TERM 1 CASES CASE FACTS NATURE OF PROPERTY Calder (1973)

Yanner (AU 1996)

INS v. AP (US 1918)

Nisgaa appealed to SCC from ruling that held that FN prop laws were to different from CL to form title. FN hunted crocodiles w/o license argued it was a right included in title; crown counters their ownership is absolute. AP, org of newspapers, alleges INS violated prop rights from taking news from bulletin boards.

Harrison (1976)

D lawfully picketing on sidewalk of plaza owned by P, charged for trespassing.

Victoria Park (AU 1937)

P owns race track; D owns adjacent property. D constructed platform to view and broadcast races from P's track, which cost P loss of business, who argues spectacle has property rights. P found out his cells were being used for devpt of medical products.

Moore (US 1990)

Monstanto (2004)

PROPERTY Pennsylva nia Coal (US 1923)

Lucas (US 1982)

Farmer cultivated seeds w/o patent after they blew onto his property, argues that he owns progeny of seed bc of his labour.

AND THE CONSTITUTION D sought to prevent PC from mining under property which would affect their house. Mining rights were taken away from prop owners by statute. L bought land and intended to build houses but was prohibited by statute; L claimed ban deprived him of economic use of property.

PRINCIPLES Attributes/esssentialist based approach to property.

Dissent- attributes approach/
majority functional/ nominal approach. Attributes/esssentialist based approach to property. Idea of "quasi property;" commodification of property (rights flow from commercial value); institutional property rights. Extends prop rights of homeowners to commercial owners, who have right to grant or exclude admission. Highlights how property rights reflect competing social values. Attributes/esssentialist based approach to property. A spectacle does not have prop rights even if it is result of labour and investment.

Attributes/esssentialist based approach to property, which struggles to include novel claims. Property defined in context of loss of profit; possession justified thru labour. No right of possession simply bc it is on your property. Infringement of prop right can occur through use. Importance of labour in claiming possession (ct ruled in favour of corptheir labour trumped his). Determining if regulatory act = a de facto taking/expropriation depends on the extent of the diminution of value of property - contrast to Cdn context. Reflects commodification of property. Statute held to be a taking bc it impeded economic value of property
- contrast to Cdn context. Reflects value of property rests in its commodification.

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