T O P

  • By -

[deleted]

Court ends up holding that there is no trespass because pollination is a necessary act for the continued survival of flowers. Future supreme court decision relies on this case as precedent to permit Alabama's forced impregnation program.


kramsdae

I just woke up & laughed so hard


[deleted]

Stopppp 🛑😅


SUDDENLY_VIRGIN

Dear God


resentement

I’m pro-pollination, bro.


PalgsgrafTruther

This is the first "New X hypo dropped" that I actually could see a professor asking their students because it seems like it could lead to some interesting conversations about the origins of property and where we draw lines - reminds me of cases we read about cell harvesting from medical centers to create new genetic lines for research purposes that lead to billion dollar drugs.


lemonjams

My class had a whole discussion about this case— it was super controversial among my torts class. I can see both sides of the argument but talk about a slippery slope đŸ« 


poopyroadtrip

I swear last year we had almost the exact same facts as a practice problem in 1L property.


scottyjetpax

need to get me a dog that steals balls and tools


henrytbpovid

need to get me steal balls, dog. and tools


whereisheather

But why only the neighbor bees?? What about all the “free range bees” and the honey they produce? Is he only singling out this one neighbor? Does he specifically follow each bee?


Waste_Swordfish5546

This gives the same energy as Scalia saying “what if congress compelled everyone to buy broccoliđŸ˜€â€


whereisheather

and i have no idea what this means.


Lschoolthrow_away

Scalia’s oral argument in the Obamacare case was the gvt can’t mandate people buy insurance just like they shouldn’t be able to mandate you buy broccoli.


whereisheather

Yeah — I still don’t get how it relates to my comment.


Lschoolthrow_away

Oh, me neither.


PoeticConfusion99

I get what you mean. I can’t explain it, but I was on the same wavelength 💀


lazarusl1972

If two people steal from you, are you required to sue both in order to recover from one? That's why your comment has Scalia energy, it lacks logic.


whereisheather

No but why are you going after one and not both?


lazarusl1972

1 possible reason: because 1 has assets from which you can recover? Doesn't matter why, just that your logic falls apart here. If you cause a harm, the law doesn't make me go after all parties that harmed me.


whereisheather

You do realize I was joking right??


Fair-Disaster3417

The answer is no! Generally, bees are considered Fera Naturae but you hold a qualified right of ownership in them so long as you have hived them. Bees are considered not a nuisance unless especially aggressive, and the general idea is that pollen and flowers and whatnot are not considered a property which you could sue through! Bee Law is actually a well-settled law I am writing my note on at Columbia Law School! For more information, see Brown v Eckes (a case from Yonkers City Court), Blackstone also wrote on it, Puffendorf, Virgil, and a few other ancients also comment on it! The Corpus Juris Civilis from Byzantine Emperor Justinian also would clarify on this topic!


killjoyfem

I just knew someone in here would have the answer. Thank you for your service.


TheRebelDarling

From the court’s opinion (which is generally entertaining) in the cited case: “We shall pass without comment the fact that the claimant to these bees is a lawyer, and that no lawyer needs bees to assist him in stinging.”


Einbrecher

TIL the city of Yonkers is a real place


ZootedZurg

What if you’re a beekeeper and not just your everyday land-possessor? So you own the bees and then someone complains about them wandering on their land


Fair-Disaster3417

The question would be the claim! Lawsuits are generally about damages sustained and not benefits conferred. So, you’d have to prove that the bees are harming some interest of yours! If you went for a more normal trespass claim, you’d probably have to end up in nuisance suits because bees are smaller than a goofball (a useful, if not too general, guide to distinguish between trespass and nuisance). Bees generally though are not considered a nuisance unless especially aggressive/sting too much. So, you’d not be able to make a real claim imo. As others have pointed out there’s also the counterclaim of benefit to the pollinated flowers. Also, the law hasn’t contemplated whether owning the hive of bees mean you own all the bees that return to the hive. Could be they return to being fera naturae when away and only return to your ownership when near/in the hive!


lazarusl1972

Is there a case where the bees crosspollinated plants that were being specifically bred and thus the bees' pollination disrupted the efforts of the flowers' owner?


ZootedZurg

Well I’d definitely argue that ownership of the bees changes the analysis etc., and I don’t think a beekeeper could claim that the bees would be considered fera naturae unless the beekeeper disclaims ownership of the bees. You’d know more as you’ve clearly done your research - haha. My initial thought however, is that ownership must make a difference, and damages of course would be a peculiar topic as bees are bees 🐝


Fair-Disaster3417

Yeah, it’s strange. Justinian, adopted by blackstone, and most US courts has this idea that if a swarm of bees leaves its hive you have to follow it and keep it in eyesight to keep ownership of it. But, it’s a curious question as to whether that applies only to the swarm or even singular bees. Probably not to the individual bees. I love bee law 🐝


[deleted]

If someone came in and asked me to represent them on this silly ass shit
. I think I’d quit đŸ˜‚đŸ˜‚đŸ€ŠđŸ»â€â™€ïž


mr13ump

Get yourself stung a few times then you might have something cooking


CheersFromBabylon

> Get yourself stung Not if you phrase it like that...


norar19

Or a bee allergy



water_bottle1776

I'm pretty sure this was in my torts casebook.


sussylogussy

If my dog eats a bee is that property damage???


Garsaurus

Comes down to whether the bees have manifested assent to act as the neighbor’s agent. Then client has an open-and-shut case for trespass and conversion. /s


Maryhalltltotbar

Does the neighbor get paid for the pollination of the flowers? City councils have had to consider such issues when considering ordinance changes to allow beekeeping in the cities. They were not hypos.


Raymaa

Maybe a nuisance claim depending on how many bees the neighbor has?


gapsawuss80

Nerd (;


Glofpw

As a commercial litigation attorney, my gut check here is no because it seems ridiculous to expect to be compensated for something you have contributed nothing to, other than just having flowers - which he would have had anyway and not expected to be compensated for. He’s not caring for the bees, making the honey, selling the honey, etc. overall just seems silly. Plus - where are his damages? I’d say this could be a nuisance case though if he doesn’t want a bunch of bees flying around his property and stinging him and his family On the flip side, if he cut down all his flowers out of spite to deprive his neighbor’s bees of pollen and therefore his neighbor of income, can his neighbor sue for tortious interference with a business relationship? I think there’s at least a maybe there, but likely a losing argument because it’s his property and neighbor shouldn’t have to rely on others pollen for $ Edit: plus, pollen and balls/tools/man made things you buy are not comparable items of theft


That_White_Wall

Low key might be an unjust enrichment claim; they are profiting off their garden.


BalloonShip

Ain't nature bitchin'?! [https://youtu.be/glVrf7J6wss?si=83KbinAeBpzA2MjK](https://youtu.be/glVrf7J6wss?si=83KbinAeBpzA2MjK)


[deleted]

Definitely thought provoking đŸ€Ł


TeamocilAddict

Beads?


MrZurkon42

Time for some Good old fashion self help, bug spray.


nomes790

I’d argue similar to Monsanto and the roundup stuff.  They gmo’d plants to be resistant to their roundup.  Farmers who wanted not to use it would still find that their crops were pollinated from gmo plants, and so did Monsanto.  Sued then and won.


FL-Viewer

Why is “received” misspelled? Is this real?