Definitions
from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun Plural form of
servitude .
Etymologies
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Examples
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3 So too the rights appurtenant to land, whether in town or country, which are usually called servitudes, are incorporeal things.
The Institutes of Justinian John Baron Moyle 1891
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OpEdNews - Diary: American Governments: HOAs under servitudes law & local government under constitutional law
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However, this legal authority on real property laws and servitudes devotes its entire Chapter 6, some 278 pages or about half of Volume II, to homeowners association governance, admits that the HOA has "substantial power to affect both the quality of life and financial health of their member."
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Diary Entry by George Staropoli (about the author) yahooBuzzArticleHeadline = 'American Governments: HOAs under servitudes law & local government under constitutional law'; yahooBuzzArticleSummary = 'Two forms of governance eist that are clearly distinct and incompatible, having come to present times from two paths, one concerned with the control of real property interests by groups or associations of persons, and the other concerned with the democratic governance of a people.'
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The government of our Founding Fathers, an experiment in democratic representative government, having endured some 220 years is under attack from the real property legal academic aristocrats who, having commented in their establishment of rules for HOAs, the restatement of law - servitudes, advocate: "The question whether a servitude unreasonably burdens a fundamental constitutional right is determined as a matter of property law, and not constitutional law."
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American Governments: HOAs under servitudes law & local government under constitutional law
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Private governments, namely the homeowners association (HOA), are the governing body of a subdivision that is subject to CC&Rs under servitudes law.
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The former path has evolved into what is know today as the law of servitudes that govern homeowners associations, and the latter is known as constitutional law that governs all other American government entities.
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And, in the Introduction (emphasis added), "This Restatement presents a comprehensive modern treatment of the law of servitudes ...." and then claims that "it preserves the judiciary's traditional role of protecting the public interest in maintaining the social utility of land resources."
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The people have been rendered powerless when the burden of proving unconstitutionality falls to them, and when legal scholars for the real estate business interests declare the laws of equitable servitudes that govern homeowners associations superior to the Constitution.
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