iPedia Free Information Center

Information about Homestead Principle

This article is about the homestead principle as part of positive law. For the use of the homestead principle in ethics, see homestead principle (ethics).
The Homestead principle in law is the concept that one can gain ownership of a property that currently has no owner by using that property.

Implications

In international law as well as U.S. law, there are various ways in which one can establish ownership of a piece of property. The most obvious and direct application of the homestead principle is a situation in which a group of explorers discover some previously unknown land and build a literal homestead there. However, in recent times, the homestead principle has also been applied to other things besides land: for example an item of property, or a non-tangible asset such as a business name. For instance, someone creates a company and names it something unique and new like, "Margaret's Cupcake and Squid Mashing Factory", and advertises this company name for a while, using it to do business (successfully or not). They have ownership of their company name by the Homestead principle. Then, if they get successful, and someone else creates a new company with the same name ("Margaret's Cupcake and Squid Mashing Factory"), Margaret can sue for trademark infringement and probably win.

In maritime law, salvage rights are extended to finders of shipwrecks or other abandoned property.

In 2001, Gregory W. Nemitz made a claim in U.S. Federal Court on 433 Eros (a fairly large asteroid - 13 x 13 x 33km). His claim was based on a variation of the homestead principle, which states that persons (or organizations) gain ownership of unowned things based on the amount of equity they invest in that thing. His claim was also based on the fact that the U.S. Federal Government cannot own any object in outer space (by obligation under the Outer Space Treaty, which carries the force of law). He, as a private citizen, claimed the property based on the equity of his legal acquisition work, private study of, and interest in the property. His claim and subsequent appeal were denied, but they illustrated a problem with the homestead principle: Can someone hold a legal claim over a piece of land that he never set foot on? If yes, then how much land can be claimed in this manner? It would be possible, for example, for persons to claim ownership over entire planets.

History in the United States

In 1862, the U.S. Congress passed the Homestead Act distributing land to people who farmed it. This allowed anyone who settled on (and improved) land to own it.

See also

External links

Positive law is a legal term having more than one meaning. In a general legal sense, positive law is man-made law, that is, law established by governmental authority, especially that which has been codified into a written form (statutory law).
..... Click the link for more information.
Ethics (via Latin ethica from the Ancient Greek ἠθική [φιλοσοφία]
..... Click the link for more information.
Libertarianism

Schools of thought
Agorism
Anarcho-capitalism
Geolibertarianism
Green libertarianism
Right-libertarianism
Left-libertarianism
Minarchism
Neolibertarianism
Paleolibertarianism
Progressive libertarianism


..... Click the link for more information.
International law can refer to three distinct legal disciplines.
  • public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.

..... Click the link for more information.
law of the United States was originally largely derived from the common law of the system of English law, which was in force at the time of the Revolutionary War. However, the supreme law of the land is the United States Constitution and, under the Constitution's Supremacy Clause,
..... Click the link for more information.
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license).
..... Click the link for more information.
Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of private international law governing the relationships between private entities which operate vessels on the oceans.
..... Click the link for more information.
Salvage may refer to:
  • Salvage archaeology
  • Salvage Data, the process of rescuing data
  • Salvage ethnography
  • Marine salvage
  • Salvage tug
  • Salvage, a 2006 film
  • Salvage 1, an 1979 ABC science fiction-comedy series
  • "Salvage" (

..... Click the link for more information.
shipwreck or sunken ship can refer to the remains of a wrecked ship or to the event that caused the wreck, such as the striking of something that causes the ship to sink, the stranding of the ship on rocks, land or shoal, or the destruction of the ship at sea by violent
..... Click the link for more information.
21st century - 22nd century
1970s  1980s  1990s  - 2000s -  2010s  2020s  2030s
1998 1999 2000 - 2001 - 2002 2003 2004

2001 by topic:
News by month
Jan - Feb - Mar - Apr - May - Jun
..... Click the link for more information.
Motto
"In God We Trust"   (since 1956)
"E Pluribus Unum"   ("From Many, One"; Latin, traditional)
Anthem
..... Click the link for more information.
433 Eros

This picture of Eros shows the view looking from one end of the asteroid across the gouge on its underside and toward the opposite end.
..... Click the link for more information.
Asteroids, also called minor planets or planetoids, are a class of astronomical objects. The term asteroid is generally used to indicate a diverse group of small celestial bodies in the solar system that orbit around the Sun.
..... Click the link for more information.
At the start of a business, owners put some funding into the business to finance assets. Businesses can be considered for accounting purposes to be sums of liabilities and assets; this is the accounting equation.
..... Click the link for more information.
Outer space, sometimes simply called space, refers to the relatively empty regions of the universe outside the atmospheres of celestial bodies. Outer space is used to distinguish it from airspace (and terrestrial locations).
..... Click the link for more information.
The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law.
..... Click the link for more information.
The Homestead Act was a United States Federal law that gave freehold title to 160 acres (one quarter section or about 65 hectares) of undeveloped land in the American West.
..... Click the link for more information.
Broadly defined, homesteading is a lifestyle of simple, agrarian self-sufficiency.

History

North America

In the United States, the Homestead Act (1862) allowed anyone to claim up to 160 acres (64.7 hm²) of land.
..... Click the link for more information.
Homestead exemption is a legal regime designed to protect the value of the homes of residents from property taxes, creditors, and circumstances arising from the death of the homeowner spouse.
..... Click the link for more information.


This article is copied from an article on Wikipedia.org - the free encyclopedia created and edited by online user community. The text was not checked or edited by anyone on our staff. Although the vast majority of the wikipedia encyclopedia articles provide accurate and timely information please do not assume the accuracy of any particular article. This article is distributed under the terms of GNU Free Documentation License.
Herod_Archelaus


page counter