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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/relwprpty0259 and id is 1 raw text is: PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS § 7. Possessory Interests in Land Colo.App.2017. Subsec. (a) quot. in case quot. in sup. Members of a hunting-and-fishing club appealed from county assessor's decision to assess property taxes against them in connection with certain parcels of real property on the club's grounds that were allocated to them under their membership agreements, alleging that the taxes should have been assessed against the club instead of against them individually. This court reversed and remanded, holding that, while members held legal title to the parcels, they effectively had a license to use the club's grounds, and the club was the true owner of the parcels. The court reasoned, in part, that the club enjoyed most of the traditional benefits of ownership with respect to the parcels under Restatement of Property § 7, including the rights to exclude non-members or members not in good standing, to erect or remove improvements, to control the river and its waters, and to profit from the parcels. HDH Partnership v. Hinsdale County Board of Equalization, 459 P.3d 586, 592. Va.App.2019. Cit. in sup. Defendant was charged with, among other things, statutory burglary in connection with an incident in which she kicked in the door of a mobile home where a man with whom she was romantically involved resided and became involved in a physical altercation with another woman in the home. After a non-jury trial, the trial court denied defendant's motion to strike, in which she argued that she could not be guilty of statutory burglary because she lived in the home, and convicted defendant. Affirming, this court held that the evidence was sufficient to show that the home, which was owned by the man's roommate, was the dwelling of another, because defendant did not own or lease any portion of the home or have any right to occupy it under Restatement of Property § 7 or Restatement Second of Property: Landlord & Tenant § 1.2. While defendant kept some personal items at the home, assisted in paying utility bills, and had a key to the home, the evidence showed that she had her own residence, that she only spent certain evenings with the man at the home, and that she only had permission to be at the home when specifically invited. Pooler v. Commonwealth, 834 S.E.2d 530, 534. § 10. Owner Colo.App.2018. Quot. in sup. Taxpayer who had purchased two adjacent undeveloped parcels, built a house on one parcel, and transferred the undeveloped parcel to her revocable trust appealed after the county assessor denied her request to reclassify the undeveloped parcel as residential land, which was taxed at a lower rate than vacant land. The board of assessment appeals conducted an evidentiary hearing and affirmed. This court reversed and remanded with directions for the board to reclassify the undeveloped parcel as residential land, holding that taxpayer presented sufficient evidence establishing common ownership of both parcels. The court cited the definition of ownership set forth in Restatement of Property § 10 in explaining that ownership of contiguous parcels for purposes of the tax COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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