Property qualification

“ The members of the Legislative Council shall be British Subjects by Birth or Naturalization, of the full age of Thirty Years, shall possess a continuous real property qualification of four thousand dollars over and above all incumbrances, and shall be and continue worth that sum over and above their debts and liabilities; but in the case of Newfoundland and Prince Edward Island the property may be either real or personal. ”

“ The full and true value of the property is the amount that the owner would be entitled to receive as just compensation upon a taking of that property by the state or the United States in the exertion of the power of eminent domain. ”

“ That act provides that an owner of a large estate may sell to his tenants the holdings they occupy, and his untenanted land to any one who desires to buy it, in such tracts and at such prices as may be agreed upon, corresponding to the income now derived from that particular property. No landlord can sell a few acres here and there of good land under this act, although, of course, he is at liberty to dispose of any part of his estate at any time at any price that he may consider proper. ”

“ It further provides: 'The term 'real property' as used in this compact includes lands, * * * and interests in land, * * * and any and all things and rights usually included within the said term, and includes not only fees simple and absolute, but also any and all lesser interests, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms of years and liens thereon by way of judgments, mortgages, or otherwise, and also claims for damage to real estate.' N.J.S.A. 32:8-4. ”

“ The present system of property ownership places no limitations on the amount of income-yielding property which one individual may control. The Rockefellers, Guggenheims and Carnegies may secure title to a hundred-thousand, a hundred-million, or a hundred-billion estate. There is nothing in the custom or law of the land to check such a procedure, and in the course of the undertaking, business practice affords every conceivable advantage. The modern property-owning world is organized on the assumption that every man has a right to as much property as he can get. ”

“ It is to give the soil its value every year; it is, by annually renewed creation, to prevent the diminution or destruction of the value of a piece of land. Admitting, then, that property is rational and legitimate,—admitting that rent is equitable and just,—I say that he who cultivates acquires property by as good a title as he who clears, or he who improves; and that every time a tenant pays his rent, he obtains a fraction of property in the land entrusted to his care, the denominator of which is equal to the proportion of rent paid. ”

“ It has control over property within its limits; and the condition of ownership of real estate therein, whether the owner be stranger or citizen, is subjection to its rules concerning the holding, the transfer, liability to obligations, private or public, and the modes of establishing titles thereto. ”

“ The 'real property' which Congress made 'subject' to state taxation, should in the Government's view be limited to 'land and buildings and those fixtures which are so integrated with the buildings as to be uniformly, or, at most, generally, regarded as real property.' 'Real property', within this definition would include buildings and 'fixtures essential to a building's operations' but would not include fixtures, movable machinery, or equipment, which though essential to applicant's operations as a plant, are not essential to a building's operation as a building. ”

“ When real estate is sold by the collector, he must give to the purchaser a certificate of purchase describing the real estate purchased, for whose taxes it was sold, the name of the purchaser, and the price paid for the property, which shall be followed by a deed to the purchaser, if the property is not redeemed in due time. ”

“ Equitable compensation shall not include any increase in the value of real property resulting directly or indirectly from investment of social resources. Article 83. The right of ownership by citizens and civil artificial persons shall be realized in conformity with the nature and purpose of real property and/or movables in their ownership, and in; conformity with the social interest, as spelled out by statute. Conditions for the sale of land and other kinds of real property subject to the right of ownership shall be regulated by statute. ”

“ The county would, for tax purposes, define real property so as to treat machinery, equipment, fixtures, and the land on which a manufacturing establishment is located as an integral real property unit. ”

“ Those who are giving their time and energy to the production of wealth, face the fact that property rights have been so construed as to give property owners a first claim on production and to make property income a fixed charge on the industry of the community. ”

“ But since all have an equal right of occupancy, every man is by the same title a proprietor. Every man has a right to an income equal to a fraction of his product. If, then, the laborer is obliged by the right of property to pay a rent to the proprietor, the proprietor is obliged by the same right to pay the same amount of rent to the laborer ”

“ Jurists do not quite agree as to the full extent of a man’s interest in, and control of, the property he acquires. There are different theories as to the real title to property; most all, however, agree that occupation, united with labor, is the best ground of a title to exclusive ownership of property. But how long will this ownership or control continue? During lifetime, or for a longer period? ”

“ To make the National Rate Book, each landowner values (with the magistrate) his land at what price he pleases; the State has the right to buy the land at any time at that price, plus 33-1/3 per cent for compulsory purchase. The magistrate sees that each separate house, farm, and plot is valued separately. No person need prove his title; any man can value any piece of land, and need not prove himself to be owner, tenant, or agent; but any piece of land valued by no one would be claimed as public property. ”

“ Homesteads in lands, whether held in fee or any lesser estate, to the value of one thousand dollars, or so much thereof as the property is worth if its value is less than one thousand dollars, with the yearly products thereof, and to every head of a family residing in this State, whether entitled to a homestead exemption in lands or not, personal property to the value of five hundred dollars, or so much thereof as the property is worth if its value is less than five hundred dollars. ”

“ Thus, in Washburn on Real Property, it is said that 'a devise of the rents and profits of land, or the income of land, is equivalent to a devise of the land itself, and will be for life or in fee, according to the limitation expressed in the devise.' Volume 2, p. ”

“ Materialman's and mechanic's lien statutes award an interest in real property to workers who have contributed their labor, and to suppliers who have furnished material, for the improvement of the real property. ”

“ The making of a just return for the use of the property involves the recognition of its fair value, if it be more than its cost. The property is held in private ownership, and it is that property, and not the original cost of it, of which the owner may not be deprived without due process of law. ”

“ Private property shall not be appropriated without the consent of the owner, except for the sake of public use, and with previous indemnification. The law shall determine the authority which may make the appropriation and the conditions under which it may be carried out. No corporation, civil or ecclesiastical, whatever may be its character, denomination, or object, shall have legal capacity to acquire in proprietorship or administer for itself real estate, with the single exception of edifices destined immediately and directly to the service and object of the institution. ”

“ State and local governments depend principally upon a GENERAL PROPERTY TAX, for which purpose property is divided into two kinds: REAL ESTATE, which includes land and buildings, and PERSONAL PROPERTY, which includes furniture, tools, livestock, money, and valuables of various kinds. ”

“ All individuals, partnerships, corporations and other legal entities, as well as their agents and representatives, could now discriminate with respect to their residential real property, which is defined as any interest in real property of any kind or quality, 'irrespective of how obtained or financed,' and seemingly irrespective of the relationship of the State to such interests in real property. ”

“ In a devise of real and personal property, the law makes a distinction as to the two estates, in the construction of devisees; and, when technical language is used, the devisee takes an absolute estate in the personal, and a limited estate, or an estate tail, in the real property. ”

“ The difficulty, indeed, of late years, has been not to find sellers but purchasers of the land, and it is not to be supposed that even if you were to take away every check, and make every landowner an absolute owner, he would at once rush into the market and sell his property. ”

“ Determination of the value of property, particularly as affected by a prospective use, always involves some element of prophecy and some estimation of probabilities. No court that we know of has ever proposed, and we do not propose, to value the power of eminent domain either separately or as an ingredient of property taken. ”

“ I can conceive of cases where corporations have been authorized to acquire a limited amount of real estate such as the legislature may conceive to be useful and necessary to the purpose for which they are organized, or to take property for specific uses, in which the question as to whether they have exceeded that amount or perverted the use may be one for the state alone, and not of any private citizen. ”

“ If personal property was acquired by specific bequest, or if real property was acquired by general or specific devise or by intestacy, the basis shall be the fair market value of the property at the time of the death of the decedent. ”

“ Titles to estates can be made with greater facility, and it may be presumed that it will not be necessary to make the expensive and redundant conveyances which appear to be required in the transfer of real property at home. ”

“ While a much longer time might be allowed to assert this right in regard to real estate whose value is fixed, on which no outlay is made for improvement, and but little change in value, the class of property here considered, subject to the most rapid, frequent, and violent fluctuations in value of any thing known as property, requires prompt action in all who hold an option, whether they will share its risks, or stand clear of them. ”

“ We find it impossibl to hold that a fundamental requisition deemed so important as to be enforced by two provisions, one affirmative and one negative, can be refined away by forced distinctions between that which gives value to property and the property itself. ”

“ The régime of contract, at present so far extended that the right of property in movables is recognized only as having arisen by exchange of services or products under agreements, or by gift from those who had acquired it under such agreements, may be further extended so far that the products of the soil will be recognized as property only by virtue of agreements between individuals as tenants and the community as land-owner. Even now, among ourselves, private ownership of land is not absolute. ”

“ If improvements made in the vicinity of the property, the growth of city or town where it is located, the building of railroads, the development of the surrounding country and other like causes, give property an increased value, the owner cannot be deprived of such income by legislative action which prevents him from realizing an income commensurate with the enhanced value of his property. ”

“ Such statutes are universally in force and are general in their application, facts of which the land owner must take account in providing for the management of his property and safeguarding his interest in it. ”

“ Wheaton says that the law of the place where real property is situated governs exclusively as to the tenure, the title, and the descent of real property, and the notes of the editor fully confirm the proposition. ”

“ The owner grants a lease for a long period of time, usually ninety-nine years, for a ground rent, which is notoriously below the true economic rent of the land, subject to the condition that the leaseholder must erect upon the land and keep in good repair certain buildings, which on expiry of the lease will become the property of the ground owner. ”

“ The usual clause in Enclosure Acts stated that the land should be 'allotted according to the several and respective rights of all who had rights and interests' in the enclosed property, and expenses were to be borne 'in proportion to the respective shares of the people interested'. ”

“ Though this may be the consequence the rest of the will is not thereby impaired. The property given is either real or personal. Real property consists of land extending indefinitely upward and downward, every building thereon, every growing thing, likewise all minerals and in some cases even ice. ”

“ The owners of personal property avoid their obligations in a manner still more reprehensible. They either conceal it or lie about it. While its amount during the past forty years has reached the enormous total of $18,000,000,000, or more than four times the value of the real estate, its assessed value has not increased. ”