15 ms·
Depends on the jurisdiction as in Louisiana (Civil Law) that's known as acquisitive prescription.
by downvotetruth 3y ago
Depends on the jurisdiction as in Louisiana (Civil Law) that's known as acquisitive prescription.
- SllX 3y agoLouisiana is a bit of an odd-duck in the Law. Most laws in the United States are largely in the Anglo-American tradition (English, modified by American Constitutional values and subsequent jurisprudence). Its Civil law is more akin to Spanish/French law which is to say law in the Roman tradition.
- dredmorbius 3y agoMy understanding is that water rights law in the Western (or at least southwestern) US is also largely influenced by Napoleonic / Spanish law, as distinguished from that generally east of the Rockies. (Don't take this as gospel, I'm ... not on firm ground here.)
- SllX 3y agoTo a much much lesser degree than Louisiana, there are some French and Spanish influences on California law, but it’s basically Anglo-American for the most part. I won’t speak to the rest of the West.
- dredmorbius 3y agoTo be clear, I'm talking specifically about water rights. The Western rule is typically "prior appropriation", as opposed to "riparian rights" which dominate the Eastern states: Water is very scarce in the West and so must be allocated sparingly, based on the productivity of its use. The prior appropriation doctrine developed in the Western United States from Spanish (and later Mexican) civil law and differs from the riparian water rights that apply in the rest of the United States. <https://en.wikipedia.org/wiki/Prior-appropriation_water_rights https://en.wikipedia.org/wiki/Prior-appropriation_water_righ...> Not relevant to TFA, just a note on law and its varying origins within US jurisdictions.