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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/respdt0058 and id is 1 raw text is: 





        PROPERTY 2: DONATIVE TRANSFERS



 DIVISION   I. SOCIAL  RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY
                          INTERESTS BY DONATIVE TRANSFERS

      PART   II. DIRECT  RESTRAINTS ON ALIENATION IN DONATIVE TRANSFERS

                CHAPTER 4.   VALIDITY OF RESTRAINTS ON ALIENATION

§ 4.1 Validity of Disabling Restraint

D.N.M.2018.  Com. (a) cit. in ftn. Native American tribe brought an action for quiet title against the
United States, alleging that plaintiff had aboriginal title, through exclusive use, possession, and
occupation, over a tract of land; plaintiff subsequently filed a motion in limine to exclude as irrelevant
evidence regarding whether other Native American tribes had also used and possessed the land. This
court denied plaintiff s motion in limine, holding, inter alia, that evidence of other Native American
tribes' activities on the land was relevant because such evidence could prove or disprove plaintiff s
exclusive use, possession, and occupation of the land. The court cited Restatement Second of Property:
Donative Transfers § 4.1, Comment a, in noting that, unlike in common law where restraints on
alienation of real property were generally not enforced, a person could only sell or buy tribal land with
federal authority. Pueblo of Jemez v. United States, 350 F.Supp.3d 1052, 1101.

§ 4.4 Preemptive Provision

Tex.App.2018. Cit. in sup. and in ftn. Grantee of a right of first refusal in certain oil-and-gas leases in
which it held overriding royalty interests sued assignees of grantor, alleging that defendants breached
the right of first refusal. The trial court granted summary judgment for assignees. Reversing and
remanding, this court held, among other things, that assignees failed to show that they were entitled to
summary  judgment on the ground that the right of first refusal was void as an unreasonable restraint on
alienation under Restatement Second of Property: Donative Transfers § 4.4. The court reasoned, in part,
that assignees failed to show that the duration of the right of first refusal was unreasonable as a matter of
law; although assignees argued that the right of first refusal was of unlimited duration, since it was tied
to grantee's overriding royalty interests in the leases, it was necessarily limited to the duration of the
individual leases in which grantee owned an overriding royalty interest. MJR Oil & Gas 2001 LLC v.
AriesOne, LP, 558 S.W.3d 692, 705.



            PART   III. PROVISIONS   IN RESTRAINT OF PERSONAL CONDUCT

                              CHAPTER 5. GENERAL RULES

§ 5.2 Effect of Impossibility of Performance

Cal.App.2018. Cit. and quot. in sup.; coms. (d) and (g) quot. in sup. Beneficiaries of a trust settled by
decedent, who were entitled to receive certain proceeds from the trust if they were employed by
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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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