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1 Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/relwprpty0251 and id is 1 raw text is: PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS Introductory Note C.A.9, 2015. Intro. Note cit. in sup. Board of trustees charged with administering ERISA trust funds brought an action against company's president, a Chapter 7 debtor, seeking to have a debt arising from company's unpaid employer contributions to employee-benefit plans excepted from discharge as a debt incurred by defalcation. The bankruptcy court entered judgment for creditor and the district court affirmed. Reversing and remanding, this court held that unpaid contributions to benefit funds were not plan assets and debtor did not qualify as an ERISA fiduciary. The court cited the Introductory Note to Chapter 1 of the Restatement of Property in reasoning that property could include intangibles, and explained that the appropriate question was whether debtor had control over the contractual right to collect unpaid contributions, and not whether debtor controlled the money it was obligated to pay. Bos v. Board of Trustees, 795 F.3d 1006, 1010. DIVISION 2. FREEHOLD ESTATES CHAPTER 4. ESTATES IN FEE SIMPLE DEFEASIBLE TOPIC 1. CREATION OF AN ESTATE IN FEE SIMPLE DEFEASIBLE § 45. Fee Simple Subject to a Condition Subsequent-Form of Limitation Ct.Fed.Cl.2015. Quot. in sup. Owners of real property adjacent to railroad right-of-ways conveyed by, inter alia, a side-track deed brought an action against the United States, alleging that the government committed a Fifth Amendment taking by authorizing conversion of the rights-of-way into recreational trails, and that, if the surface-transportation board had not issued a Notice of Interim Trail Use or Abandonment, plaintiffs' right to their property would have been free of any easement. This court granted in part defendant's motion for summary judgment, holding that the board's issuance of the notice did not disturb plaintiffs' property rights, because the railroad company had fee-simple title to the property. Citing Restatement of Property § 45, the court determined that the side-track deed had conveyed a fee simple subject to a condition subsequent, and explained that, because there was no evidence that plaintiffs reentered or demanded possession of the parcel after the railroad company breached its agreement to maintain a side track and depot, plaintiffs waived the breach. Memmer v. United States, 122 Fed.Cl. 350, 363. mA lJ r For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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