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Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola

St. John's Law Review

(Excerpt)

On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …

The Power Of State Legislatures To Invalidate Private Deed Restrictions: Is It An Unconstitutional Taking?, Ken Stahl

Pepperdine Law Review

Over the past several years, state legislatures confronting a severe housing shortage have increasingly preempted local land use regulations that restrict housing supply in an effort to facilitate more housing production. But even where state legislatures have been successful, they now confront another problem: many of the preempted land use regulations are duplicated at the neighborhood or block level through private “covenants, conditions and restrictions” (CCRs) enforced by homeowners associations (HOAs). In response, California’s legislature has begun aggressively invalidating or “overriding” these CCRs. While many states have barred HOAs from prohibiting pets, clotheslines, signs, and flags, California has moved much …

A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren

William & Mary Bill of Rights Journal

In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …

Table Of Contents

Seattle University Law Review

Table of Contents

Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger

Journal of the National Association of Administrative Law Judiciary

This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …

The Morality Of Regulation, Loren A. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.

Searching For The Status Quo, Jeremy Paul

Cardozo Law Review

No abstract provided.

Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger

Villanova Law Review

No abstract provided.

Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman

Villanova Law Review

No abstract provided.

Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert

Villanova Law Review

No abstract provided.

The Pennsylvania Supreme Court And Exclusionary Suburban Zoning: From Bilbar To Girsh - A Decade Of Change, John W. Nilon Jr.

Villanova Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Eminent Domain-Public Use

Indiana Law Journal

No abstract provided.

Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

Constitutional Law--Tax-Exemption Of Realty Purchase With War Insurance Payments, Jack C. Burdett

West Virginia Law Review

No abstract provided.

Constitutionality Of Emergency Rental Regulation, Walter F. Dodd

West Virginia Law Review

No abstract provided.