Case study-boston and the land owners


Please read those 3 Cases illustrated below. Discuss how and why you think or found those 3 cases below are most challenging?

Case 1. BOSTON & THE LAND OWNERS

The City of Boston sought to condemn land in fee simply for use in constructing an entrance to an underground terminal for a subway. The owners of the land contend that no more than surface and subsurface easements are necessary for the terminal entrance and seek to retain air rights above 36 feet. The city argues that any building using this airspace would require structural supports that would interfere with the city's plan for the terminal. The city concedes that the properties around the condemned property could be assembled and structures could be designed to span over the condemned property, in which case the air rights would be quite valuable. Can the city condemn the property?

Case 2. HINES, ARNETT & BUTLER

Hines stored her furniture, including a grand piano, in Arnett's warehouse. Needing more space, Arnett stored Hines's piano in Butler's warehouse next door. As a result of a fire, which occurred without any fault of Arnett or Butler, both warehouses and their contents were destroyed. Hines sues Arnett for the value of her piano and furniture. Decision?

Case 3. ADAM & CARL

Alan issues a $500 note to Bonnie due six months from the date issued. One month later, Bonnie negotiates the note to Carl for $250 in cash and a check for $250. To what extent is Carl an HDC of the note?

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