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Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Importance of Property Rights
September 29-30, 2022
Panel 1: The Importance of Property Rights: A Tribute to James S. Burling
Panel 3: Roundtable: Emerging Issues in Takings and Property Rights Litigation
Featured Authors (Burling, Kanner, and Valois)
Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet
Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet
William & Mary Law Review
Non-fungible tokens (popularly known as NFTs) and blockchains are frequently promoted as the solution to a multitude of property ownership problems. The promise of an immutable blockchain is often touted as a mechanism to resolve disputes over intangible rights, notably intellectual property rights, and even to facilitate quicker and easier real estate transactions.
In this Symposium Article, we question the use of distributed ledger technologies as a method of facilitating and verifying the transfer of physical assets. As our example of an existing transfer method, we use real property law, which is characterized by centuries-old common law rules regarding fractionalized …
The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz
The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz
St. Thomas Law Review
This article summarily analyzes those more subtle forms of property rights infringement, including historical designations and blight designations, and it critiques laws in place that purport to grant local government the authority to assert such designations. This article also provides a summary of the causes of action owners aggrieved by unjust designations could bring in response, and critiques the flaws in those elective safeguards, which are prevalent even in property rights friendly jurisdictions such as Florida. It then proposes high-level solutions to enact legislation to limit fee exposure for property owners who bring inverse condemnation actions and Bert J. Harris …