Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Property (8)
- Land use (5)
- Eminent domain (4)
- Takings (4)
- Takings Clause (4)
-
- Fifth Amendment (3)
- Ownership (3)
- Property theory (3)
- Dolan (2)
- Exactions (2)
- Housing (2)
- Identity (2)
- Just Compensation Clause (2)
- Koontz (2)
- Nollan (2)
- Progressive property (2)
- Property rights (2)
- Unconstitutional conditions (2)
- 9/11 (1)
- Adaptation (1)
- African-American (1)
- Airbnb (1)
- Akerlof (1)
- Archaeology (1)
- Attorneys (1)
- Augmented space (1)
- Black (1)
- Brigham-Kanner Property Rights Conference (1)
- Bundle of sticks (1)
- CBIA (1)
- Publication
Articles 1 - 21 of 21
Full-Text Articles in Law
Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark
Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark
Debra Pogrund Stark
Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property.
This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
Daniel Sharfstein
Presented at the 2010 Brigham-Kanner Property Rights Conference.
On Bargaining For Development, Timothy M. Mulvaney
On Bargaining For Development, Timothy M. Mulvaney
Timothy M. Mulvaney
In his recent article, Bargaining for Development Post-Koontz, Professor Sean Nolon concludes that the Supreme Court’s recent ill-defined expansion of the circumstances in which land use permit conditions might give rise to takings liability in Koontz v. St. John’s River Water Management District will chill the state’s willingness to communicate with permit applicants about mitigation measures. He sets out five courses that government entities might take in this confusing and chilling post-Koontz world, each of which leaves something to be desired from the perspective of both developers and the public more generally.
This responsive essay proceeds in two parts. First, …
Progressive Property Moving Forward, Timothy M. Mulvaney
Progressive Property Moving Forward, Timothy M. Mulvaney
Timothy M. Mulvaney
In his thought-provoking recent article, “The Ambition and Transformative Potential of Progressive Property,” Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in this essay, though, …
Legislative Exactions And Progressive Property, Timothy M. Mulvaney
Legislative Exactions And Progressive Property, Timothy M. Mulvaney
Timothy M. Mulvaney
Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …
Non-Enforcement Takings, Timothy M. Mulvaney
Non-Enforcement Takings, Timothy M. Mulvaney
Timothy M. Mulvaney
The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly …
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Thomas W. Mitchell
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Property Law And Climate Change, Gregory S. Sergienko
Property Law And Climate Change, Gregory S. Sergienko
Greg Sergienko
This article discusses the issue of rules for acquiring property rights in natural resources, land use controls (such as restrictive covenants) and how they can impede the progress of environmentally friendly power sources when such sources are considered aesthetically offensive, and how property law should deal with uses of land that are inefficient and contribute to global warming. [excerpt]
A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson
A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson
Curtis Anderson
No abstract provided.
Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo
Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo
Mateo Taussig-Rubbo
On September 11, 2001, United Airlines Flight 93 — one of the four airplanes hijacked that day — crashed into a vacant parcel of land in rural Pennsylvania, killing all on board. For many, including family members of those killed in the attack and the Park Service that now manages the national memorial at the site, the former strip mine was transformed into ‘sacred’ ground. Unable to settle on a price with the landowner, in 2009 the government took the property through eminent domain. Focusing on the ongoing effort in United States of America v. 275.81 Acres of Land to …
Historic Preservation Law In A Nutshell (2d Ed.), Sara C. Bronin, Ryan M. Rowberry
Historic Preservation Law In A Nutshell (2d Ed.), Sara C. Bronin, Ryan M. Rowberry
Ryan Rowberry
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Stategraft, Bernadette Atuahene, Timothy Hodge
Stategraft, Bernadette Atuahene, Timothy Hodge
Bernadette Atuahene
The Trespass/Nuisance Divide And The Law Of Easements, Kenneth A. Stahl
The Trespass/Nuisance Divide And The Law Of Easements, Kenneth A. Stahl
Kenneth Stahl
No abstract provided.
Homestead: A (New) Hope, Thomas E. Simmons
Homestead: A (New) Hope, Thomas E. Simmons
Thomas E. Simmons
The Sharing Stick In The Property Rights Bundle: The Case Of Short Term Rentals & Hoas, Donald J. Kochan
The Sharing Stick In The Property Rights Bundle: The Case Of Short Term Rentals & Hoas, Donald J. Kochan
Donald J. Kochan
The [̶T̶A̶K̶I̶N̶G̶S̶] Keepings Clause: An Analysis Of Framing Effects From Labeling Constitutional Rights, Donald J. Kochan
The [̶T̶A̶K̶I̶N̶G̶S̶] Keepings Clause: An Analysis Of Framing Effects From Labeling Constitutional Rights, Donald J. Kochan
Donald J. Kochan
Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan
Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan
Donald J. Kochan
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Donald J. Kochan
Public Lands: Pride, Place, Proximity & Power, Donald J. Kochan
Public Lands: Pride, Place, Proximity & Power, Donald J. Kochan
Donald J. Kochan
Defining “Home” Through Homestead Laws,, Hannah Haksgaard
Defining “Home” Through Homestead Laws,, Hannah Haksgaard
Hannah Haksgaard
No abstract provided.