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right of ownership |
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City of Eugene: Plaintiff alleges defendant previously deeded to the plaintiff certain real property with unconditional right of ownership. M'Intosh (1823), Chief Justice John Marshall substituted the right of occupancy for the right of ownership. The Second Circuit Court of Appeals and the Ninth Circuit have held that the right to transfer property is a fundamental right of ownership and that any restriction on that right affects the value of the property. |
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