Bill: Draft Property Act

[ToadKing]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

Consolidate And Codify All Laws Concerning Property, Land Use, Tenancy, Eminent Domain, Monuments, And Enclaves.




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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

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PART I — PRELIMINARIES​

1. Short Title and Enactment
(1) This Act may be cited as the 'Property Act.'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Rep. ToadKing and Senator Omegabiebel.

(4) This Act has been co-sponsored by Senator Omegabiebel.

2. Reasons and Intent
(1) Property legislation is currently spread across a number of different Acts, making laws difficult to locate and understand.

(2) This Act aims to consolidate and modernise all property-related legislation into a single comprehensive code.

(3) To establish clear property rights, including provisions for corporate ownership of land.

3. Definitions
(1) For the purposes of this Act, the following definitions shall apply:

(a) Proprietary Rights. Means:
(i) Property rights;
(ii) Contractual rights and claims;
(iii) Legal claims; and
(iv) Rights, individually or together with another right, that are transferable, or are intended to provide the material benefit, or acquired in exchange for material benefit.

(b) Property Rights. Mean:
(i) Ownership;
(ii) Co-ownership;
(iii) Usage rights, including covenant and superficies; and
(iv) Lien.

(c) Person. Means a player or a legal entity.

(d) Goods. Means an object or a proprietary right.

(e) Objects. Mean in-game items, blocks, mobs, and Minecraft entities.

(6) Plot. Means the volume determined in three dimensions as set by the plot region.

(f) Movable Property or Personal Property. Means all goods that are not immovable.

(g) Immovable property or Real Property. Means:
(i) Plots, subregions, and any other geographical areas or volumes;
(ii) All structures and plants which form an inherent part of the parent good;
(iii) Inherent components of structures and plants;
(iv) Accessories of an immovable good; and
(v) Property rights and legal claims on an immovable subject;

(h) Landlord. Means the person who appears as the landlord when standing on the plot and running /as info region, and is the owner of the plot.

(i) Tenant. Means the person that appears as “rented by” in /as info region.

(j) National Monument. Means a structure or location listed on the National Monuments Register established under Part VIII.

(k) Enclave. Means a designated area adhering to a certain architectural and cultural style as established under Part IX.

(l) Alderperson. Means the designated representative of an Enclave

4. General Principles of Property
(1) Only this law can create new types of property rights.

(2) An earlier property right takes precedence over a later property right. A property right allows the owner to enforce their claim even if the subject good is passed on to someone else.

(3) To the extent that they belong to the same person, a good is an accessory of another good if it is permanently connected or attached to it, or if it primarily serves the operation or storage of the main good. A property right of a good automatically extends to the accessory of that good.

(4) If a good is processed and a new good is created, then the property rights of the processed good shall transfer to the resultant good.

(5) The mixing of goods that are wholly or partly the subject of various pre-existing property rights leaves those rights intact. The holders of the relevant property rights on the mixed goods may exercise their right to the mixed goods in proportion to the contributed goods and the rights thereof.

(6) A property right can have one or more holders.

(7) Contractual parties may agree to consider a good movable early because it is to be detached within a technical and economically reasonable time.

(8) Goods shortly and temporarily detached from an immovable good and which are then reattached shall stay immovable.

(9) Regulatory licenses, authorisations or registrations shall not be a property right.

(10) Contractual overrides of this Act by the parties shall only be enforceable against those parties

(11) A property right may be derived from an encompassing property right, which will be encumbered with the derived property right

(12) Property rights with a registration requirement shall only be enforceable against third parties from the moment they are registered, but shall always be enforceable against the contractual parties.

(13) Players shall not be objects, proprietary rights, or goods.

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PART II — JURISDICTION AND ADMINISTRATION​

1. Department of Construction and Transportation
(1) The DCT shall retain jurisdiction to establish regulations beyond the scope of this Act, and to evict plots in accordance with these laws and regulations.

(2) These regulations will be listed under Department policy and will be displayed on the relevant rules and laws page node.

(3) The DCT shall publish and maintain a Building Standards Guide which:
(a) Sets out the minimum aesthetic and construction standards for plots;
(b) Provides visual examples of compliant and non-compliant builds;
(c) Defines clear criteria for “eyesore” violations; and
(d) Defines what constitutes a “completed building” and the criteria to meet this standard.

(4) The Building Standards Guide may be updated by the Department without requiring legislative amendment, provided updates are publicly announced.

2. Department of the Interior
(1) The DOI shall retain jurisdiction to establish regulations beyond the scope of this Act.

(2) These regulations will be listed under Department policy and will be displayed on the relevant rules and laws page node.

3. Property Zoning Authority
(1) Property zoning will be defined by Staff according to this Act.

4. Federal Land Register
(1) The Federal Land Register (FLR) is hereby established.

(2) The FLR shall be managed by the DOC.

(3) The following property rights shall have a registration requirement:
(a) Liens on plots;
(b) Co-ownership of plots; and
(c) Ownership of a plot where the holder of the ownership right and the person in the plot plugin are not the same (such registration shall mention the reason).

(4) Registration of property rights with a registration requirement shall at least include:
(a) The holder(s) of the property right;
(b) The plot number;
(c) The duration, if applicable.

(5) The registration must be public and kept updated without undue delay.

(6) Upon the end of the property right, a notice that the property right has ended must be posted on the registration without undue delay.

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PART III — PROPERTY RIGHTS​

1. Possession
(1) A person is in possession of a good when they control or use it as an owner would, whether personally or through a third party.

(2) The possessor of a property right is presumed to be the holder of the property right that they exercise, subject to evidence to the contrary.

2. Ownership Rights
(1) Ownership directly grants the owner the right to use, enjoy, possess (and by extension exclude from) the good. The owner has fullness of powers, subject to the restrictions imposed by laws, regulations and the rights of third parties.

(2) Subject to other provisions in this Act, the owner may reclaim the goods from the person who carries them and oppose any infringement or claim by a third party.

(3) The holder of the ownership right of a plot shall be the one registered in the plot plugin, except for a clear and justifiable reason or in case of custodianship for an Incorporated Entity.
(a) DCT may forcefully change the plot plugin registration, where the reason isn’t clear and justifiabl,e but must first give the person registered in the plot plugin a chance to be heard.

(4) The holder of the ownership right of a plot shall be liable for paying property taxes, except where otherwise provided by law.

3. Incorporated Entity Ownership
(1) Incorporated Entities shall appoint a custodian to be registered in the plot plugin if the legal entity holds the ownership right of a plot.

(2) This custodian may be appointed and removed at the pleasure of the incorporated entity.

(3) The DCT shall forcefully change the custodian of a plot if requested by the Incorporated Entity.

(4) The Incorporated Entity shall report the following within 48 hours in the company docket:
(a) Ownership right transfers to and from the Incorporated Entity, mentioning whether the ownership right is incoming or outgoing and the plot number.

(5) Where an Incorporated Entity owns a plot, and there is a DCT eviction notice or other regulatory notice, this shall be regarded as a legal process against that Incorporated Entity.
(a) This shall be in addition to the regular notification requirements.

4. Incorporated Entity Property Tax
(1) Custodians shall pay property taxes through the plot plugin for plots held on behalf of an Incorporated Entity

(2) The Incorporated Entity may reimburse the custodian for property taxes paid on its behalf.

(3) The Incorporated Entity is liable for property taxes on plots it owns.

(4) Property taxes paid by the custodian through the plugin for the Incorporated Entity’s plots may be offset against the Incorporated Entity’s property tax liability.
(a) If the custodian underpaid property taxes for the Incorporated Entity’s plots, the Incorporated Entity shall pay the difference.
(b) If the custodian overpaid property taxes for the Incorporated Entity’s plots, the Incorporated Entity shall:
(i) Get a tax credit that can be applied to offset future property taxes
(1) Tax credits shall not give rise to a tax refund
(iii) Get a tax refund if the difference is above $3000 for that month

(5) The Incorporated Entity shall file a monthly report with the DOC detailing:
(a) Each plot held in that month and the time it held that plot;
(b) Property taxes paid by the custodian on the entity’s behalf; and
(c) Any offset or additional payment owed.

(6) The DOC shall establish policy for reporting deadlines, procedures, and the handling of excess payments, including tax credits and refunds.

5. Superficies
(1) The right of superficies is a property right that grants ownership rights to a defined volume of an immovable good.

(2) A right of superficies can be established by the owner or by any holder of a property right within the limits of their right.

(3) During the term of their right, the superficies holder exercises on their volume all powers of owner, within the limits of the rights of the giver of the superficies and without prejudice to the other existing rights on the ground.

6. Superficies - Overridable Provisions
(1) The provisions in this section may be overridden between contractual parties.

(2) During the term of their right, the superficies holder is obliged to pay all charges but not taxes with regard to the volumes, structures and plantations that they own.

(3) Everyone must carry out, as far as their property is concerned, the repairs to which they are legally or contractually bound, as well as the repairs necessary for the exercise of the other existing rights of use.

(4) Renting shall be presumed superficies, except otherwise defined by contract or by law.

7. Lien
(1) A lien is a surety right that grants the holder of the lien the power to seize or liquidate the encumbered goods to satisfy an obligation.

(2) If a plot with a lien is evicted for a regulatory reason by DCT, and the lien right is registered in the FLR, the plot shall:
(a) Be liquidated and the proceeds transferred to the lienholders; or
(b) Be transferred to the lienholder if the lien defines as such.

(3) If a plot is acquired by DCT through eminent domain, the cash amount shall be negotiated by the holder of the lien right.
(a) By extension, any legal action on the increase of the compensation shall be done by the holder of the lien right.
(b) Any holder of a property right directly or indirectly on a plot may start legal action to prevent the acquisition of the plot by DCT.

(4) Default behaviour of this right:
(a) If the conditions regarding the exercise of the lien right are met, the goods shall be publicly auctioned off, and the proceeds be given to lienholders.
(b) Any leftovers shall be given back to the owner of the underlying good.

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PART IV — ZONING​

1. Residential Plots
(1) Plots beginning with ‘r’ are residential plots (e.g. ‘r001’, ‘rh001’).

(2) Residential plots may only have houses built on them.

(3) Players cannot have houses with more than three visible floors.
(a) As basements and rooftops aren't entirely visible, they are an exception to this rule.

2. Commercial Plots
(1) Plots beginning with ‘c’ are commercial plots (e.g. ‘c001’).

(2) Commercial plots may only have businesses, offices, shops, apartment buildings, and other commercial buildings built on them.

(3) Commercial plots are height-limited to 60 blocks, unless otherwise approved by the DCT.

3. Industrial Plots
(1) Plots beginning with ‘i’ are industrial plots (e.g. ‘i001’).

(2) Industrial plots may only have factories, warehouses, and production facilities built on them.

(3) Industrial plots are height-limited to 60 blocks, unless otherwise regulated by subordinate laws.

4. Skyscraper Plots
(1) Plots beginning with ‘s’ are skyscraper plots (e.g. ‘s001’).

(2) Skyscraper plots inherit the zoning laws concerning commercial plots, except for the height limitation.

(3) Skyscraper plots are height-limited to 200 blocks and must be taller than 60 blocks.

5. Black Market Plots
(1) Plots beginning with ‘bm’ are black market plots (e.g. ‘bm001’)

(2) Black market plots are exempt from certain laws, as directed by Staff.
(a) Such laws include possession, sale, and advertising of illicit items.

6. Farmland Plots
(1) Plots beginning with ‘wl-f’ are farmland plots (e.g. ‘wl-f001’)

(2) Farmland plots may not be used for commercial purposes, nor industrial purposes other than agriculture, except:
(a) When a substantial portion of a plot is used for agricultural purposes, such plot may contain processing facilities, factories, or warehouse facilities unrelated to agriculture.

(3) Farmland plots are height-limited to 40 blocks, unless otherwise approved by the DCT.

7. Ranch Plots
(1) Plots beginning with ‘fr’ are ranch plots (e.g. ‘fr001’).

(2) Ranch plots shall consist of two sections:
(a) A single rectangular Residential Area defined as a subregion of the ranch plot (e.g. fr001-residential); and
(b) A single Agricultural Area located outside the Residential Area.

(3) Ranch Residential Area Regulations
(a) The residential structure must be entirely contained within the area;
(i) As basements and rooftops aren't entirely visible, they are an exception to this rule; and
(b) The residential area of ranch plots are height limited to 15 blocks above grade, and must remain within a 20-block-by-20-block square floor space, unless otherwise approved by the DCT.

(4) Agricultural Area Regulations
(a) The agricultural area is defined as the portion of the ranch plot outside of the ranch's corresponding Residential Area;
(b) The agricultural area may only be used for agricultural purposes; and
(c) The maximum structure or crop height permitted in the agricultural area is 10 blocks above grade, unless otherwise approved by the Department of Construction and Transportation.

(5) In addition to the other requirements laid out in Section 12 herein, the separate Ranch Residential and Agricultural areas are subject to the relevant regulations of that zoning type unless otherwise specified, but do not contribute towards plot limitations for that zoning type.

8. Government Commercial Spaces
(1) Government Commercial Spaces includes several types of government-owned rentable areas:

(2) Plots beginning with 'cbd', 'nbd', or ‘wbd’ are Business Districts.
(a) Plots beginning with 'cbd' are Central Business District plots (e.g. ‘cbd001’).
(b) Plots beginning with 'nbd' are North Business District plots (e.g. ‘nbd001’).
(c) Plots beginning with 'wbd' are Willow Business District plots (e.g. ‘wbd1’)
(i) The DOI has jurisdiction to create themes and regulate the usage of Willow Business District plots in order to promote specific trades and professions.

(3) Plots beginning with 'revstall' are Market Stalls (e.g. ‘revstall001’).

(4) Plots beginning with 'revnews' are Newsstands (e.g. ‘revnews1’).

(5) Plots beginning with 'ft' are Food Trucks (e.g. ft-001).

(6) Only the DCT shall create rentable regions that fall under these naming conventions.

9. Apartments
(1) An apartment is a rentable space designed for living or non-commercial operations.
(a) The DCT may establish further specifications to identify what constitutes an apartment.
(b) There are no naming conventions for apartment region names.

(2) Prohibited Items and Features
(a) Apartments must not contain Nether portals and/or chest shops.
(b) Lava and Water drops from source blocks must not drip into other rent regions
(c) The DCT may establish further specifications or additional guidelines for abiding by this section.

(3) Apartment Registry
(a) The DOE shall maintain an active registry of apartments.
(b) Registration on the Apartment Registry is voluntary.
(c) The DOE may establish policy for the rules surrounding the registration and enforcement of any violations of the registry.

10. Urban Agriculture
(1) Agriculture is not permitted on Residential, Government Commercial Spaces, or Black Market plots.

(2) Agriculture is permitted on Industrial, Commercial, and Skyscraper plots if it is conducted underground or hidden.

(3) Agriculture is permitted on Farmland and Ranch plots.

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PART V — PLOT OWNERSHIP AND TRANSFERS​

1. Plot Ownership Limits
(1) Commercial Plots. A citizen may not own more than 30 commercial properties.

(2) Residential Plots. A citizen may not own more than 2 residential properties.

(3) Industrial Plots. A citizen may not own more than 2 industrial properties.

(4) Skyscraper Plots. A citizen may not own more than 6 skyscraper properties.

(5) Black Market Plots. A citizen may not own or rent more than 1 black market property.

(6) Ranch Plots. A citizen may not own more than 1 ranch property.

(7) Farmland Plots. A citizen may not own or rent more than 3 farmland properties.

(8) Government Commercial Spaces. A citizen may not own or rent more than 2 of each type of Government Commercial Space.

(9) Realtors. Any citizen with a Realtor job may exceed these limitations by 5 plots each:
(a) Excluding Black Market, Ranch, and Government Commercial Spaces; and
(b) Provided the plots exceeding these limitations are for the purpose of reselling the plot within 30 days of purchasing the plot.

(10) Plots located within towns are not subject to the above plot limits. Each town shall retain jurisdiction to create its own plot limits for plots located within its town.

2. Merged Plots
(1) For the purposes of ownership limits, any merged plots will not be recognised as one plot; rather, they will be counted as the number of sub-plots which form the whole merged plot.

(2) For all other regulatory purposes, including but not limited to zoning compliance, height limitations, building regulations, and eviction proceedings, merged plots shall be considered as one unified property.

(3) The zoning classification of a merged plot shall be designated by the DCT.

3. Sale of Plots
(1) Plots may be sold back to their Landlord for 90% of the plot's in-game price, or be resold to another player, or may be auctioned.

(2) When a plot has been reported for eviction, the report will remain extant until it is resolved or evicted. Transferring ownership of the plot in question will not affect the date of eviction, unless otherwise provided by the relevant Department.

(3) If plot ownership is transferred while there is an active eviction report on the plot or a violation of this Act is present on the plot, the original owner has a duty to disclose the report and/or violation to the buyer or recipient of the plot.

4. Plot Releases
(1) The releasing authority must release plots in a fair and equitable fashion that is controlled and factors in time zones.

5. Auction Levy
(1) There shall be a tax on all eviction auctions held by the DCT based on the number of plots the player making the winning bid has at bid submission.
(a) Town plots, wild plots, and residential plots shall be exempt from both the tax itself and the calculations for the tax.

(2) The following tax schedule shall be used:

Amount of plots owned by the winning bidder (Both numbers inclusive, but not inclusive of the plot won)	Tax (as a % of bid offer)
0-9	0%
10-14	25%
15-20	50%
20+	75%

(3) Players who must pay auction levy tax must calculate and include the tax amount separately in their bid message.

(4) The DCT shall maintain an Auction Policy, including information around the collection of auction levy taxes and the consequences for non-payment.

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PART VI — TENANCY AND LANDLORD OBLIGATIONS​

1. Private Tenant Rights
(1) When a player is renting from a private landlord, they are entitled to the rights listed in this section.

(2) Eviction Notice. Landlords must give the tenant 24-hours' notice before they are evicted from a rental region, excluding:
(a) evictions made by the government pursuant to a valid report made by a building inspector or other eviction enforcement official.

(3) Refund on Eviction. Tenants must be given a full refund of the rent they have prepaid if evicted.

(4) Notice of Entry. Landlords must give the tenant a 12-hour notice prior to entry in their region.
(a) Methods of notice include:
(i) In-game /msg to the tenant;
(ii) Mailing the tenant; and
(iii) Forum direct message to the tenant.
(b) Notices are not required for:
(i) A region with chestshops;
(ii) An inactive tenant; or
(iii) If the tenant provides written permission for entry to the landlord.

(5) Security Cameras. Landlords may not place security cameras anywhere inside a tenant’s rented property without the tenant’s explicit consent.

(6) The tenant of a rental region is afforded the same property rights protections as the Landlord with respect to exclusion of third parties from the rented area.

(7) When renting an apartment region or an entire plot, the person is subsequently owning that area of the plot for the purposes of trespass law. The owner of the plot is not allowed to violate the tenant’s private property and trespass without permission.

2. Public Tenant Rights
(1) When a player is renting from the Government, they are entitled to the rights listed in this section.

(2) Eviction Notice. The Government must give the tenant 48-hours' notice before they are evicted from a rental region, excluding:
(a) A report made by a building inspector.

(3) Refund on Eviction. Tenants must be given a full refund of the rent they have prepaid if evicted.

3. Business Relocation Compensation
(1) Landlords may be required to compensate the tenant for the costs of moving their operations if the rented region was:
(a) The main operation of a registered business; or
(b) The main operation of a group, party, or organisation otherwise.

4. Landlord Responsibilities for Private Rentals
(1) This section applies only to privately owned rentals.

(2) Landlords shall be responsible for the following violations on plots they own:
(a) Eyesore;
(b) Lack of Progress;
(c) Non-compliance; and
(d) Violation of Landlord Laws under this Part.

(3) Tenants will be responsible for the following violations:
(a) Inactivity;
(b) Non-compliance; and
(c) Rental Limitations.

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PART VIII — NATIONAL MONUMENTS, PARKS, AND NATURAL WONDERS​

1. National Monuments Register
(1) The National Monuments Register shall be maintained under the Congressional Library.

(2) The Register shall contain a list of all designated National Monuments

2. Designated National Monuments
(1) The following are designated as National Monuments:
(a) Reveille National Park;
(b) Hamilton Memorial;
(c) Mount Rushvert;
(d) Government House;
(e) Redmont Rotunda;
(f) St Endeavour Cathedral;
(g) Adonis Statue;
(h) Presidential Libraries;
(i) Redmont National Museum;
(j) Casa Del Peach;
(k) FTGWop Statue; and
(l) Swan River Amphitheatre.

3. Additions to National Monuments Register
(1) Additions to the Register must be made by amending this Act.

(2) The structure is protected from the state that it was in prior to the proposal of making it a national monument.

4. National Monument Protections
(1) National Monuments share the same protections as heritage-listed buildings, and their exterior structures cannot be added to or altered.

5. National Parks and Natural Wonders
(1) The DOI is entrusted with the responsibility of overseeing the administration, management, and control of National Parks and Natural Wonders, including the management of public lands within their boundaries.

(2) To fulfil this mandate, the DOI is authorised to utilise and occupy these lands.

(3) The DCT is entrusted with the responsibility of constructing National Parks and Natural Wonders at the direction of the DOI.

6. Designation of National Parks and Natural Wonders
(1) The DOI is empowered to define specific boundaries encompassing designated areas of land.

(2) Land contained within these boundaries shall be designated as either a National Park or a Natural Wonder.

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PART IX — ENCLAVES​

1. Enclave Types
(1) Municipal Enclave. This is an area of a City which adheres to a certain architectural and cultural style. The Enclave will:
(a) Consist of a minimum of 6 plots which are all adjacent to each other;
(b) Have the ability to advise on the decoration of the non-plot areas surrounding Enclave plots; and
(c) Be represented by an Alderperson, designated by the Enclave’s own by-laws, who will coordinate with the DCT regarding the ongoing status, rights, and expansion of the Enclave.

(2) Towns Enclave. This is an area of a Town which adheres to a certain architectural and cultural style. The Enclave will:
(a) Exist in a space as determined by Town leadership;
(b) Have the ability to advise on the decoration of the areas surrounding the Enclave; and
(c) Be represented by an Alderperson, designated by the Enclave’s own by-laws, who will coordinate with the Town leadership regarding the ongoing status, rights, and expansion of the Enclave.

2. Enclave Establishment
(1) The establishment of an Enclave requires:
(a) 3 sponsors (who will become the first members of the Enclave);
(b) The approval of the relevant Leadership body;
(c) An establishing document which will exist as a set of by-laws for the Enclave; and
(d) Any other stipulations put in place by the relevant Leadership body.

3. Rights of Enclaves
(1) All Enclaves shall have the right to:
(a) Decide its own membership based on its by-laws;
(b) Decide its own Leadership based on its by-laws;
(c) Alter its own by-laws based on its by-laws

4. Rights of Cities and Towns over Enclaves
(1) The relevant Leadership body (DCT or Town leadership) retains oversight authority over Enclaves within their jurisdiction.

(2) Revocation Process:
(a) The relevant Leadership body may initiate a consultation period to review an Enclave’s status at any time.
(b) The consultation period shall last a minimum of two weeks, during which:
(i) The Enclave’s Alderperson and members shall be notified in writing of the review;
(ii) The Enclave shall be given an opportunity to address any concerns raised by Leadership; and
(iii) Leadership shall consider any representations made by the Enclave.
(c) At the conclusion of the consultation period, the relevant Leadership body may revoke the Enclave’s status by official decision.

(3) Upon revocation of Enclave status:
(a) The area shall revert to standard zoning and building regulations; and
(b) Existing structures and plots shall not be affected, but shall no longer benefit from Enclave-specific arrangements

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PART X — EXEMPTIONS AND ENFORCEMENT​

1. Repealed Laws
(1) The following Acts of Congress are hereby repealed:
(a) Property Standards Act;
(b) Plot Regulations Act;
(c) Tenant Rights Act;
(d) Tenant Vibes Act;
(e) Monuments Act;
(f) Interior Act;
(g) Reveille Eminent Domain Act;
(h) LDV Landlord Responsibility Act;

2. Transitional Provisions
(1) Any rights, obligations, or proceedings existing under the repealed Acts at the time of commencement of this Act shall continue under the corresponding provisions of this Act.

(2) Any regulations made under repealed Acts shall continue in force, unless they conflict or are replaced by regulations made under this Act.

(3) Any references to repealed Acts in other legislation, regulations, or documents shall be read as references to the equivalent provisions of this Act.

(4) Any National Monument designated under the Monuments Act shall remain designated under this Act.

(5) Any Enclave established under the Enclave Establishment Act shall remain established under this Act.