196) A possessory interest
is the "right to control property, including the right to exclude others.
Since the NEX did not have a possessory interest
in any specific money belonging to the appellant--money that the appellant could have attempted to steal by submitting the false receipts--the government was left with the theory that the appellant attempted to steal the debt itself.
The taxpayer could contend that he holds a mere expectancy; his possessory interest
is contingent upon living to age 40 and surviving his mother.
A tax on the income of federal employees, or a tax on the possessory interest
of federal employees in Government houses, if imposed only on them, could be escalated by a State so as to destroy the federal function performed by them either by making the Federal Government unable to hire anyone or by causing the Federal Government to pay prohibitively high salaries.
Trotto, finding that because he was not present and had no possessory interest
in the vehicle, he lacked standing to challenge the legality of the stop and search.
101) Thus, a more restrictive interpretation of CERCLA ownership liability would still ensure that liability attached to "passive fee title owner[s] of real property [as well as] the active (or negligent) operator of the facility who ha[d] only a possessory interest
in the owner's real property.
demonstration of possessory interest
or occupation or control.
Element #1: Deprivation of a Possessory Interest
Instead, the court relied on its own precedent in Long Beach, finding that the holder of a permit for specific use of real property is not the "owner" of that real property, but that such a permittee holds a possessory interest
in the land.
the passenger, who had no ownership or possessory interest
in the car
Under these facts, the three adult children would presumably be within their rights as named parties with a possessory interest
in the property to challenge any orders entered against them as void for lack of subject matter jurisdiction.
The use of property by an owner thereof or by the holder of a possessory interest
in property, such as a legal life estate, is an incident of ownership.