Fejfar on Nuisance Law

FEJFAR ON NUISANCE LAW

Nuisance Law is a hybrid of Property Law and Tort Law. The general idea of nuisance law is that a neighboring landowner can bring an action in tort for nuisance against an adjoining landowner who is using his or property in a way which unreasonably harms the person, financial interests, or property of the harmed adjoining landowner. Thus, there is the Latin phrase, "Sic Utere Tuo ut Alienum non Laedas," which means, "You cannot unreasonably use your property in such a way that it unreasonably harms another." In this sense, we can see that Private Property rights are not absolute, and instead, any property interest must be interpreted in light of The Rule of Reason. (See Grotius, Natural Rights and Natural Law 1625 A.D.) Thus, it is not an Unconstitutional Taking of Property for Purposes of the 5th or 14 Amendments, when property or a business is subject to reasonable business regulation. See generally, Justice Holmes' Judicial Opinion, in the case of Pennsylvania Coal Co. vs. Mahon, 260 U.S. 393 (1922) (Any governmental regulation of business and or property is valid if it is reasonable and is rationally related to a legitimate state interest, however, if a regulation goes too far by being unreasonable, then this constitutes an unconstitutional taking of property for purposes of the Takings and Substantive Due Process Clauses of the 5th and 14 Amendments to the United States Constitution. And, Reason is defined, using cognitive of faculty psychology as a composite of love, logic, and intuition, where "love' is defined as a positive feeling flowing outward, and where "logic" is defined as a statement, proof, or argument which does not involve a logical contradiction such as (A and not A), in the same time and in the same place, and, where, "intuition" is defined as that cognitive faculty which involves the use or high speed preconscious or unconscious analogical thought processes.