An archaic term for the boundaries of a parcel of land, particularly the sides where the land abuts neighboring properties.
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6
Confinement Within Property Lines
Brian Bailey stood on his front lawn when the neighbor blocked all exits with vehicles. The confinement occurred entirely inside the buttals of the lot, satisfying the requirement that the actor fix the boundaries. Bailey remained aware of the restriction throughout the episode.
Community Reputation Evidence
Benjamin Brooks offered testimony from longtime residents about the buttals of his rural parcel. The statements arose before the lawsuit and described longstanding customs affecting the land. The court admitted the evidence to establish the historical boundaries.
Barbara Bennett attempted to leave her yard through an open gate at the rear buttals. Because a reasonable escape route existed and she knew of it, the confinement failed the completeness test. No liability attached under the governing standard.
Regulatory Limits on Land Use
Bristol Steel proposed expanding its plant beyond the current buttals of its industrial site. The commission denied the request on speech-related grounds tied to the property's perimeter. The company challenged the denial as exceeding constitutional bounds.
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980)
In December 1973, the Public Service Commission ordered electric utilities in New York State to cease all advertising that promoted the use of electricity because the interconnected utility system lacked sufficient fuel stocks for the 1973-1974 winter. The order rested on the Commission's finding that the system did not have sufficient fuel stocks or sources of supply to meet customer demands.
Three years later, when the fuel shortage had eased, the Commission requested comments from the public on its proposal to continue the ban on promotional advertising. Central Hudson Gas & Electric Corp. opposed the ban on First Amendment grounds. After reviewing the public comments, the Commission extended the prohibition in a Policy Statement issued on February 25, 1977.
The Policy Statement divided advertising expenses into promotional and institutional categories. It permitted informational advertising designed to encourage shifts of consumption from peak demand times to periods of low electricity demand. The Commission banned promotional advertising because additional electricity would be more expensive to produce and promotional advertising would give misleading signals to the public. Central Hudson challenged the order in state court. The order was upheld through the New York Court of Appeals. The Supreme Court noted probable jurisdiction and reversed.
Bobby Brady sought to operate his bakery beyond the buttals permitted by state hour limits. The statute restricted work within those lines to protect worker health. The challenge questioned whether the boundary rules violated liberty of contract.
Lochner v. New York198 U.S. 45 (1905)
The New York legislature passed a labor law in 1897 that regulated bakeries and confectionery establishments.
Section 110 of article 8 of that law stated that no employee shall be required or permitted to work more than sixty hours in any one week or more than ten hours in any one day.
This applied unless for the purpose of making a shorter work day on the last day of the week.
The plaintiff in error violated the one hundred and tenth section of article 8, chapter 415, of the Laws of 1897, known as the labor law of the State of New York, in that he wrongfully and unlawfully required and permitted an employe working for him to work more than sixty hours in one week. The charge arose from a voluntary contract rather than any use of physical force.
The judgments of the County Court of Oneida County, the Supreme Court, and the Court of Appeals of New York upheld the conviction under the statute, although several judges dissented. The record indicated that the state courts had viewed the law as a measure relating to public health.
The case came before the Supreme Court of the United States after argument on February 23 and 24, 1905. The Court rendered its decision on April 17, 1905.
Benson Motors purchased land whose buttals fell inside a newly zoned residential district. The ordinance prevented commercial use across those boundaries. The company contested the zoning as an unreasonable restriction on the property.
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.
What does the term buttals refer to in property descriptions?
Buttals is an archaic word for the boundaries of a parcel of land, especially the sides that abut adjacent properties.
How does the concept of buttals relate to evidence rules on land boundaries?
Reputation evidence concerning the buttals of land in a community may be admissible when it arose before the controversy and concerns boundaries or customs affecting the land.
Does buttals appear in discussions of confinement liability?
The term identifies the fixed boundaries within which an actor must confine another for false-imprisonment liability to arise, and the confinement must be complete inside those lines.
boundaries
. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed. Applying these tenets, the Court has…