Legal Definitions - divestitive publication

Divestitive publication refers to a formal, public announcement or notice that legally terminates or takes away someone's rights, interests, or ownership of something. It is the act of making information public that has the legal effect of divesting (stripping away) a right or title from an individual or entity.

• Example 1: Foreclosure Sale Notice

  When a homeowner defaults on their mortgage, the bank typically publishes a "Notice of Trustee's Sale" in a local newspaper and posts it on the property. This public notice informs potential buyers about the upcoming auction and legally initiates the process that will ultimately divest the homeowner of their property rights if the property is sold to a new owner.

  This illustrates divestitive publication because the public announcement serves as the legal mechanism to inform all interested parties and sets in motion the termination of the original homeowner's ownership rights.

• Example 2: Government Seizure of Land for Public Use

  A city council, after following proper legal procedures, publishes a resolution in the official city gazette announcing its decision to acquire a specific parcel of private land through eminent domain for the construction of a new public library. This resolution also states the compensation offered to the current landowner.

  Here, the publication of the resolution in the official gazette acts as a divestitive publication. It is the formal public declaration that legally begins the process of taking away the private landowner's property rights for public use, even if the final transfer of title occurs later.

• Example 3: Revocation of a Professional License

  Following an investigation and hearing, a state medical board publishes a formal order on its official website and in a widely circulated professional journal announcing the permanent revocation of a doctor's medical license due to severe professional misconduct.

  This public announcement is a divestitive publication because it legally and publicly terminates the doctor's right to practice medicine within that state, effectively stripping them of their professional privilege.