| Trees - Fruit & Nut Trees |
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| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. The rationale behind the right of self-help is that, to the extent possible, property owners should be able to protect their interests without the necessity of resorting to the courts.More... |
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| Estimating the Cost of Interstate Moving Expenses -- The Binding Estimate |
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| Federal law regulates the business of carriers who transport household goods from one state to another. When a homeowner or a tenant enters into a contract with a mover to transport furniture and furnishings out of state, those federal laws and the regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA) come into play.More... |
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| The Historic Homeowner -- State and Local Preservation Laws |
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| The issue of historic preservation is governed by a myriad of federal, state, and local laws. Generally speaking, the purpose of preservation laws is to encourage the recognition of historic resources, as well as the preservation of those resources. Without question, historic preservation is a legitimate governmental objective. On the state and local levels, historic preservation controls may be enacted subject to the applicable constitutional constraints.More... |
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| Initiative and Referendum |
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| Initiative and referendum are two mechanisms by which the voters of a state can directly effectuate changes in the state law. Whether a particular state has an initiative process and/or a referendum process is determined by the constitution of the state. More... |
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| Procedures in Condemnation Cases |
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| Condemnation is the action of a governmental entity when it takes private property for a public use. When a state takes private land to build, expand, or develop a public highway, that private property is condemned through a judicial process that ultimately transfers the title of the land from the private owner to the state in exchange for the payment of funds that reflect the reasonable value of the land taken.More... |
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