The Evictions Act, 1772

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

 

---

 

 

 

Evictions Act, 1772

Presented on Horen’s Calling of 1772

Introduced in the Commons.

Passed through the House of Commons in the Sixteenth Session of the Imperial Diet.

 

 

---

 

 

AYE

Amador

Baruch

Bykov

de Lyons

d’Aryn

Elendil

Gray

O’Rourke

Sarkozy

Stafyr

Stalistena

Wick

 

ABSENT

Karoly

Rothesay

 

PREAMBLE

Urban administration, be it in New Reza, Helena or Owynsburg, are the veins that maintain the key organs of our Empire, and have facilitated the efficient functioning of these organs for centuries. However, in a time where more elaborate and thorough laws champion greater rights and privileges for the Orenian man and woman, we must ensure that these private rights do not infringe on the ability of urban administration’s ability to manage their cities - namely, in the form of evictions without violating the property rights of the evictee. This issue was the subject matter in the case of Hampton Tea v. the City of Helena, an affair which cost the city three-thousand marks, and so this bill proposes to remedy the issue, and strike a correct balance between protecting the Orenian rights and enabling urban administration to perform their duties legally and unrestrained.

 

ARTICLE I: GENERAL DEFINITIONS

  1.  “Urban administration” shall be construed to mean any body of stewards or clerks charged with the maintenance of a city or town with the authority of a recognized government;

  2.  “Eviction” shall be construed to mean  the ejection of a person from a building in which they reside or do business;

  3.  A “property owner” shall be construed to mean a legal entity who satisfies the criteria laid out by the amendment to CH303.022 of the Lex Haraccene, Oren Revised Code in Article II.

 

ARTICLE II: AMENDMENTS TO THE LEX HARACCENE

  1.  CH303.022 of the Lex Haraccene, providing “Ownership is acquired through occupancy, by gift, testate and intestate succession, and as a result of contracts of tradition”, shall be amended to provide as follows:

       a.  “Ownership is acquired by gift, testate and intestate succession, lawful sale, as a result of contracts of tradition and subject to any local provisions.”

  2.  CH303.023 of the Lex Haraccene, providing “Nobody shall be deprived of ownership by another”, shall be amended to provide as follows:

       a.  “Nobody shall be deprived of ownership by another, except for reasonable exceptions in the case of urban property pertaining to the [Evictions Bill]”

 

ARTICLE III: REASONABLE EXCEPTIONS TO CH303.023

  1.  The following shall constitute reasonable exceptions to CH303.023 as provided for the amendment in Article II a., and shall warrant a lawful eviction when:

       a.  The property has been the host of illegal activity;

       b.  The property has failed to pay taxes within a reasonable time period;

       c.  The property owner and any agents have been absent long enough to reasonably conclude that the property abandoned, at the discretion of an urban administration;

       d.  An urban administration has reasonable grounds to believe that the property owner is dead and ownership has not been assigned to an heir by way of succession as outlined by CH303.022;

       e.  The property is a business failing to meet communal expectations by way of poor trading practices;

            i. “Poor trading practices” shall be construed to mean a failure to maintain adequate stock, at the reasonable discretion of an urban administration, failure to provide active service, at the reasonable discretion of an urban administration, and any other commercial negligence of that nature, of which the Court has the discretion to determine;

       f. The property fails to comply with any local regulations regarding property;

            i. Any such regulations must not be in violation of the Oren Revised Code;

            ii. A property owner must be given notice of any local regulations they must comply with before an eviction notice can be served;

            iii. It is ultimately the Court’s discretion to determine whether local regulations constitute a reasonable interference with CH303.023.

 

ARTICLE IV: UNLAWFUL EVICTIONS

  1.  An “unlawful eviction” shall be construed to mean an eviction that occurs in circumstances that do not constitute a reasonable exception to Orenian property rights as outlined in Article III;

  2.  A victim of an unlawful eviction shall be compensated by way of;

       a. Immediate return of the evicted property and reinstatement as its lawful owner,

OR;

       b. Compensation in the amount of the current market value of the property plus 500 marks.

 

Introduced by Konstantin Wick, MHC on this Horen’s Calling of 1772,

Co-sponsored by Jonah Stahl Elendil, MHC

 

Issued and proclaimed,

Peter III, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, King of Kaedrin, Prince of Malinor, Grand Duke of Ves, Duke of Lorraine and Roden, Baron of Sedan, Vitzburg and Sedai, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.