A tract of land, especially a continuous plot held in one possession with no intervening land of another separating any part from the rest.
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How its tested
Common Examples
6
Rezoning Request for Industrial Use
Preston Pratt owns a single tract zoned residential. He petitions the city council to rezone his land for a factory. The council amends the map after proper notice and hearings, finding the change advances public welfare by creating jobs near existing infrastructure.
Easement Tied to Adjacent Land
Parker Phillips grants an access easement over his lakeside tract to Pierre Poulin. The deed states the right benefits only the neighboring tract Poulin owns across the road. Poulin cannot sell the easement apart from that neighboring tract.
Pinnacle Holdings seeks a zoning change allowing commercial use on one tract surrounded by residential zones. The city approves the amendment despite the comprehensive plan calling for residential development. Neighboring owners sue, claiming the change favors one owner without public benefit.
Utility Easement Not Tied to Land
Pierce Patterson grants a power-line easement to a utility company across his rural tract. The deed makes the benefit run to the company itself rather than any particular neighboring land the company owns. The company may later assign the easement to another utility.
Federal Court Applying State Land Rules
Pavel Petrov sues in federal court over title to a disputed tract. The court considers whether to follow state procedural rules on jury trials for property claims because those rules could determine the outcome of ownership rights.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
The petitioner, a resident of North Carolina, sued respondent, a South Carolina corporation, for damages for injuries allegedly caused by the respondent's negligence. He was employed as a lineman in the construction crew of a construction contractor.
Respondent Blue Ridge Rural Electrical Cooperative, Inc., a South Carolina corporation in the business of selling electric power, had contracted with R. H. Bouligny, Inc. for $334,300 to build approximately 24 miles of new power lines, reconvert about 88 miles of existing lines to higher capacities, and construct two new substations and a breaker station. The petitioner was injured while connecting power lines to one of the new substations.
Byrd first recovered full benefits under the South Carolina Workmen's Compensation Law from his direct employer Bouligny. He then filed a negligence action against Blue Ridge in the United States District Court for the Western District of South Carolina under diversity jurisdiction pursuant to 28 U.S.C. § 1332.
At trial Blue Ridge asserted an affirmative defense that Byrd qualified as its statutory employee because the contracted work was part of its trade, business, or occupation. Blue Ridge's manager testified on direct examination that three of its substations had been built by its own construction and maintenance crews. His answers on cross-examination created uncertainty that prompted the trial judge to note he appeared to have changed his testimony. Blue Ridge also introduced evidence that it financed the project with a federal loan, purchased the materials, and maintained an engineering service contract with an independent firm for design and supervision. Its charter under the South Carolina Rural Electric Cooperative Act authorized it to construct generating plants, buildings, and equipment necessary for its operations.
After all evidence was presented the district judge struck the affirmative defense, ruling that Blue Ridge could not be a statutory employer because its crews performed work only for its own use rather than for others. The judge then denied Blue Ridge's motion for a directed verdict and submitted the negligence claim to the jury, which returned a verdict for Byrd in the amount of $126,786.80. The Court of Appeals for the Fourth Circuit reversed, resolved uncertainties in the manager's testimony in Blue Ridge's favor, and directed entry of judgment for Blue Ridge without remanding for further proceedings. Byrd petitioned for certiorari, which the Supreme Court granted. The case had previously been dismissed on the ground that Blue Ridge enjoyed tort immunity as a nonprofit corporation, but the Court of Appeals had reversed that dismissal and remanded for trial. On the present appeal the Court of Appeals did not reach other grounds raised by Blue Ridge because its resolution of the statutory employer issue disposed of the case.
Ambler Realty holds a large vacant tract suited for factories. The village ordinance restricts the land to residential uses, cutting its value sharply. The owner challenges the ordinance as confiscatory of the tract's development potential.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
The Village of Euclid is an Ohio municipal corporation that adjoins and is practically a suburb of the City of Cleveland. Its estimated population is between 5,000 and 10,000, and its area spans from twelve to fourteen square miles, with the greater part consisting of farm lands or unimproved acreage. It lies roughly in the form of a parallelogram measuring approximately three and one-half miles each way and is traversed east and west by three principal highways and two railroads.
Ambler Realty Co. owns a tract of land containing 68 acres situated in the westerly end of the village. This tract abuts on Euclid Avenue to the south and the Nickel Plate railroad to the north. Adjoining this tract on both the east and the west, restricted residential plats have been laid out upon which residences have been erected.
On November 13, 1922, the Village Council adopted an ordinance establishing a comprehensive zoning plan. The ordinance divides the village into six use districts denominated U-1 to U-6, three height districts denominated H-1 to H-3, and four area districts denominated A-1 to A-4. Appellee's tract is classified as U-2 for the first 620 feet north of Euclid Avenue, U-3 for the next 130 feet, and U-6 for the remainder.
Enforcement of the ordinance is entrusted to the inspector of buildings under rules and regulations of the board of zoning appeals. The board holds public meetings, keeps minutes of its proceedings, and possesses authority to interpret the ordinance in cases of practical difficulty or unnecessary hardship, while penalties are prescribed for violations. Ambler Realty Co. filed suit alleging that the tract has been held for years for sale and development for industrial uses for which it is especially adapted. The bill further alleged that unrestricted market value is about $10,000 per acre but limited to residential purposes the value does not exceed $2,500 per acre, that the first 200 feet back from Euclid Avenue has a value of $150 per front foot if unrestricted but not in excess of $50 per front foot if limited to residential uses, and that the ordinance confiscates and destroys a great part of its value while deterring prospective buyers. The bill sought an injunction restraining enforcement of the ordinance.
The district court overruled a motion to dismiss on the ground that the suit was premature. The district court held the ordinance unconstitutional and void and enjoined its enforcement.
How does the definition of parcel affect spot-zoning challenges?
A parcel is treated as a distinct tract whose rezoning must serve a public purpose rather than merely benefit its owner. When a change singles out one tract for inconsistent use, courts examine whether the amendment advances health, safety, or welfare under the comprehensive plan.
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When is a servitude benefit or burden appurtenant to a parcel?
A servitude is appurtenant when its enjoyment or obligation is tied to ownership or occupancy of a particular tract. The benefit or burden then runs with that tract rather than existing independently.
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What distinguishes an in-gross servitude from one tied to a parcel?
An in-gross servitude exists when the benefit or burden is not linked to ownership of any specific tract. The right or duty stands alone and is not automatically transferred with land.
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Does the term parcel appear in procedural questions about land-title disputes?
Yes. Courts may weigh whether state rules governing land claims substantially affect the outcome of federal litigation involving ownership of a tract, prompting application of those rules to ensure consistent results.
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How does parcel status influence constitutional challenges to zoning?
A parcel's market value and permitted uses are measured against the ordinance's restrictions. Severe diminution in value from residential limits on an industrially suited tract may support a takings claim.
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parcel
of organized crime. It will slow down the investigation and the apprehension of confederates in those cases where time is of the essence, such as kidnapping, see Brinegar v. United…
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