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Full-Text Articles in Law

Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed. Dec 1956

Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed.

Michigan Law Review

The power of the United States to regulate commerce comprehends a right to control navigation and the means of navigation. To the extent necessary for the enjoyment of this power the government may condemn riparian property. The federal power of eminent domain is limited by the mandate of the Fifth Amendment which requires just compensation for private property taken for a public use. Usually, the standard of just compensation is the market value of the property, taking into consideration the most profitable uses for which the property is suited and likely to be used at the time of the taking, …


Parsons, Penn, Raup: Land Tenure, John C. Payne Dec 1956

Parsons, Penn, Raup: Land Tenure, John C. Payne

Michigan Law Review

A Review of Land Tenure. Edited by Kenneth H. Parsons, Raymond J. Penn and Philip M. Raup.


Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed. Apr 1956

Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed.

Michigan Law Review

The township school trustees brought actions under the Reverter Act to have the possibilities of reverter contained in the deeds to two currently unused school tracts declared invalid. In each case the trial court held that the possibility of reverter was alienable and that the Reverter Act was unconstitutional, being an ex post facto law and in violation of the due process clauses of the state and federal Constitutions. On appeal, held, reversed. Since possibilities of reverter in Illinois are merely expectancies subject to change, modification, or abolition by legislative action, the act does not result in an unconstitutional …


Constitutional Law - Equal Protection - Determinable Fee As Devise To Impose Racial Restrictions On Use Of Land, Charles B. Renfrew S.Ed. Mar 1956

Constitutional Law - Equal Protection - Determinable Fee As Devise To Impose Racial Restrictions On Use Of Land, Charles B. Renfrew S.Ed.

Michigan Law Review

Land was conveyed by deed to the Park and Recreation Commission, a municipal corporation. The grant was in the nature of a determinable fee, with the land to revert to the grantor if it was ever used by members of any race other than the white race. Members of the colored race petitioned the Park and Recreation Commission for permission to use the recreational facilities erected on the land conveyed and the commission then sought a declaratory judgment as to the legal effect of the possibility of reverter contained in the deed, joining the petitioners and the grantors of the …