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Some specific restraints on alienation in the United States include: Disabling restraints To be effective the grantor must sue the grantee for enforcement. The effectiveness of the lawsuit could prevent the transfer from being made. In addition, if the disabling restraint is found to be unconstitutional the restraint will not be effective.
[E]ven if I agreed with the majority that the removal of restraints on alienation should trigger the application of state limitations periods, the 1959 Act lifted only statutory restrictions on the alienation of Catawba land, and the requirement that the Federal Government approve any transfer of the property at issue in this case did not, and ...
The Nonintercourse Act did not pre-empt the states from legislating additional restraints on alienation of Native American lands. [50] Many states, including nearly all of the original Thirteen, enacted similar statutes for at least some lands during at least some time periods. [51]
[2] [3] [4] Most property is alienable, but some may be subject to restraints on alienation. Some objects are now regarded as ineligible for becoming property and thus termed inalienable, such as people and body parts. [citation needed] Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions.
Gray wrote two books on future interests, Restraints on the Alienation of Property (1883), and The Rule against Perpetuities (1886). His best known work is his survey of the common law, The Nature and Sources of the Law (1909). Gray's writings were so influential that they are still used in American law schools and cited in law journals to this ...
For the first time in American history, racial distinctions were omitted from the U.S. Code. The 1952 Act established a simple 4-class preference system within quotas, reserving first preference for immigrants of special skills or abilities needed in the U.S. workforce, and allotting the second, third, and fourth preferences to relatives of U.S ...
The Migrant and Seasonal Agricultural Worker Protection Act (AWPA or MSPA) (public law 97-470) (January 14, 1983), codified at 29 U.S.C. §§ 1801-1872, is the main federal law that protects farm workers in the United States and repealed and replaced the Farm Labor Contractor Registration Act (P.L. 88-582).
Restraint on alienation, in property law, a clause that seeks to prohibit the recipient of property from transferring his or her interest; Restraint of trade, a restriction on a person's freedom to conduct business; Vertical restraints, agreements between firms or individuals at different levels of the production and distribution process