In woman transfers land to city for desert wildlife reserve Palm Springs, ONLY (FSSEI/EI, LDR as city takes immediate possession transferee), (via court order) to build golf course… city then brings action against LDR (to change eminent domain FSSEI … into claiming that golf course was consistent w/ desert wildlife FSA), reserve (Faus-type argument)… BUT, b/c restriction was violated, AND violation was reasonably … LDR is compensated (given value of imminent, FSA) Applying RAP… which is created in is subject to meaning that it may NOT EI, transferee, RAP, have (NO cut-off perpetual duration point)… thus, any other than may have remedial device EI perpetual duration… … AND, are exempt from if from charity-to-charity (charitable EIs RAP … NOT if charity-to-noncharity OR noncharity-to-charity exception)… but, Recall drafting options to avoid retaining transferor’s/grantor’s RAP PR/PT and subsequently transferring to (inter depending on transferee vivos jurisdiction, everywhere) transfering to to in death FSA transferee –OR– subsequently be transferred elsewhere (w/ retained by PR/PT transferee) When is void under (i.e. O conveys to A, subsequently-voided EI RAP FSSEI held by EI B)… 2 alternative outcomes… If original language conveying is A holds (w/ NO EI optional FSA restriction) If original language conveying is A holds O EI automatic FSD, holds PR 2 underlying theories (expressing same idea in different ways)… Termination of language (automatic language stays, optional language goes)… “O to A so long as [_]… if not, then to B” FSD/PR to A on condition that if not, then to FSA “O [_]… B” Under possessory estate ends (upon violation FSD/PR, automatically of restriction), and since it go to (as per voided transferee EI), can’t it must go to whereas, under ONLY transferor… FSSCS/PT, had to terminate possessory estate, and transferee option subsequently lost said option (as per voided EI) In W conveys portion of land to RR, reserving portion for self as Walker, (RR holds FSSEI EI)…
In Palm Springs, woman transfers land to city for desert wildlife reserve ONLY (FSSEI/EI, LDR as transferee), city takes immediate possession (via court order) to build golf course… … city then brings eminent domain action against LDR (to change FSSEI into FSA), claiming that golf course was consistent w/ desert wildlife reserve (Faus-type argument)… … BUT, b/c restriction was violated, AND violation was reasonably imminent, LDR is compensated (given value of FSA) Applying RAP… EI, which is created in transferee, is subject to RAP, meaning that it may NOT have perpetual duration (NO cut-off point)… … thus, any remedial device other than EI may have perpetual duration… … AND, EIs are exempt from RAP if from charity-to-charity (charitable exception)… but, NOT if charity-to-noncharity OR noncharity-to-charity Recall transferor’s/grantor’s drafting options to avoid RAP retaining PR/PT and subsequently transferring to transferee (inter vivos depending on jurisdiction, in death everywhere) –OR– transfering FSA to transferee to subsequently be transferred elsewhere (w/ PR/PT retained by transferee) When EI is void under RAP (i.e. O conveys FSSEI to A, subsequently-voided EI held by B)… 2 alternative outcomes… If original language conveying EI is optional A holds FSA (w/ NO restriction) If original language conveying EI is automatic A holds FSD, O holds PR 2 underlying theories (expressing same idea in different ways)… Termination of language (automatic language stays, optional language goes)… “O to A so long as [_]… if not, then to B” FSD/PR “O to A on condition that [_]… if not, then to B” FSA Under FSD/PR, possessory estate ends automatically (upon violation of restriction), and since it can’t go to transferee (as per voided EI), it must go to transferor… whereas, under FSSCS/PT, ONLY transferee had option to terminate possessory estate, and subsequently lost said option (as per voided EI) In Walker, W conveys portion of land to RR, reserving portion for self as FSSEI (RR holds EI)…
Property-2_Coskran-Spring-2009.docx