Also known as: strips · stripped · stripping · strip search · asset stripping
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A legal action by which a court or legislature removes a status, protection, or character from a person, structure, or authority. The removal occurs only when the governing rule withholds consent or when temporary conditions fail to alter the underlying legal quality.
A legal action by which a court or legislature removes a status, protection, or character from a person, structure, or authority. The removal occurs only when the governing rule withholds consent or when temporary conditions fail to alter the underlying legal quality.
Select any source to read its text and confirm it supports the definition.
A narrow parcel of land. The parcel may serve as the subject of adverse possession claims when successive possessors use it under a good-faith belief of ownership and meet the statutory continuity requirements.
Select any source to read its text and confirm it supports the definition.
A narrow parcel of land. The parcel may serve as the subject of adverse possession claims when successive possessors use it under a good-faith belief of ownership and meet the statutory continuity requirements.
Each sense below has its own examples, sources, and questions.
Sebastian Santos and his family left their house for a three-month work assignment in another city. While they were gone, a neighbor entered at night intending to commit theft. The neighbor claims the house lost its dwelling status because no one slept there. The court holds that the temporary absence does not strip the structure of its character as a dwelling, so the burglary charge stands.
Seth Shapiro, a naturalized citizen, voted in a foreign election. A federal statute automatically revoked his citizenship for that act. The court rules that Congress may not strip Shapiro of citizenship without his consent, so the revocation is invalid under the Fourteenth Amendment.
Sean Steele, a state environmental regulator, enforced a statute later held to violate federal law. A company sues Steele in federal court for prospective relief. The court treats Steele as stripped of state authority when acting unconstitutionally, allowing the suit to proceed despite Eleventh Amendment immunity.
Sydney Santos, a city resident, alleges that rural districts receive disproportionate seats under the state map. The complaint asserts that the scheme strips urban voters of equal protection. The court reaches the merits because the equal-protection claim presents a justiciable controversy.
Spencer Silver seeks production of an attorney's notes prepared in anticipation of litigation. The opposing party argues that discovery would strip the notes of their protected status. The court requires a showing of need before ordering production, preserving the policy against invading attorney preparation.
No. A structure remains a dwelling when occupants use it regularly for sleeping even if they are temporarily away. The character as a dwelling is not lost by short absences or by the fact that the building is also used for business.
Supporting sources
No. The Fourteenth Amendment prohibits involuntary loss of citizenship without the citizen's consent. Automatic revocation for foreign voting therefore violates the Constitution.
Supporting sources
Yes. When a state officer acts unconstitutionally, the officer is treated as stripped of state authority. Prospective injunctive relief may therefore proceed in federal court without violating the Eleventh Amendment.
Supporting sources
Sabrina Shah and her predecessor both mowed and fenced a narrow strip along the edge of their lot under the belief it belonged to them. The true owner later objects. Because the use was open, hostile, and continuous for the statutory period through tacking, the court awards title to the strip to Shah.
Yes. When each possessor uses the strip under a good-faith belief that it belongs to them, the periods may be tacked to satisfy the statutory continuity requirement. Seasonal use consistent with the land's nature also supports continuity.
Supporting sources
…The second, Breuer II Revised,[^maj-17] called for tearing down a portion of the Terminal that included the 42d Street facade, stripping off some of the remaining features of the Terminal’s facade, and constructing a 53-story office building. The Commission denied a certificate of no exterior effect on September 20, 1968.…