide drift best described below?
that damage from pesticide drift can support an action in trespass
A state statute that is geographically discriminatory on its face (e.g. passed to favor in-state commercial interests at expense of those in other states), when challenged under the dormant commerce clause, will normally be subjected to "strict scrutiny" review by a federal court. To overcome the challenge, the state must prove what?
that the state has a compelling interest in the subject matter of the statute, and that the statute is narrowly tailored to achieve goals of that interest
George and Ringo paddled their canoe far up the Haw River to its headwaters, a small stream where they can still float their canoe. John, the owner of the land on both sides of the stream, called his friend Paul, the Sheriff of Guilford County, who arrested George and Ringo for trespassing on John's land. North Carolina follows this rule:
the charges are dismissed, because submerged lands beneath a navigable-in-fact waterway are designated as public trust and cannot be privately owned, thus removing the critical element of criminal trespass
Consider the following situation: Daniel Plainview operates a hemp oil processing facility in an area of Nash County that is not subject to zoning. The Nash County Board of Commissioners, after appropriate public notice and commentary, passed a county-wide zoning ordnance identifying all previously non-zoned areas as "R-Residential" which effectively prohibits commercial uses of real property. Will Daniel be allowed to continue operating his facility?
yes, as a non-conforming use until he makes a major change or expansion to the business
Consider the following: Alex owns 300 acres of Robeson County farmland, which he inherited from his parents. He has some old equipment and $200,000 in cash. Alex doesn't have farming experience but wishes to farm. Geddy owns 200 acres of Robeson County farmland (and rents about 1000), and has two modern tractors (with array of implements), a boom sprayer and a combine (with header). Geddy has about $20,000 cash. Neil owns no land, but is a former commodities trader with a proven track record of futures trading and a keen student of market risk. Neil owns a fleet of vintage BMW motorcycles. Alex, Geddy and Neil meet and decide to form a partnership called Permanent Waves Farm Partnership. They apply for an employment identification number (EIN) and they open a bank account for the partnership. Alex rents his land to the partnership, and Geddy rents his land and equipment to the partnership. The partners do not sign a partnership contract, but verbally agree to the following partnership interests: Alex 20%; Geddy 40%; Neil 40%. First Question: Have Alex, Geddy and Neil actually formed a partnership?
yes, they are an association of two or more persons to carry on as co-owners a business for profit
