Improving the system for how right-of-way (R/W) parcels are acquired for transportation projects in Texas can benefit the state. Currently, the Texas Department of Transportation (TxDOT) is allowed to obtain a property through negotiation or condemnation, meaning going through the court system. However, gaining parcels through condemnation not only increases project durations but also project budgets, which are both detrimental to public interests. These monetary and time concerns justify the need to develop strategies to streamline how TxDOT acquires R/W properties. This thesis aims to identify strategies that have the most significant positive impact on reducing a state’s condemnation rate, costs, and durations, while still being viable for the agency to implement. As states around the nation have already realized the benefit and made significant progress to reduce their condemnation rates, they act as models for Texas. Thus, extensive interviews with 25 representatives from transportation agencies around the nation and an extensive literature review are used to gather and evaluate applicable strategies. Similarly, applicable national and state laws and court cases have been reviewed to ensure the feasibility of the strategies. / text

To maintain high levels of proficiency and readiness the U.S. Army trains its soldiers on military bases across the country. However, the Army currently possesses an insufficient amount of land with which to train on, necessitating an expansion of current bases. This paper explores the Army's land acquisition policies, using as case studies the ongoing expansions at Fort Carson in Colorado and Fort Polk in Louisiana. Fort Carson, which announced expansion plans in 2006, faced strong opposition and the project has ground to a halt. In early 2009 Fort Polk announced a 100,000-acre expansion. They have utilized a broad public outreach program and promised on numerous occasions not to use eminent domain to acquire privately-held land. As a result, the Polk expansion has proceeded much more smoothly. Using lessons learned from the pair of case studies, this paper then presents a list of best practices the Army can use for future land acquisition projects. / text

The costs of acquiring parcels by condemnation are usually significantly higher than those for property acquired by negotiation, suggesting that Right-of-Way (R/W) acquisition costs may best be described by two different regression equations. This paper develops a switching regression model of acquisition cost to simultaneously predict the probability of whether a parcel will go to condemnation rather than be acquired via negotiation and the corresponding acquisition costs under these two regimes. The error terms of the selection equation and the two cost equations follow a trivariate normal distribution to reflect correlations across unobserved factors (such as a land owner's tenacity or a site's view value). When this model is calibrated using data on properties acquired across the state of Texas for transportation projects between 2008 and 2011, results suggest that R/W appraisers and staff should pay special attention to commercially used parcels in urban areas involving a partial taking with a relatively small remainder. Comparison of cost estimates between the two regimes (condemnation vs. negotiation) suggests that condemned parcels will have, on average, 78% higher acquisition costs across the 1,710 acquired properties and 51% greater price variation. These results suggest that it is much more costly to acquire a property and more difficult to accurately predict its costs if it cannot be acquired via negotiation. The application of model estimates to an example corridor highlights the value of simulation to capture all modeling uncertainties. This two-regime model is further extended to a three-category multinomial endogenous switching, allowing for differential cost estimates across negotiation-deed, administrative settlement, and condemnation contexts. A model of acquisition time -- from the agency's initial-offer date to its final possession date is also developed, to examine the effects of condemnation on acquisition duration. The results suggest that condemnation proceedings add approximately 7 to 8 months, on average, to parcel acquisitions by the Texas Department of Transportation. Taken together, such switching models for condemnation versus negotiated settlement highlight the benefits of avoiding condemnation proceedings in R/W acquisition. Estimation results illuminate the relative importance of various parcel and owner attributes, impacting the nature and cost of acquisition, and enhancing opportunities for R/W staff to identify more contentious properties and establish more reliable budget estimates. / text

South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of Water Affairs and Forestry has been appointed to act as trustee of the nation's water resources. Through the working of section 4(4), exclusive rights of water use, which were in force before 1998, were replaced by water allowances, granted in the discretion of the relevant authority. The key issue, which is investigated in this article, is whether the state, through the provisions of the National Water Act, expropriated vested rights in property or whether such infringement merely constituted a deprivation. The new concept of property in terms of section 25 of the Constitution of the Republic of South Africa and the distinction between deprivation and expropriation are examined. It is indicated that the concept of property in South African law has been extended to include not only ownership but also rights in property. Although no definition of property has been formulated in the Constitution, it appears from applicable authority, that this development in the law of property is supported by the Constitution and that the protection granted by the property clause will stretch as far as the inclusion of rights in property. It is for this reason that the existing water use rights, which were available to certain individuals in terms of the 1956 Water Act, can be classified as property. Section 25(1) authorises the infringement of private property in certain defined instances. Despite the many academic works which define the difference between deprivation and expropriation as described in section 25(2), the Constitutional Court clarified this matter in First National Bank of SA Ltd Va Wesbank v Commissioner for the South African Revenue Services 2002 7 BCLR 702 (CC). Expropriation is described as a sub-category of deprivation. Section 25(1) must thus be used as the starting point in all cases in which an investigation is conducted into the constitutional validity of an infringement of property. Only when it has been established that the requirements of section 25(1) have been complied with, is the question of whether deprivation constitutes expropriation, asked. The requirements for deprivation, expropriation and inverse condemnation are discussed with reference to applicable case law. After the aim of the National Water Act was weighed up against the disadvantages which individuals suffer through the infringement of their vested rights, the conclusion was reached that the nation's need for sustainable water resources carries more weight than the individual's exclusive right of use of water. A constitutionally valid deprivation has thus occurred. Due to the fact that the state did not appropriate any rights in this process, the conclusion was reached that this provision does not amount to an expropriation. It does however appear that the provisions of the National Water Act can give rise to inverse condemnation or constructive expropriation in specific circumstances. / Thesis (LL.M. (Estate Law))--Potchefstroom University for Christian Higher Education, 2003.

South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of Water Affairs and Forestry has been appointed to act as trustee of the nation's water resources. Through the working of section 4(4), exclusive rights of water use, which were in force before 1998, were replaced by water allowances, granted in the discretion of the relevant authority. The key issue, which is investigated in this article, is whether the state, through the provisions of the National Water Act, expropriated vested rights in property or whether such infringement merely constituted a deprivation. The new concept of property in terms of section 25 of the Constitution of the Republic of South Africa and the distinction between deprivation and expropriation are examined. It is indicated that the concept of property in South African law has been extended to include not only ownership but also rights in property. Although no definition of property has been formulated in the Constitution, it appears from applicable authority, that this development in the law of property is supported by the Constitution and that the protection granted by the property clause will stretch as far as the inclusion of rights in property. It is for this reason that the existing water use rights, which were available to certain individuals in terms of the 1956 Water Act, can be classified as property. Section 25(1) authorises the infringement of private property in certain defined instances. Despite the many academic works which define the difference between deprivation and expropriation as described in section 25(2), the Constitutional Court clarified this matter in First National Bank of SA Ltd Va Wesbank v Commissioner for the South African Revenue Services 2002 7 BCLR 702 (CC). Expropriation is described as a sub-category of deprivation. Section 25(1) must thus be used as the starting point in all cases in which an investigation is conducted into the constitutional validity of an infringement of property. Only when it has been established that the requirements of section 25(1) have been complied with, is the question of whether deprivation constitutes expropriation, asked. The requirements for deprivation, expropriation and inverse condemnation are discussed with reference to applicable case law. After the aim of the National Water Act was weighed up against the disadvantages which individuals suffer through the infringement of their vested rights, the conclusion was reached that the nation's need for sustainable water resources carries more weight than the individual's exclusive right of use of water. A constitutionally valid deprivation has thus occurred. Due to the fact that the state did not appropriate any rights in this process, the conclusion was reached that this provision does not amount to an expropriation. It does however appear that the provisions of the National Water Act can give rise to inverse condemnation or constructive expropriation in specific circumstances. / Thesis (LL.M. (Estate Law))--Potchefstroom University for Christian Higher Education, 2003.

This study was conducted to investigate the causes and the effects of breed, gender and season on carcass condemnations post-mortem in a large South African abattoir. Condemnation of carcasses as a results of animal diseases and conditions has been identified as a problem in the South African beef industry, but the causes and extent of carcass condemnations have not been studied in detail. The importance of cattle management during transportation and pre-slaughter is generally appreciated, but a better understanding of the influence of breed, gender and season on the prevalence of carcass condemnations can help to improve slaughter management at large abattoirs. Diseases and conditions evaluated during this study were parafilaria, bruising, soiling, fever, peritonitis and pleuritis, abscesses, measles, oedema and intramuscular haemorrhage. Breeds of cattle slaughtered were Friesland, Bonsmara, Brahman, Angus, Afrikander, Hereford and Nguni cattle, grouped as males and females, and the seasonal effects investigated were confined to Autumn, Winter and Summer combined with Spring as it was not easy to distiquish between the two. Data was collected in a Grade A abattoir in South Africa in 2010. The experimental design involved 42 combinations based on their effects and interactions namely 7 breeds x 2 genders x 3 seasons. The model used in this procedure was based on the presence of conditions = (Intercept) x i x j x k where i~breed, j~gender and k~season. The binary response variable was the presence (value = 1) or absence (value = 2) of the respective condition. Overall, the significant order and extent of causes of bovine carcass condemnations evaluated in this particular abattoir during the period of study were peritonitis and pleuritis at 2.49%, soiling 2.33%, bruising 2.10%, parafilaria 0.54%, while other conditions had a negligible effect. Almost half of these carcass condemnations were due to soiling and bruising, which can be addressed by implementing better abattoir management and better management during transportation. Peritonitis and pleuritis were prevalent to a greater degree in Autumn, Soiling in Summer, bruising in winter and parafilaria more prevalent in Summer as well. Bonsmara bulls were more affected by peritonitis and pleuritis, soiling, bruising and parafilari compared to other breeds.. Overall breed, gender and season influenced carcass condemnations in large South African abattoir It is suggested that proper dehorning should be done at an early stage, especially in bulls of breeds like Bonsmara, Nguni, Friesland and Hereford, which predispose cattle to bruising which increases the number of carcass condemnations. Steps should be taken (i.e. proper handling techniques should be applied) to avoid injuries which may lead to internal bleeding, and eventually bruises (most probably due to fighting during transportation or in lairage), that can be avoided by using improved and upgraded facilities which include enough space per animal. In case of soiling, well-trained slaughter personnel, cattle handlers and cleaners should be hired to prevent bile and soil contamination during evisceration and to avoid mud or manure contamination durinmg lairage. It is recommended that employees be trained to help reduce the high rate of carcass condemnations. Breeds like Bonsmara and Brahman were more susceptible to peritonitis, pleuritis and parafilaria, so treatrment programmes are advisable for these breeds, especially those from regions where these conditions or diseases are more prevalent. / Dissertation (MSc Agric)--University of Pretoria, 2013. / gm2014 / Animal and Wildlife Sciences / unrestricted

A presente dissertação de mestrado tem por escopo examinar os aspectos fundamentais do usucapião coletivo, instituto previsto no art. 1.228, §§ 4º e 5º, do Código Civil de 2002. A dissertação é composta de oito capítulos. Nos primeiros, é apresentada pesquisa acerca da evolução histórica do instituto do usucapião e de seus atributos em outros países (Portugal, Alemanha, Itália e Argentina). A seguir, esmiuçou-se o direito à propriedade e à moradia, suas implicações, limitações, bem como o aspecto da função social coligada à propriedade e à posse. Adiante, foram analisadas as modalidades de usucapião previstas na legislação brasileira, seus requisitos e especificidades. Por fim, procurou-se, com mais detalhe, responder questões polêmicas relacionadas ao instituto previsto nos parágrafos 4º e 5º art. 1228, do Código Civil de 2002, dentre elas se trata de modalidade de usucapião ou de desapropriação; de quem seria a responsabilidade pelo pagamento da indenização prevista no parágrafo 5º e quais os critérios para sua quantificação; o que seria utilização por número considerável de pessoas; quais características deveriam possuir as obras e serviços realizados no imóvel usucapiendo; além de questões processuais e registrais relacionadas, principalmente, à propositura e/ou oposição, citação e registro da sentença. / This dissertation has the aim to examine the fundamental aspects of collective adverse possession, institute preview in the article Nº 1228, §§ 4th and 5th of the Civil Code of 2002. The dissertation consists of eight chapters. In the first, is presented research on the historical evolution of the institute of adverse possession and their attributes in other countries (Portugal, Germany, Italy and Argentina). Then broke in pieces the right to property and housing, its implications, limitations, and the aspect of social function related to ownership and possession. Ahead, we analyzed the terms of adverse possession provided in Brazilian law, its requirements and specificities. Finally, it was, with more detail, answering controversial issues related to the institute provided in paragraphs 4th and 5th of article nº 1228 of the Civil Code, among them if is a type of adverse possession or condemnation; who would be responsible for payment of compensation referred to in paragraph 5th and the criteria for quantifying it; what would be used by large number of people; which features should have the works and services performed in the possession property; in addition to procedural issues and matters relating mainly to the initiation and/or opposition, summoning and record of the declaratory judgment.

Apesar do reconhecimento da relevante contribuição epidemiológica dos registros de condenação em abatedouros, é escassa a divulgação sobre estudos referentes às circunstâncias relacionadas com as apreensões em matadouros de frangos. Avaliaram-se dez anos de registros oficiais de condenação em um abatedouro sob inspeção federal no Estado de São Paulo, obtendo-se informações a respeito de 24 causas de apreensão. Análises de tendência, sazonalidade e de componente cíclico foram efetuadas para 21 variáveis. Isto é discutido frente às dificuldades na obtenção sistemática e fidedigna de dados, propondo-se a utilização de programas informatizados para análise dos registros mensais em tempo real, o que possibilita a reavaliação dos programas de controle para as enfermidades desencadeantes das apreensões. Abordaram-se aspectos legislativos da inspeção de aves, enfocando limitações internacionais e particularidades de alguns processos patológicos, sugerindo adequação em determinados procedimentos sanitários. Destacou-se a comparação de dados locais com apreensões de vários países e o impacto interpretativo de diferentes metodologias de análise na concepção das ocorrências. As avaliações permitiram concluir que abordagens informatizadas para sazonalidade e ciclicidade nas séries temporais de apreensões podem incrementar o poder da verificação de programas HACCP. Além disso, observou-se maior poder para revelação de padrões, pela associação dos dois tipos de análise. / There is a lack of studies for circumstances related to poultry abattoir condemnations, despite its wide recognition as a relevant source of epidemiological information. Ten year official condemnation records were issued for one federal inspected slaughterhouse in São Paulo State, Brazil, gathering data about 24 condemnation causes. Global, seasonal and cyclical trends were evaluated for 21 variables, which were further debated concerning trouble reporting of systematic reliable data. Furthermore, the study suggests software packages utilization for real-time monthly data analysis, which in turn leads to control schedules reevaluation for condemnation disease determinants. Legislative approach to poultry inspection, focusing on international limitations and pathological process features were asked for sanitary procedures adequacy. The local and several countries data comparison, besides different analytical methodology impact were highlighted. The conclusion assigns that time series seasonal and cyclical computerized analysis can enhance HACCP\'s verification power and better reveal patterns when combined.

Orientador: Roberto de Oliveira Roça / Resumo: Das principais zoonoses detectadas pelo serviço de inspeção oficial durante o exame post-mortem, a cisticercose e a tuberculose merecem destaque pela importância que possuem para a saúde pública e por gerarem impactos significativos na economia e no rendimento final. O presente estudo teve como objetivo verificar a evolução das ocorrências de cisticercose e de tuberculose durante 21 anos de inspeção post-mortem de bovinos, realizada em um frigorífico do centro-oeste paulista, localizado na cidade de Lins (SIF 337). Os dados coletados foram analisados em software SigmaStat versão 3.5 e, posteriormente, construídos intervalos de 95% de confiança para a proporção de ocorrência e as variáveis resposta também foram submetidas à análise de variância utilizando o procedimento Proc Mixed do software SAS 9.4 TS1M2, teste de Tukey-Kramer com nível de significância de 5%. No decorrer de todo o período, foram abatidos 5.240.138 bovinos. A ocorrência de tuberculose verificada foi de 0,15% (7.741), sendo maior em 1996 (0,41%) e menor em 2015 (0,02%), demonstrando uma redução de 11 vezes. Em relação à cisticercose bovina, foi de 4,34% (227.728), na qual 75% das carcaças continham cisticercos vivos e 25% calcificados, sendo as maiores ocorrências de cisticercose total encontrados em 2000 (6,7%) e as menores em 2015 (2,0%), com redução de 2,13 vezes. Conclui-se que as melhorias nos sistemas produtivos que aconteceram em duas décadas e a eficácia dos programas sanitários e da inspeção realizad... (Resumo completo, clicar acesso eletrônico abaixo) / Mestre

Malgré une référence expresse faite à la condamnation symbolique par le législateur, cette notion demeure méconnue en droit français. Pouvant être définie comme une décision rendue par une autorité ayant pouvoir de juridiction prononçant, à l'égard d'un individu ou d'un acte, une sanction morale dépourvue d'incidences matérielles réelles exprimant la reconnaissance de la violation d'un droit ou du Droit imputable à cet individu ou à cet acte, la condamnation symbolique est présente de manière diffuse dans le droit français : droit civil, droit administratif et droit pénal. Si les dommages et intérêts symboliques en sont l'illustration la plus évidente, ils n'en sont pas la seule. Annulations dans l'intérêt de la loi, exemptions légale et judiciaire de peine, admonestation … sont aussi des condamnations symboliques. L'étude de l'ensemble de ces illustrations a permis de constater que toutes les condamnations symboliques ne sont pas guidées par la même logique. Quand certaines peuvent être qualifiées de normatives, d'autres sont recognitives ou mitigatives. / Despite a reference do to the symbolic condemnation by the lawmaker, this notion remains unknown in French law. It can be defined as a decision taken by an authority having jurisidiction power pronouncing, towards a person or an act, a moral sanction without material impact expressing the recognition of a right or rule of law's violation accountable to this person or act, the symbolic condemnation is present diffusely in French law : civil law, administrative law and criminal law. If nominal damages are the more obvious illustration, it's not the only. Cancellations in interest of law, absolute discharge, reprimand… are also symbolic condemnation. The study of all of these illustrations has enabled to notice that all the symbolics condemnation are not guided by the same logical. When some can be qualified as normatives, others are recognitives or mitigatives.