Norton V. Black, 469 C. Id
To be a considered a natural condition, it must remain its natural state—despite the movement or relocation. Norton v. Black, 469 P.2D 102. For example, in Norton, a young boy was injured while playing on a hedge that was planted by property owners. Id. 102. The court held that the hedge was natural. Id. The court reasoned that the planted hedge was indistinguishable from one in its natural state. Id. Despite its relocation, the hedge still remained a hedge. Id. Under this view, merely moving, rearranging, or widening an object does not make it artificial. Id. Relocation of the condition does not make a difference in its condition. Id. Norton demonstrates that Herrera is entitled to judgment as a matter of law in this action. Like the hedge in Norton, Herrera’s land art remained a natural condition—despite its relocation. In Norton, the property owners planted a hedge. Relocating a hedge does not change the fact that it still remains a hedge. Thus, the court held the hedge was natural. Similarly, Herrera’s land art remained natural, even when Herrera relocated rocks from a nearby quarry and stacked them on top of one another. If the rock towers were to be unstacked, they would still remain natural rocks. Additionally, Herrera widened the dimensions of the pond, …show more content…
The court held that the condition was artificial because it was modified by human interaction. State v. Juengel 489 P.2d at 872. A boy and his family were climbing a rock formation. Id. at 872. The rock formation had been dynamited to make a highway, which caused the condition to become unstable. Id. While climbing, the rock beneath the boy’s foot gave way resulting in his death. Id. The court held that the condition was artificial. The court reasoned the condition was artificial because it was modified by human interaction because the rock formation was no longer in its natural condition when the dynamiters modified it by exploding the property. Id at 873. Id at
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