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Case Citations [1] (April 2023 - August 2023)

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                                  THE   AMERICAN
                                  LAW INSTITUTE



                                       Spring 2023  Citations



                                       PROPERTY



                               DIVISION 3.   FUTURE INTERESTS

                                    PART   1. INTRODUCTION

                    CHAPTER 7. FUTURE INTERESTS DIFFERENTIATED

§ 153. Future Interests Differentiated from Other  Property  Interests

Ct.Fed.C1.2022.  Cit. in sup. Native American village corporation brought, among other things, a takings
claim against the United States, alleging that defendant deprived plaintiff of its reversionary interests in
buildings that were transferred to it from the U.S. Air Force and subject to leases to third-party entities,
because the Air Force later rescinded the transfer and ousted plaintiff. This court granted in part
plaintiff's motion for summary judgment, holding that defendant violated plaintiff's valid reversionary
interests in the buildings through the Air Force's ouster letter. Citing Restatement of Property § 153, the
court rejected defendant's assertion that reversions were future interests that were not violated when
plaintiff was ousted from the property, and explained that reversions were future interests that vest in
existing, nonpossessory estates. Cully Corporation v. United States, 160 Fed.Cl. 360, 381.

Ct.Fed.Cl.2022.  Cit. in sup. Native American village corporation brought, among other things, a takings
claim against the United States, alleging that defendant deprived plaintiff of its reversionary interests in
buildings that were transferred to it from the U.S. Air Force and subject to leases to third-party entities,
because the Air Force later rescinded the transfer and ousted plaintiff This court entered an order
amending  a prior interlocutory decision, holding that a letter from the Air Force rescinding its ouster
letter and recognizing the validity of the buildings' transfer to plaintiff warranted modification of the
court's prior order denying the parties' motion for summary judgment. Citing Restatement of Property §
153, the court observed that plaintiff's takings claim against defendant remained ripe, because plaintiff
retained reversionary interests in the property that vested prior to the ouster, and the wrongful ouster
constituted material interference with plaintiff's interests in the property. Cully Corporation v. United
States, 160 Fed.Cl. 142, 147.

§ 154. Reversionary  Interest-Reversion-Possibility of   Reverter

N.H.2021.  Cit. and quot. in disc. After grantor conveyed real property to grantee subject to a purported
reversionary interest if the property ceased to be used as a golf course, and then transferred the reserved
right to a local nonprofit organization, successor of grantee filed an action to quiet title against
organization, claiming that grantor's transfer of its future interest to organization was void. The trial

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           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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