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Property Law and Real Estate

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Journal

1978

Leases

Articles 1 - 2 of 2

Full-Text Articles in Law

The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering Sep 1978

The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering

West Virginia Law Review

The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …


The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl Jun 1978

The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl

West Virginia Law Review

Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …