Basic Landowner Basic Landowner RightsRights

Unit: Owning PropertyUnit: Owning Property

Lesson: Basic Landowner RightsLesson: Basic Landowner Rights

Key DefinitionsKey Definitions

•Right – power or privilege Right – power or privilege that is entitled to someonethat is entitled to someone

•Ownership – to have or hold Ownership – to have or hold as property; to have legal as property; to have legal title totitle to

Landowner Rights???Landowner Rights???

• Land use – farming, mining, Land use – farming, mining, dumping, logging, hunting, grazing, dumping, logging, hunting, grazing, mowingmowing

• InsuranceInsurance• Tax RateTax Rate• SubdivisionSubdivision• Leasing/Renting/SellingLeasing/Renting/Selling• Government ProgramsGovernment Programs

What is a Farm?What is a Farm?

•An area An area under under ownership ownership used to raise used to raise crops or crops or graze graze animalsanimals

What is a Homestead?What is a Homestead?

•The home on a piece of The home on a piece of land where a landowner land where a landowner liveslives

•Land is the ground owned Land is the ground owned by someone made up of by someone made up of boundariesboundaries

Homestead Act of 1862Homestead Act of 1862

• Signed into law by Abraham Signed into law by Abraham LincolnLincoln

• Gave 160 acres of land to Gave 160 acres of land to settlers as an encouragement settlers as an encouragement to move westwardto move westward

• Cost $18. in filing feesCost $18. in filing fees

Homestead Act of 1862 Homestead Act of 1862 cont’d.cont’d.

• Had to be at least 21 years Had to be at least 21 years old and head of a householdold and head of a household

• Had to build a home, make Had to build a home, make improvements, and farm for improvements, and farm for at least 5 years before at least 5 years before “proving up” (owning the “proving up” (owning the land)land)

BoundariesBoundaries

•Lines that Lines that define the define the limits of a limits of a piece of landpiece of land

•Defined by Defined by “visible “visible markers”markers”

•Described Described by metes by metes and boundsand bounds

Boundaries Cont’d.Boundaries Cont’d.

•May have a “meandering May have a “meandering line”line”

•Extend to the center of the Extend to the center of the earthearth

•Extend indefinitely upwardExtend indefinitely upward

Boundary GuidelinesBoundary Guidelines

•RoadsRoads•StreamsStreams•TreesTrees•FencesFences•WallsWalls•HedgesHedges

• StonesStones• StumpsStumps• PinsPins• StakesStakes• Local Local

Enforced Enforced LawsLaws

Can the Government Can the Government take MY LAND?take MY LAND?

•The Law of Eminent DomainThe Law of Eminent Domain– Right of the government to Right of the government to

take private property for take private property for public usepublic use•Highways, power lines, Highways, power lines, cemetery, school groundscemetery, school grounds

Eminent Domain Eminent Domain

•Owner Owner “should” be “should” be paid for a paid for a reasonable reasonable value of the value of the land takenland taken

Local ExamplesLocal Examples

•Bloomsburg Flood Wall – Bloomsburg Flood Wall – Proposed ProjectProposed Project

• Interstate 80Interstate 80•Local Municipal buildingsLocal Municipal buildings

What is a Right of What is a Right of Way?Way?

•The right or privilege to The right or privilege to pass over the land of pass over the land of anotheranother

•Specific strip of land for Specific strip of land for travel to and from other travel to and from other propertiesproperties

Right of Ways cont’d.Right of Ways cont’d.

• Examples of right of ways include:Examples of right of ways include:– Land locked propertyLand locked property– Utility Agreements (electrical, Utility Agreements (electrical,

natural fuels, communications, natural fuels, communications, etc.)etc.)

– Natural obstructionsNatural obstructions– Zoning RestrictionsZoning Restrictions– Shared driveways/roadwaysShared driveways/roadways

More Property More Property Ownership RightsOwnership Rights

•Marking of propertyMarking of property– Privacy, Use of property, Privacy, Use of property,

Safety concernsSafety concerns

•Posting of propertyPosting of property– Hunting, Fishing, Trapping, Hunting, Fishing, Trapping,

Trespassing, Trespassing,

Foreclosure Vs. Foreclosure Vs. BankruptcyBankruptcy

• Foreclosure is the process of a Foreclosure is the process of a lender gaining control of lender gaining control of secured property secured property

• Bankruptcy is when a person Bankruptcy is when a person has more debts than assets has more debts than assets and chooses to free himself and chooses to free himself from the debtfrom the debt

““Touchy” SituationsTouchy” Situations

• Rent/LeaseRent/Lease• Crop Crop

ownershipownership• Game Game

ownershipownership• Formation of Formation of

BusinessesBusinesses

•ForeclosureForeclosure•Selling of Selling of

LandLand•Damage to Damage to

Land or Land or CropsCrops

Types of BusinessesTypes of Businesses

•Sole ProprietorshipSole Proprietorship•PartnershipPartnership•CorporationCorporation

Some Government Some Government Programs for Programs for LandownersLandowners

•Clean and GreenClean and Green•Conservation Reserve Conservation Reserve

Enhancement ProgramEnhancement Program•Farmland PreservationFarmland Preservation

Clean and GreenClean and Green

•Established in PA in 1974Established in PA in 1974•Designed to preserve Designed to preserve

farmland, forest land, and farmland, forest land, and open space by taxing land open space by taxing land according to its productive according to its productive value instead of its market value instead of its market valuevalue

Clean and Green Clean and Green cont’d.cont’d.

•Min. of 10 acres to enrollMin. of 10 acres to enroll•Land taken out of program Land taken out of program

subject to penalty rollback subject to penalty rollback tax for 7 years plus interesttax for 7 years plus interest

C.R.E.P.C.R.E.P.• Conservation Reserve Enhancement Conservation Reserve Enhancement

ProgramProgram• Pays landowners and farmers to create Pays landowners and farmers to create

conservation cover plantings, reduce conservation cover plantings, reduce soil erosion, improve water quality, soil erosion, improve water quality, and improve wildlife habitat while and improve wildlife habitat while increasing income on marginal landincreasing income on marginal land

• **Refer to handout and video****Refer to handout and video**

Farmland PreservationFarmland Preservation

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

Lesson ClosureLesson Closure

•Summarize various Summarize various landowner rightslandowner rights

•Review the importance of Review the importance of the Homestead Actthe Homestead Act

•List and describe land List and describe land boundariesboundaries

Lesson Closure Lesson Closure cont’d.cont’d.

• Define the Law of Eminent Define the Law of Eminent DomainDomain

• Discuss issues concerning right Discuss issues concerning right of waysof ways

• Identify various government Identify various government programs for landownersprograms for landowners