Notice of adjustment of the annual fee for perpetual usufruct of real property

The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.

Theoretical Aspects of the Legislation Dealing with Proceedings Regarding Criminal Property

The research deals with problems relating to proceedings regarding criminal property, as a result of which property may be recognised as criminally derived and be forfeited. It should be noted that matters at hand are interdisciplinary and require a systemic approach. The research focuses on procedural aspects of criminal property forfeiture in the context of an individual’s right to property. The forfeiture of criminal property by way of special proceedings before a court judgement resulting in criminal conviction becomes final is an adequate means of criminal proceedings, whose main goal is to restore justice between parties to criminal proceedings by returning criminal property to the lawful owner as soon as possible. However, it should be considered that this type of property forfeiture has a dual nature, namely: the legislation should also secure the rights of persons having opposite interests, such as the alleged offender, the property owner affected by criminal proceedings and the victim.

Understanding Urban Retail Vacancy

Storefront retail is highly valued because of its contribution to street life, its pedestrian-oriented urban design quality, and its ability to foster social connection. Despite this valuation, in many areas, main street retail struggles and storefront vacancies are common. To better understand retail vacancy causes, effects, and mitigation, we conducted 18 in-depth (in-person or phone) interviews of the leaders of business organizations in Chicago. From the literature, common explanations for retail vacancy include structural transformation of the retail industry, demographic change, and the increased cost of being a retailer. Responses from our interviewees cited demographic change, urban context, and property owner behavior as the main reasons for retail vacancy. While there was significant overlap with the literature concerning the role of demographic change, our respondents put particular emphasis on contexts and behaviors witnessed at the “street level,” such as property owner behavior.

Explainer: Taxing rezoning windfalls (betterment)

In its 2021 budget, the Victorian government announced a new tax on windfall land value gains from rezoning (also known as a betterment tax)This note explains the economic principles behind such a tax, the benefits of applying such a tax, implementation issues that need to be considered, and lessons from the operation of similar taxes elsewhere.Property is, conceptually, a finite bundle of rights. Rezoning grants additional property rights to owners of an existing set of property rights. Those new rights could instead be sold at a market price. A tax on the value gain from rezoning at anything less than 100% is equivalent to selling the new property rights from the community to the current property owner at a discount. Just like selling other property rights from the public to the private sector does not add to market prices in property markets, nor does selling rezoning rights.A tax on rezoning windfalls is uncommon not because it is a bad tax but because it is a good tax.

Comparative Ecosystem Benefits of Common Urban Trees and Palms in South Florida

This new 2-page factsheet was written to support urban forestry Extension clientele queries for information guiding Florida HOA and property owner decisions on whether to replace hardwood trees with palms, due to palms’ compact growth habit and lower leaf-shed volume, compared to hardwood trees. Written by Marguerite Beckford and Gary W. Knox, and published by the UF/IFAS Environmental Horticulture Department.

The Roles of Penghulu on Small Estate Distribution

Distribution of the estate is one of the most important issues in the human life. The property acquired through the distribution of the estate can lead to an individual’s future. Some people assume that property is used as measure of the success of a person’s life, so there will be room for the disputation in the authority of the estate. The existence of a dispute in the inheritance division takes place in various forms, some of the which caused the inheritance to be divided only after so long as the inherited person died, some also due to the uncertain estate position, and some of the heirs who deliberately committed crucial documents such as death letter, agreement letter and soon. The delay in applying for settlement of the estate after the death of the property owner (deceased) is a common phenomenon occurring in our society. Many cases are not properly addressed by the heirs and have not been resolved immediately even though the death has taken place for several years. There are certain cases which took decades to complete, and even death cases that took place before the Japanese occupation period had not yet been resolved. The community of ours seems to be trivial about the settlement and division of this estate. They seem to be unaware that the postponement in the division creates a very large legal and law. Any estate that left by the deceased should be manage as soon as possible to avoid any other problem that might be occur in the future. There are several applicants who are eligible to apply and manage the estate by the deceased in the Small Estate Distribution Act 1955. Section 8 (1) of the Small Estate Distribution Act provides for the parties who may apply, one of them is head of community or penghulu or placement officer. This paper will discuss the roles of penghulu to assist the community in management of estate, especially unclaimed estate.

INTELLECTUAL PROPERTY RIGHTS OWNERS PRIVILEGES

Author argues as justified grating by law intellectual property owners numerous statutory privileges compared with other property rights owners. On the basis of analysis of common elements of regime of intellectual property objects author comes to conclusion that legal position of intellectual property owner is unbalanced.

Claiming, Killing, and Haunting in Toni Morrison’s Beloved

This chapter examines Toni Morrison’s Beloved (1987). In reading Sethe’s impossible choice between ending her children’s lives or letting them be taken back into slavery, critics have largely blamed her daughter’s death on the system of slavery. That critics do not want to blame Sethe for the murder is understandable, given how much she suffers under slavery. What these critics miss, however, is Sethe’s agency. In killing Beloved and attempting to kill the rest of her children, Sethe makes a property claim that speaks directly to the history of cases on American property law and slavery. This chapter examines Sethe’s choice in the context of State v. Mann and Pierson v. Post, arguing that her willingness to destroy makes her a valid property owner. Her legal possession, however, is answered by spectral possession when Beloved haunts to reclaim personhood.

FE Evaluation of Hillside Excavation for a Construction Contract Dispute

This paper presents a forensic evaluation of an earthwork grading dispute between a grading contractor (plaintiff) and property owner (defendant) associated with construction of an approach driveway and hill-side cut for a new residential property. The plaintiff’s allegations were that “changed conditions” had been encountered through the presence of a landslide and/or geologic fault. These conditions resulted in schedule delays and increased costs. Finally, the plaintiff alleged breach of contract after being terminated. The allega-tions were investigated through both on-site field reconnaissance and desktop studies. The forensic analyses found no basis for the changed conditions claims. The case was tried in Napa County California Superior Courts via bench trial. The judge’s decision mirrored the findings of the forensic analyses.

Does Property Ownership Lead to Participation in Local Politics? Evidence from Property Records and Meeting Minutes

Homeowners and renters have participated in politics at different rates throughout American history, but does becoming a property owner motivate an individual to participate in local politics? I combine deed-level property records in California and Texas with an original dataset on individual comments in local city council meetings to study the role of property ownership in shaping costly forms of political behavior, and I document large inequalities in who participates at city council meetings. I also link property records to individual-level contribution records and administrative voter files and find that becoming a property owner increases an individual’s political activity. Over and above voting in local elections, property ownership motivates individuals to participate in local city council meetings and donate to candidates. These findings illustrate how the experience of homeownership leads property owners to become much more active in local politics.