Law Commons^™

Sale Of Property Of The Estate Free And Clear Of Restrictions And Covenants In Bankruptcy, Basil Mattingly

Basil H. Mattingly

No abstract provided.

Forum Over Substance: Order From Chaos In Regulatory Takings Jurisprudence, Basil Mattingly

Basil H. Mattingly

No abstract provided.

Marital Property In Illinois: The Complexities Wrought By The Presumption Of Gift, Transmutation, And Commingling, William Gregory

William A. Gregory

No abstract provided.

The Lost Takings Test, Josh Eagle

Josh Eagle

In recent decades, the Supreme Court has used oceanfront property as a principal vehicle for the development of Fifth Amendment takings law. Cases alleging that a state government has taken oceanfront land have produced landmark opinions such as Nollan v. California Coastal Commission (1987), Lucas v. South Carolina Coastal Council (1992), and Stop the Beach Renourishment v. Florida Department of Environmental Protection (2010).

In each of these cases, the Court has applied its standard, positivist takings analysis: first, identifying the rights of the landowner; then, weighing the extent to which the government’s action has limited those rights. This Article argues …

"Less Than Straightforward" People, Facts And Trusts: Reflections On Context: Favor Easy Management Ltd V Wu [2012] Ewca Civ 1464, Man Yip, James Lee

Man YIP

In Favor Easy Management the Court of Appeal considered a dispute between a man and a woman over the beneficial ownnership of two prooperties. The case principally involved vehement factual disagreement between the parties over the cirumstances of the purchase, but there are some points worthy of note in the application of the law.

The Rules Applying To Unmarried Cohabitants’ Family Home: Jones V Kernott [2011] Uksc 53, Man Yip

Man YIP

No abstract provided.

The Rules Applying To Unmarried Cohabitants' Family Home, Man Yip

Man YIP

No abstract provided.

Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam

Sara C. Bronin

Provides detailed coverage of zoning and planning with case law, including constitutional and statutory limitations on government zoning and planning powers, remedies for wrongful land use regulation, rezoning issues, and subdivision restrictions. Discusses tort actions and governmental immunities, especially beneficial in litigation, and provides extensive footnoting for state-specific referencing. Examines evolving issues such as: floodplain and wetlands regulation, growth management, regulation of hazardous wastes, historic preservation laws, variances, building permits, housing laws, restrictions on manufactured housing, private covenants, regulation of adult entertainment businesses, and regulation of religious land use. Provides procedural information, detailed index, and Table of Cases.

Senza Proprietá Non C’É Libertà. Falso!, Ugo Mattei

Ugo Mattei

No abstract provided.

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …

Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener

Michael N. Widener

Conservation of the “built heritage” optimally manages historic values of property in light of current community imperatives of sustainability and urban center revitalization. Sensible historic preservation reveals the values of the past for present and future generations while delivering high-quality built environments that incorporate community sustainability. Adaptive reuse of historic structures preserves without ruining place-making. This paper argues that greater emphasis must be placed upon adaptive reuse in historic preservation initiatives. Acknowledging the larger significance of community cohesion and livability for all citizens, community planning processes within state and local governments must impose certain constraints upon historic property designation and …