Also known as: nonuses · nonuser · nonusers · non-use · non user
Written by attorneys · grounded in primary & secondary sources — see below
A failure to exercise a legal right or to put property or a privilege into service.
Anthony bought a lot in a lakeside subdivision subject to recorded servitudes requiring contributions for dock maintenance and insurance. He obtained separate coverage and stopped paying assessments, claiming he received no benefit from the common facilities. The association sued to collect the assessments. Because the servitudes imposed obligations that could not be avoided by nonuse or withdrawal, Anthony remained liable for the payments.
A utility sought to advertise ways for customers to reduce electricity consumption during a shortage. Regulators banned all promotional advertising. The utility argued the ban swept too broadly because it prevented messages encouraging nonuse that would conserve resources. The Court examined whether the restriction on commercial speech could stand given the state's interest in conservation.
Select any source to read its text and confirm it supports the definition.
Congress created an office whose holder could be removed only by joint resolution. Challengers argued the removal provision created separation-of-powers problems even though it had never been invoked. The Court noted that the mere nonuse of the removal mechanism did not eliminate the constitutional concern over congressional control.
A driver was killed when a car door latch failed during a collision. Evidence showed the driver was intoxicated and had not used the available seatbelt. The manufacturer sought to introduce the nonuse of the safety equipment to reduce liability under comparative fault principles in the strict products liability action.
Witnesses received immunity but feared their compelled statements could still be used against them. The government argued the immunity was coextensive with the privilege because the statute barred any use of the testimony or its fruits. The Court considered whether the protection against use and derivative use satisfied constitutional requirements.
A mineral interest owner failed to use or develop the rights for many years. State law provided that such interests would lapse and revert to the surface owner upon extended nonuse. The interest holder challenged the statute as an unconstitutional taking. The Court upheld the provision because the nonuse itself triggered the statutory consequence after notice.
Nonuse by itself is seldom enough to show abandonment of a servitude benefit. Courts usually require additional conduct inconsistent with continued existence of the right, though very long periods of nonuse may support a finding of abandonment even without other evidence.
No. The defining feature of a common-interest community is that the servitudes impose obligations to pay for common property or association assessments that cannot be avoided by nonuse or withdrawal from the community.
In comparative fault jurisdictions, a plaintiff's nonuse of available safety equipment such as a seatbelt may be considered as fault that reduces or bars recovery even in a strict products liability action.
The fact that a removal mechanism has never been used does not eliminate the constitutional problem created by congressional control over an officer exercising executive functions.
…626 F. Supp. 1374, 1392 (DC 1986). The Impeachment Clause of the Constitution can hardly be thought to be undermined because of nonuse. [^maj-6]: Congress adopted this provision in 1980 because of "the special interest of both Houses in the choice of an individual whose primary function is to provide assistance to…