Basic Landowner Rights Unit: Owning Property Lesson: Basic Landowner Rights

Key Definitions Right – power or privilege that is entitled to someoneRight – power or privilege that is entitled to someone Ownership – to have or hold as property; to have legal title toOwnership – to have or hold as property; to have legal title to

Landowner Rights??? Land use – farming, mining, dumping, logging, hunting, grazing, mowingLand use – farming, mining, dumping, logging, hunting, grazing, mowing InsuranceInsurance Tax RateTax Rate SubdivisionSubdivision Leasing/Renting/SellingLeasing/Renting/Selling Government ProgramsGovernment Programs

What is a Farm? An area under ownership used to raise crops or graze animalsAn area under ownership used to raise crops or graze animals

What is a Homestead? The home on a piece of land where a landowner livesThe home on a piece of land where a landowner lives Land is the ground owned by someone made up of boundariesLand is the ground owned by someone made up of boundaries

Homestead Act of 1862 Signed into law by Abraham LincolnSigned into law by Abraham Lincoln Gave 160 acres of land to settlers as an encouragement to move westwardGave 160 acres of land to settlers as an encouragement to move westward Cost $18. in filing feesCost $18. in filing fees

Homestead Act of 1862 cont’d. Had to be at least 21 years old and head of a householdHad to be at least 21 years old and head of a household Had to build a home, make improvements, and farm for at least 5 years before “proving up” (owning the land)Had to build a home, make improvements, and farm for at least 5 years before “proving up” (owning the land)

Boundaries Lines that define the limits of a piece of landLines that define the limits of a piece of land Defined by “visible markers” Described by metes and bounds

Boundaries Cont’d. May have a “meandering line”May have a “meandering line” Extend to the center of the earthExtend to the center of the earth Extend indefinitely upwardExtend indefinitely upward

Boundary Guidelines RoadsRoads StreamsStreams TreesTrees FencesFences WallsWalls HedgesHedges Stones Stumps Pins Stakes Local Enforced Laws

Can the Government take MY LAND? The Law of Eminent DomainThe Law of Eminent Domain –Right of the government to take private property for public use Highways, power lines, cemetery, school groundsHighways, power lines, cemetery, school grounds

Eminent Domain Owner “should” be paid for a reasonable value of the land takenOwner “should” be paid for a reasonable value of the land taken

Local Examples Bloomsburg Flood Wall – Proposed ProjectBloomsburg Flood Wall – Proposed Project Interstate 80Interstate 80 Local Municipal buildingsLocal Municipal buildings

What is a Right of Way? The right or privilege to pass over the land of anotherThe right or privilege to pass over the land of another Specific strip of land for travel to and from other propertiesSpecific strip of land for travel to and from other properties

Right of Ways cont’d. Examples of right of ways include:Examples of right of ways include: –Land locked property –Utility Agreements (electrical, natural fuels, communications, etc.) –Natural obstructions –Zoning Restrictions –Shared driveways/roadways

More Property Ownership Rights Marking of propertyMarking of property –Privacy, Use of property, Safety concerns Posting of propertyPosting of property –Hunting, Fishing, Trapping, Trespassing,

Foreclosure Vs. Bankruptcy Foreclosure is the process of a lender gaining control of secured propertyForeclosure is the process of a lender gaining control of secured property Bankruptcy is when a person has more debts than assets and chooses to free himself from the debtBankruptcy is when a person has more debts than assets and chooses to free himself from the debt

“Touchy” Situations Rent/LeaseRent/Lease Crop ownershipCrop ownership Game ownershipGame ownership Formation of BusinessesFormation of Businesses Foreclosure Selling of Land Damage to Land or Crops

Types of Businesses Sole ProprietorshipSole Proprietorship PartnershipPartnership CorporationCorporation

Some Government Programs for Landowners Clean and GreenClean and Green Conservation Reserve Enhancement ProgramConservation Reserve Enhancement Program Farmland PreservationFarmland Preservation

Clean and Green Established in PA in 1974Established in PA in 1974 Designed to preserve farmland, forest land, and open space by taxing land according to its productive value instead of its market valueDesigned to preserve farmland, forest land, and open space by taxing land according to its productive value instead of its market value

Clean and Green cont’d. Min. of 10 acres to enrollMin. of 10 acres to enroll Land taken out of program subject to penalty rollback tax for 7 years plus interestLand taken out of program subject to penalty rollback tax for 7 years plus interest

C.R.E.P. Conservation Reserve Enhancement ProgramConservation Reserve Enhancement Program Pays landowners and farmers to create conservation cover plantings, reduce soil erosion, improve water quality, and improve wildlife habitat while increasing income on marginal landPays landowners and farmers to create conservation cover plantings, reduce soil erosion, improve water quality, and improve wildlife habitat while increasing income on marginal land **Refer to handout and video****Refer to handout and video**

Farmland Preservation Protects quality farmland from the urbanization of rural areas (discussed in more detail in Lesson #3)Protects quality farmland from the urbanization of rural areas (discussed in more detail in Lesson #3)

Lesson Closure Summarize various landowner rightsSummarize various landowner rights Review the importance of the Homestead ActReview the importance of the Homestead Act List and describe land boundariesList and describe land boundaries

Lesson Closure cont’d. Define the Law of Eminent DomainDefine the Law of Eminent Domain Discuss issues concerning right of waysDiscuss issues concerning right of ways Identify various government programs for landownersIdentify various government programs for landowners