Tennessee's claim that it should continue to control the land stems from "acquiescence, " a concept in property law that it has the right to keep a boundary if it is not contested over a long period.
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The property right of the Zouheils in the partnership is personal property and is governed by the law of their matrimonial domicile at the time of its acquisition in this case, Morocco.
The law also requires that any document which may establish any right to a property must be recorded in accordance with Article 34 of the above-cited law.
The challenge will be to engage on fundamental reform and return to sound money under a rule of law that safeguards persons and property, including the property right a person has in the future value of money.
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The poorest countries can hope to catch up if they establish the basic economic institutions (starting with property rights and the rule of law) and do lots of other things right.
"While this case was about one stream, the wider implication is we had a property owner trying to turn back the law to the view of the public right of navigation that existed before the Moose River decision, " Caffrey said.
The law would give every family the right to protect themselves and their property "without worrying about prosecution for protecting themselves, " Cronic told the meeting.
And, like all agencies, it may not arbitrarily or capriciously render determinations absent any evidence or explanation or by unexpectedly and inexplicably abandoning a prior position or policy, and it may not engage in the unconstitutional deprivation of property absent due process or the unconstitutional violation of the right to equal protection of the law.
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How can the due process clause he cited--"nor shall any State deprive any person of life, liberty, or property, without due process of law"--be used to create a new "right" out of whole cloth?
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