Homestead

Homestead

HOMESTEAD

The dwelling house and its adjoining land where a family resides. Technically, and pursuant to the modern homestead exemption laws, an artificial estate in land, created to protect the possession and enjoyment of the owner against the claims of creditors by preventing the sale of the property for payment of the owner's debts so long as the land is occupied as a home.

Laws exempting the homestead from liability for debts of the owner are strictly of U.S. origin. Under the English common law, a homestead right, a personal right to the peaceful, beneficial, and uninterrupted use of the home property free from the claims of creditors, did not exist. Homestead rights exist only through the constitutional and statutory provisions that create them. Nearly every state has enacted such provisions. The earliest ones were enacted in 1839 in the Republic of Texas.

Homestead exemption statutes have been passed to achieve the public policy objective of providing lodgings where the family can peacefully reside irrespective of financial adversities. These laws are predicated on the theory that preservation of the homestead is of greater significance than the payment of debts.

Property tax exemptions, for all or part of the tax, are also available in some states for homesteaded property. Statutory requirements prescribe what must be done to establish a homestead.

A probate homestead is one that the court sets apart out of the estate property for the use of a surviving spouse and the minor children or out of the real estate belonging to the deceased.

A homestead corporation is an enterprise organized for the purpose of acquiring lands in large tracts; paying off encumbrances, charges attached to and binding real property; improving and subdividing tracts into homestead lots or parcels; and distributing them among the shareholders and for the accumulation of a fund for such purposes.

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Homestead

Homestead1 City (1990 pop. 26,866), Dade co., SE Fla.; inc. 1913. A large Miami suburb with a growing Hispanic population, Homestead is a trade center for the redland district, known for its many varieties of citrus and other fruits and vegetables. Nearby Homestead Air Force Base was converted to a reserve base in 1994, with development slated for some of the land. The city is the gateway to Everglades National Park (see National Parks and Monuments , table) and the Florida Keys. Local attractions include several tropical gardens, a pioneer museum, a stock car racetrack, and a castlelike building furnished with coral items. A state subtropical experiment station is there, and a nuclear power plant is nearby. In 1992 a disastrous hurricane swept through S Florida, leveling much of the area, including the commercial center of Homestead. 2 Borough (1990 pop. 4,179), Allegheny co., SW Pa., on the Monongahela River just S of Pittsburgh; inc. 1880. Once a foremost U.S. steel producer, Homestead declined rapidly in the 1980s when steel companies relocated overseas. In 1892 the Homestead strike , one of the most bitterly fought industrial disputes in U.S. labor history, occurred there; the site has been redeveloped as the Waterfront, a mixed-use retail-residential complex.

Bibliography: See study by W. Serrin (1992).

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"Homestead." The Columbia Encyclopedia, 6th ed.. 2011. Encyclopedia.com. 30 May. 2012 <http://www.encyclopedia.com>.

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homestead

home·stead / ˈhōmˌsted/ • n. 1. a house, esp. a farmhouse, and outbuildings. 2. Law a person's or family's residence, which comprises the land, house, and outbuildings, and in most states is exempt from forced sale for collection of debt. 3. hist. (as provided by the federal Homestead Act of 1862) an area of public land in the West (usually 160 acres) granted to any U.S. citizen willing to settle on and farm the land for at least five years. 4. (in southern Africa) a hut or cluster of huts occupied by one family or clan, standing alone or as part of a traditional African village. DERIVATIVES: home·stead·er n.

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"homestead." The Oxford Pocket Dictionary of Current English. 2009. Encyclopedia.com. 30 May. 2012 <http://www.encyclopedia.com>.

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Homestead

Home·stead / ˈhōmˌsted/ an agricultural and suburban city in southeastern Florida, southwest of Miami; pop. 28,866.

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homestead

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"homestead." Oxford Dictionary of Rhymes. 2007. Encyclopedia.com. 30 May. 2012 <http://www.encyclopedia.com>.

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Free newspaper and magazine articles

Florida homestead: a difficult post-mortem estate tax planning property.
Magazine article from: Florida Bar Journal; 1/1/2002
The Homestead Exemption Debate.
News Wire article from: Mondaq Business Briefing; 2/25/2008
Florida's homestead realty: is it exempt from imposition of an equitable lien...
Magazine article from: Florida Bar Journal; 7/1/2008

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