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Full-Text Articles in Law

What Will China Do When Land Use Rights Begin To Expire?, Gregory M. Stein Jan 2017

What Will China Do When Land Use Rights Begin To Expire?, Gregory M. Stein

Vanderbilt Journal of Transnational Law

China does not permit the private ownership of land. Instead, private parties may obtain the right to use property for up to seventy years. These parties own the structures on the land but not the underlying real estate. China's recent economic boom hinges on the success of its real estate market, but the government has not yet addressed three critical questions it must answer soon: Does the holder of a land use right have the ability to renew that right when it expires? If the holder has this ability, must it pay to renew the right? And, if the holder …


Enter Sandman: The Viability Of Environmental Personhood To Us Soil Conservation Efforts, Thomas E. Johnson Jan 2017

Enter Sandman: The Viability Of Environmental Personhood To Us Soil Conservation Efforts, Thomas E. Johnson

Vanderbilt Journal of Entertainment & Technology Law

The US agricultural system relies on healthy soil for economic and environmental stability. The federal government established soil conservation efforts following the Dust Bowl, and state and local entities later developed legal tools to supplement soil conservation. These efforts, however, are insufficient to protect the nation's soil in the face of a changing climate. Conservation techniques are available that could substantially mitigate the effects of climate change, but the federal government lacks the tools to encourage their uniform adoption. The rigidity of prior state efforts, moreover, has disabled some landowners from adapting conservation lands to modern challenges. This Note recommends …


Penn Central Take Two, Christopher Serkin Jan 2017

Penn Central Take Two, Christopher Serkin

Vanderbilt Law School Faculty Publications

Penn Central v. New York City is the most important regulatory takings case of all time. There, the Supreme Court upheld the historic preservation of Grand Central Terminal in part because the City offset the burden of the landmarking with a valuable new property interest—a transferable development right (TDR)—that could be sold to neighboring property. Extraordinarily, 1.2 million square feet of those very same TDRs, still unused for over forty years, are the subject of newly resolved takings litigation. According to the complaint, the TDRs that saved Grand Central were themselves taken by the government, which allegedly wiped out their …