Digital Commons Network^™

Rethinking The Renter/Owner Divide In Private Governance, Hannah J. Wiseman

Scholarly Publications

The revered status of American homeownership has deep and seemingly impenetrable roots. In our modern mythology/reality, the castles that shelter and nurture our pursuit of the good life are under siege. A narrative common to both popular media accounts and a burgeoning property literature warns that private homeowners’ associations hold dominion over millions of Americans, dictating what they may do with their property and foreclosing when they cannot pay association fees or fines. In response to this threat, legislatures, courts, and academics are fighting to stave off these intrusions by the content and use of constraining servitudes. In focusing on …

Public Communities, Private Rules, Hannah J. Wiseman

Scholarly Publications

As the American population grows, communities are seeking creative property tools to control individual land uses and create defined community aesthetics, or distinctive “built environments.” In the past, private covenants were the primary mechanism to address this sort of need. Public communities, however, have begun to implement covenant-type “private” rules through zoning overlays, which place unusually detailed restrictions on individual property uses and, in so doing, have created new forms of “rule-bound” communities. This Article will argue that all types of rule-bound communities are uniquely important because they respond to resident consumers’ heightened demand for a community aesthetic. It will …

Publicity Rights As Moral Rights, David Landau, David Westfall

Scholarly Publications

Recent legal history has witnessed the creation of a large number of new forms of property. Consequently, judges and legislators have generally been willing to imbue these new forms of property with all or most of the attributes of traditional property. In this article we try to explain this trend by examining one important new kind of property, the publicity right. Publicity rights initially emerged in response to functionalist considerations: transferable rights were needed to keep pace with commercial custom. As time went on, courts began to expand the attributes of the right to new frontiers, such as inheritability. In …

A Two-Dimensional Framework Of Property Rights Regimes, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Why Craft Isn't Scary, Steve R. Johnson

Scholarly Publications

In April 2002, the Supreme Court of the United States decided United States v. Craft. The Court held that the federal tax lien attaches to a tax-debtor spouse’s interest in property held in tenancy by the entirety even when the other spouse does not owe tax and state law provides that entireties property and interests cannot be reached by separate creditors of only one spouse.

Craft was correctly decided. The older, contrary view that Craft displaced was fundamentally at odds with federal tax collection analysis as laid out by the Court. In addition, the old view invited tax abuse and …

Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie

Florida State University Law Review

No abstract provided.

A Measured Step To Protect Private Property Rights, David L. Powell, Robert M. Rhodes, Dan R. Stengle

Florida State University Law Review

No abstract provided.

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos Vargas

Florida State University Law Review

No abstract provided.

A "New American Land Ethic": Utilizing The Endangered Species Act To Settle Land Disputes, Kelly A. O'Keefe

Florida State University Law Review

No abstract provided.

Private Property Rights Legislation: The "Midnight Version" And Beyond, Kent Wetherell

Florida State University Law Review

No abstract provided.

Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis

Florida State University Law Review

No abstract provided.

To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes

Florida State University Law Review

A Practitioner's Guide to Development Impact Fees. By James C. Nicholas, Arthur C. Nelson, and Julian C. Juergensmeyer. American Planning Association: Planners Press. 1991. Pp. 294. $54.95.

Construction Lien Law Reform: The Equilibrium Of Change, Fred R. Dudley, William A. Buzzett, Deborah Kaveney Kearney

Florida State University Law Review

No abstract provided.

Personal Property Leasing In Florida: Moving 2a Uniform Treatment, James E. Foster, David G. Shields

Florida State University Law Review

No abstract provided.

New Life For The Agency Theory: Commissioner V. Bollinger, 108 S. Ct. 1173 (1988), Linda J. Griffiths

Florida State University Law Review

No abstract provided.

The Effect Of The Warranty Of Habitability On Low Income Housing: "Milking" And Class Violence, Duncan Kennedy

Florida State University Law Review

Housing for the poor suffers in quantity and quality as tenement landlords "milk" still viable buildings, allowing them to deteriorate and become uninhabitable at a rate that outstrips construction of new housing. As a result, the rate at which the poor filter up into higher quality buildings slows, crowding low income tenants into fewer, more run down buildings. Professor Kennedy postulate that selective enforcement of a warranty of habitability can maximize the useful lives of tenement buildings, and, contrary to the "mainstream" view, exert downward pressure on rents while increasing the supply of low income housing.

Johnson V. Davis, 480 So. 2d 625 (Fla. 1985), Biff Craine

Florida State University Law Review

Real Property-SELLERS' LIABILITY FOR NONDISCLOSURE OF REAL PROPERTY DEFECTS

Bonifay V. Garner, 445 So. 2d 597 (Fla. 1st Dca 1984), James S. Ford

Florida State University Law Review

Real Property-ADVERSE POSSESSION, RIPARIAN RIGHTS, IMPLIED EASEMENTS: AN INTERRELATION OF ISSUES

Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad

Florida State University Law Review

Constitutional Law/Property-RESTRICTIVE COVENANTS: DO THEY APPLY TO PUBLIC BODIES?

The New Mortgages: A Functioning Legal Analysis, Christopher Caswell

Florida State University Law Review

No abstract provided.

Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly

Florida State University Law Review

Waters and Waterways-PUBLIC USE-THE EFFECT OF PROPERTY LAW AS A LIMITATION ON FEDERAL NAVIGATIONAL SERVITUDE

Bessemer V. Gersten, No. 52,264 6 Fla. L.W. 78 (Sup. Ct. Feb. 8, 1979), Jeffrey H. Abrams

Florida State University Law Review

Real Property-HOMESTEAD-LIEN FOR RECREATIONAL RENTAL ARISING FROM NONPAYMENT WILL PREVAIL OVER BUYER'S HOMESTEAD RIGHT

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.

Realty Shelters: Nonrecourse Financing, Tax Reform And Profit Purpose, Donald J. Weidner

Scholarly Publications

The Tax Reform Act of 1976 made sweeping changes in the area of tax shelters. Real estate tax shelters are the only ones to survive with any semblance of their former vitality. Two rules were introduced to prevent investors from claiming tax losses in excess of amounts they place “at risk,” and neither rule considers a nonrecourse liability an amount “at risk.” The first applies to four specific tax shelters, not including real estate, and the second is a catchall that applies to all partnerships other than real estate partnerships. Thus, it is only in the real estate area that …

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.

Florida State University Law Review

No abstract provided.

Realty Shelter Partnerships In A Nutshell, Donald J. Weidner

Scholarly Publications

There continues to be heated discussion about tax reform in the area of real estate tax shelters. In the past few years, the Internal Revenue Service has taken what many feel to be substantively unsupportable moves against the use of real estate partnerships to deliver tax shelter to high bracket investors. The purpose of this Article is to explain the Service's actions against realty partnerships in the context of current manipulations of the partnership form.

City Of Daytona Beach V. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974), Florida State University Law Review

Florida State University Law Review

Real Property- DOCTRINE OF CUSTOMARY RIGHTS- CUSTOMARY PUBLIC USE OF PRIVATELY OWNED BEACH PRECLUDES ACTIVITY OF OWNER INCONSISTENT WITH PUBLIC INTEREST.

Yearend Sales Of Losses In Real Estate Partnerships, Donald J. Weidner

Scholarly Publications

No abstract provided.

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

Florida State University Law Review

No abstract provided.