Also known as:inhabits · inhabited · inhabiting · inhabitation · inhabitant · inhabitants · reside · occupant · dweller
Written by attorneys · grounded in primary & secondary sources — see below
Dwelling in or occupying land or a structure permanently or habitually as a residence.
Sources & Authorities
How it applies
Common Examples
6
Citizenship Through State Residence
Igor Ito was born in State A but moved permanently to State B at age ten. He attended school, worked, and voted exclusively in State B for twenty years. When State A attempted to deny him certain benefits available only to its citizens, the court held that Igor inhabited State B and therefore qualified as a citizen of that state under the Fourteenth Amendment.
Corporate Venue Based on Residence
Icarus Aviation maintained its principal place of business in the Northern District of State C. A plaintiff sued the company in the Southern District of State C, claiming venue was proper because the firm inhabited that district through its operations. The court ruled that the company resided only where it maintained its principal place of business and dismissed the action for improper venue.
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Cases
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Loss of Continuing Custody Jurisdiction
Ilana Isaacs and her child moved from State D to State E two years after a custody decree. No parent or person acting as parent remained in State D. The court in State D concluded that the family no longer inhabited the state and therefore lost exclusive continuing jurisdiction over the custody determination.
Venue for Parentage Proceeding
Imani Idowu lived in County F of State G with her child. The alleged father resided in County H of the same state. Because the child did not inhabit State G, the court placed venue in the county where the respondent inhabited.
Elector Inhabitant Requirement
Ian Iverson was elected as a presidential elector for State I. At the time of appointment he inhabited State J. The appointment was invalidated because an elector must inhabit the same state as the one casting the electoral vote.
Modification Jurisdiction After Move
Idris Ives obtained a custody order in State K. After all parties moved permanently to State L, a court in State K determined that the child and parents no longer inhabited State K. The court therefore permitted modification proceedings in State L.
Common questions
Frequently Asked
4
How does inhabiting a state affect citizenship under the Fourteenth Amendment?+
A person who inhabits a state by dwelling there permanently or habitually becomes a citizen of that state. This status carries privileges and immunities that no state may abridge.
Supporting sources
Does corporate inhabitance for venue purposes require physical presence?+
An entity inhabits a judicial district for venue when it is subject to personal jurisdiction there as a defendant or maintains its principal place of business there as a plaintiff.
Supporting sources
When does a family cease to inhabit a state for child-custody jurisdiction?+
A court loses exclusive continuing jurisdiction once it determines that the child, parents, and any person acting as parent no longer inhabit the state.
Supporting sources
How does the inhabitance rule affect venue in parentage actions?+
When the child does not inhabit the state, venue lies in the county where the respondent inhabits.
Supporting sources
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
…of its creation and the State and Federal Constitutions. Its governing authorities, presumably representing a majority of its inhabitants and voicing their will, have determined, not that industrial development shall cease at its boundaries, but that the course of such development shall proceed within definitely fixed lines.…