Recreation Vehicle and Mobile

Encyclopedia Smithsonian: Recreational Vehicles Smithsonian Institution Recreational Vehicles Selected References: Boardman, John. Living on Wheels: The Complete Guide to Motor Homes . BlueRidge Summit, PA: Tab Books, 1987. Burkhart, Bryan. Airstream: The History of the Land Yacht . San Francisco:Chronicle Books, 2000. Byam, Wally. Trailer Travel Here and Abroad: The New Way to Adventurous Living .New York: David McKay Company, 1960. (Airstream) Edwards, Carlton M. Homes for Travel and Living: The History and Development of theRecreation Vehicle and Mobile Home Industries . East Lansing, MI: Carol Edwards andAssociates, 1977. Kiefer, Charles. "Wally Byam--The Man and the Myth." Trailer Life .(March 1981). Landau, Robert, and James Phillippi. Airstream. Salt Lake City, UT: Gibbs M.Smith, 1984. Mergen, Bernard. Recreation Vehicles and Travel: A Resource Guide . Westport,CT: Greenwood Press, 1985. Peterson, Kay. Home Is Where You Park It . rev. ed. Livingston, TX: RoVersPublications, 1990. Stewart, Doug. "To Airstreamers, A Nomad's Life is the Good Life." Smithsonian (December 1985): 74-83. Thornburg, David A. Galloping Bungalows: The Rise and Demise of the American HouseTrailer . Hamden, CT: Shoe String Press, Inc., 1990. Wallis, Allan D. Wheel Estate: The Rise and Decline of Mobile Homes . New York:Oxford University Press, 1991. White, Roger B. Home on the Road: The Motor Home in America . Washington, D.C.:Smithsonian Institution Press, 2000. _________ "At Home on the Highway." American Heritage (December1985): 98-105. Wolman, Baron (photog.) Vans: A Book of Rolling Rooms . Garden City, NY:Dolphin Books, 1976. Prepared by the Transportation Collections, National Museum of American History,in cooperation with the Public Inquiry Mail Service, Smithsonian Institution PIMS/TRA29-04/96 NOTE: This publication can be made availablein Braille or audio cassette. To obtain a copy in one of these formats, please call orwrite : Smithsonian Information Smithsonian Institution PO Box 37012 SI Building, Room 153, MRC 010 Washington, DC 20013-7012 202-633-1000 (voice); 202-357-1729 (TTY) e-mail: info@si.edu (Please provide postal address.) Transportation History FAQs || Encyclopedia Smithsonian Visitor Information and Associates' ReceptionCenter Public Inquiry Mail Service Smithsonian Institution

MOBILE HOME SALES LTD.

RE PARK MOBILE HOME SALES LTD. AND LE GREELY (618) RE PARK MOBILE HOME SALES LTD. 283 RE PARK MOBILE HOME SALES LTD. AND LE GREELY (1978), 85 D.L.R. (3d) 618 British Columbia Court of Appeal, Farris C.J.B.C., Taggart and SeatonJJ.A., 6 March 1978 (On appeal from judgment of British Columbia County Court, suprap.278) 284 RE PARK MOBILE HOME SALES LTD. (618) Landlord and tenant -- Rent -- Increase -- Whether provisions of Landlordand Tenant Act restricting rent increases applicable to premises located on In- dian reserve where landlord and tenant not Indians -- Landlord and Tenant Act,1974 (B.C.), c. 45, s. 27. Indians -- Jurisdiction -- Landlord and Tenant Act restricting right to in- crease rent -- Whether applicable to tenancy of residential premises on Indianreserve where landlord and tenant not Indians -- Landlord and Tenant Act, 1974(B.C.), c. 45, s. 27. Section 27 (rep. & sub. 1974, c. 109, s. 10) of the Landlord and Tenant Act , 1974(B.C.), c. 45, which restricts the right of a landlord to increase rent for residentialpremises, applies to a month-to-month tenancy of a pad located in a mobile homepark on an Indian reserve where the landlord and tenant are not Indians. The Landlord and Tenant Act is within the legislative authority of the Province pur- suant to s. 92 of the British North American Act, 1867 , and is not legislation in rela- tion to a subject-matter assigned exclusively to the Canadian Parliament under91 of that Act. [ Cardinal v. A.-G. Alta. (1973), 40 D.L.R. (3d) 553, 13 C.C.C. (2d) 1, [1974] 2 S.C.R.695, [1973] 6 W.W.R. 205, apld; Corp. of Surrey et al. v. Peace Arch Enterprises Ltd.et al. (1970), 74 W.W.R. 380, distd] APPEAL from a judgment affirming the jurisdiction of the rent- alsman. John A. McAfee , for applicant, appellant. J. T. Steeves and N. W. Dowad , for respondents. The judgment of the Court was delivered by FARRIS, C.J.B.C.:--The issue in this appeal is whether s. 27 [rep.& sub. 1974, c. 109, s. 10] of the Landlord and Tenant Act , 1974(B.C.) c. 45, which restricts the right of a landlord to increase rentfor residential premises applies to a month-to-month tenancy of apad located in a mobile home park on an Indian reserve, the land- lord and tenant being non-Indians. It is my view that this sectiondoes apply. The Tsinstikeptum Indian Reserve No. 9 is located in OsoyoosDivision of the Yale District of the Province of British Columbia.On July 1,1971, Her Majesty the Queen, represented by the Minis- ter of Indian Affairs and Northern Development, leased to Wes- Kel Holdings Ltd., Lots 31 and 32 of the reserve, for a term of 50years. On October 12,1972, Wes-Kel Holdings Ltd. sublet the prop- erty (for the balance of the term) to Park Mobile Homes Sales Ltd.,the appellant herein. In August, 1975, the appellant rented a mo- bile home pad to the respondent Le Greely pursuant to the termsof a month-to-month residential tenancy agreement. Subsequently,a dispute arose between the appellant and the respondent in re- spect of a proposed rent increase. (619) RE PARK MOBILE HOME SALES LTD. 285 A hearing was held on the matter before the rentalsman underthe provisions of the Landlord and Tenant Act . At the hearing,counsel for the appellant argued that the rentalsman was withoutjurisdiction to hear the dispute as the mobile park was located onIndian land belonging to the federal Government. The rentalsmanruled that he did have jurisdiction to hear this dispute. An appealwas taken from his decision to His Honour Judge Macdonald, who,in effect, affirmed the rentalsman's decision. It is from thisaffirmation that the present appeal is brought. Section 91(24) of the British North America Act, 1867 confersexclusive authority on the Parliament of Canada to legislate in re- lation to "Indians and Lands reserved for the Indians". Pursuantto this paragraph Parliament has enacted the Indian Act , R.S.C.1970, c. I-6. Section 60(1) of the Act provides that the Governor inCouncil may, at the request of a band, grant to the band the rightto exercise such control and management over land in the reserveoccupied by that band as the Governor in Council considers desira- ble. It is common ground that there has been no exercise of thispower. It is also common ground that there has been no exercise ofthe power of the Governor in Council to make regulations under s.73(1) applicable to the lands in question. Section 88 of the Indian Act reads as follows: 88. Subject to the terms of any treaty and any other Act of the Parliamentof Canada, all laws of general application from time to time in force in anyprovince are applicable to and in respect of Indians in the province, except tothe extent that such laws are inconsistent with this Act or any order, rule, reg- ulation or by-law made thereunder, and except to the extent that such lawsmake provision for any matter for which provision is made by or under thisAct. It is agreed that this section has no application to the present dis- pute as neither the appellant nor the respondent is an Indian andalso it does not apply to Indian lands. Counsel for the appellant concedes that the Landlord and Ten- ant Act is valid legislation within the competence of the Legisla- ture of British Columbia. He also concedes that it is an Act of gen- eral application. The sole question in this appeal is whether or nots. 27 of that Act applies to the tenancy in question. We were in- vited by counsel for the appellant to rule on the application of allsections of the Landlord and Tenant Act to lands forming part ofan Indian reserve. This I decline to do. It is the practice of thisCourt to deal only with the specific dispute that is before it. In my view, the result of this appeal is determined by the major- ity decision of the Supreme Court of Canada in Cardinal v. A.-G.Alta. (1973), 40 D.L.R. (3d) 553, 13 C.C.C. (2d) 1, [1974] 2 S.C.R. 695,and particularly at p. 560 D.L.R., p. 703 S.C.R., where Mr. JusticeMartland, speaking for the majority of the Court, said: 286 RE PARK MOBILE HOME SALES LTD. (620) In my opinion, the test as to the application of provincial legislation within areserve is the same as with respect to its application within the Province andthat is that it must be within the authority of s. 92 and must not be in relationto a subject-matter assigned exclusively to the Canadian Parliament under s.91. Two of those subjects are Indians and Indian reserves, but if provincial leg- islation within the limits of s. 92 is not construed as being legislation in relationto those classes of subjects (or any other subject under s. 91) it is applicableanywhere in the Province, including Indian reserves, even though Indians orIndian reserves might be affected by it. My point is that s. 91(24) enumeratesclasses of subjects over which the federal Parliament has the exclusive powerto legislate, but it does not purport to define areas within a Province withinwhich the power of a Province to enact legislation, otherwise within its pow- ers, is to be excluded. Here, the Landlord and Tenant Act is within the authority of s.92. It is not in relation to a subject-matter assigned exclusively tothe Canadian Parliament under s. 91. This case is stronger on its facts than was the Cardinal case.There the Court held that if the legislation passed the above-men- tioned test it would be applicable everywhere in the Province, in- cluding Indian reserves, even though Indians or Indian reservesmight be affected by it. In the present case, the dispute is betweennon-Indians; further, an increase in rent does not affect Indianlands or the use of Indian lands. It follows that the rentalsman hasjurisdiction under s. 27 of the Landlord and Tenant Act to dealwith the dispute. Counsel for the appellant relied on the decision of this Court in Corp. of Surrey et al. v. Peace Arch Enterprises Ltd. et al. (1970),74W.W.R. 380, where it was held that developers holding a lease oflands forming part of an Indian reserve were not subject to munic- ipal zoning by-laws or to regulations made under the provincial Health Act , R.S.B.C. 1960, c. 170. In that case, however, the Courtheld that both zoning and health regulations were directed to theuse of that land. At p. 383, Maclean, J.A., speaking for the Court,said: It follows, I think, that if these lands are "lands reserved for the Indians"within the meaning of that expression as found in sec. 91(24) of the B.N.A.Act, 1867 , that provincial or municipal legislation purporting to regulate theuse of these "lands reserved for the Indians" is an unwarranted invasion of thelegislative jurisdiction of Parliament to legislate with respect to"lands reserved for the Indians". In Cardinal v. A.-G. Alta., supra , the Supreme Court of Canadainterpreted this decision as meaning that the provincial legislationin question related to the use of Indian lands and was therefore notapplicable to them. See the remarks of Martland, J., at pp. 560-1D.L.R., pp. 704-5 S.C.R.: In District of Surrey v. Peace Arch Enterprises Ltd. (1970), 74 W.W.R. 380,the situation was different. It involved lands in an Indian reserve which hadbeen "surrendered" in trust to the federal Crown for the purpose of leasing.The issue was as to whether the lands were subject, in their use by the lessees, (621) RE PARK MOBILE HOME SALES LTD. 287 who were non-Indians, to certain municipal by-laws and to Regulations underthe provincial Health Act . The Court found that the lands in question were still"lands reserved for the Indians" and, that being so, only the federal Parlia- ment could legislate as to the use to which they might be put. The Morley case[ R. v. Morley (1931), [1932] 4 D.L.R. 483, 58 C.C.C. 166, [1932] 2 W.W.R. 193] isnot mentioned in the judgment and I presume that this was so because thecases were not considered as parallel. Once it was determined that the lands re- mained lands reserved for the Indians, provincial legislation relating to theiruse was not applicable. The game law considered in the Morley case governedthe conduct of persons hunting game in British Columbia and was held to ap- ply in all parts of the Province. The Surrey case is thus distinguishable from that now before us.In the present case the section in question is not legislation in rela- tion to Indian land or the use of Indian land. A number of cases dealing with paramountcy and occupied fieldwere referred to by counsel, but that question does not arise be- cause the field has not been occupied by federal legislation. Accordingly, I would dismiss the appeal. Appeal dismissed.

Recreation Vehicle Insurance

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RV Trader Online Contents Home Search Browse Place An Ad · modify your ad · renew your ad Find a Dealer Buyer's Guide Subscribe Help My RV Trader RV Insider Resources Financial Services NADA RV Values Insurance Products for the RV Lifestyle RV Transport Warranties RV Donation Generators RV Lots and Properties for Sale Campgrounds/Resorts RV Rentals Loan Calculator RV Links Escrow Dealers Sign Up Now! Demo Login Password Forgot your password? Click here . Links Find recreational vehicle links quickly by browsing the categories below. If you would like to see a link added, CLICK HERE . Publications Camping Magazines Total Links this Category: 23 AdventureZine Welcome to AdventureZine Beginners Guide to RVing Articles, information and advice for beginning RVers or others who are considering taking up the RV lifestyle. Camp Creations Inc Click for MSN. Cool Camps The entire OCA directory of camps is now online! Beat the Freeze! Raven Ski Club has an incredible Ski and Snowboard progra Fish and Game Finder Magazine Email Us In the News 12/01/97 - We have added Georgia to our Fishing & Hunting Reports. Find where they are biting.11/07/97 - This New section will i Get Lost Adventure Magazine Welcome To: Gypsy Journal RV Travel Newspaper Fulltime RVers Nick & Terry Russell wander America's highways and back roads and write about small towns, historic sites, oddball museums, and the weird, wacky, and wonderful people they meet along the way. Moon Travel Handbooks Moon Publications, Inc. 330 Wall Street Chico, CA 95928 USA phone: (800) 345-5473 outside the usa: (530) 345-5473 fax: (530) 345-6751 Excerpts and up Motor Home Online Welcome to MOTORHOME -- the countrys No. 1 magazine for motorhome enthusiasts. Want to test drive new coaches, get the low-down on tech talk, keep up N.A.D.A. Appraisal Guides Provides free access to used Rv values for all types Truck Campers, Motor Homes, Travel Trailers and Tent Trailers. OUT WEST AN INCREDIBLY FAST-LOADING WEB SITE. NO WASTING YOUR TIME HERE, PARDNER! LAST UPDATE: Tuesday, December 2, 1997 Sign up for our FREE E-zine. It's awe Outdoors Network Online Description not available Personal Watercraft Illustrated Online Welcome to the Personal Watercraft Illustrated Home Page Personal Watercraft Illustrated is a monthly publication devoted to the interests of watercr RV America On Line On Line magazine for RV enthusiasts RV Times The RV Times is Western Canada's most popular RV lifestyle magazine, available free at 100's of pick up locations around BC or by mail subscription.I RV Trader Magazine RV Trader offers thousands of recreational vehicles for sale by both private individuals and businesses. RV Trader Online Welcome to RV Trader(r) Online! You've setup camp in the right website! We feature the following: Search today's selection of 9,385 Recreational Vehi RV-Coach Online Online RV, Bus Conversion and Camping Resource. Chat, Newsgroups, Gallery and News. Ron McAdow Weekly Through My Window Humor Articles Stories Photographs with Comments Highpoints. A weekly online magazine. Rv Publications. Com Your online source for Rv buying help-Home of the "Rv Buyers Survival Guide." All the facts without the fluff. Scenes of Vermont Scenes of Vermont is an independent eclectric zine on Vermont life.Find your favorite New England inn or b&b here. Get daily reports on downhill and Trailer Life Two-Lane Roads quarterly A nostalgic adventure on America's backroads. Travel writer Loren Eyrich takes his motorhome on a quest for offbeat attractions. iRV2.com A place where RV and Camping enthusiast can gather to discuss the vehicles, trailers, products and places which make this hobby and/or lifestyle so gr If you would like to see a link added " CLICK HERE ". Pick Up a National RV Trader Today! | Search | Place an Ad | Find a Dealer | Resources | Site Map | | Contact Us | About Us | Help | Privacy Policy | Fraud Prevention Tips | Visitor Agreement | Security Center | 2006, Trader Publishing Company All Rights Reserved. This document is strictly for informational, non-commercial purposes. Aero | ATV | Auto | Auto | -- Boats | Collector Car | Cycle | Equipment | Merchandise | RV | Truck | TraderOnline || Apartments | Homes | Jobs | Lodging | Parenthood | Vacation Rentals AutoExtra.com | AutoMart.com BoatTraderOnline.com | Boats.com | YachtWorld.com | Soundings | Nor'easter | PassageMaker HarmonHomes.com | Homes.com | NUMBER1EXPERT.com | DistinctHomes.com

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