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Property Law and Real Estate

Washington Law Review

Journal

1966

Articles 1 - 5 of 5

Full-Text Articles in Law

Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman Oct 1966

Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman

Washington Law Review

It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …


Determination Of Time Of Taking Of Avigation Easement, Anon Jun 1966

Determination Of Time Of Taking Of Avigation Easement, Anon

Washington Law Review

Plaintiffs, owners of property lying under the flight path of planes using the airport owned and operated by defendant, brought inverse condemnation actions alleging defendant had acquired an avigation easement. Having concluded that the date of the taking was, as a matter of law, when the first regularly scheduled use of the runways in question began, the trial court dismissed the complaints because plaintiffs acquired their properties after that date. On appeal, a unanimous court reversed and remanded. Held: The taking of an avigation easement occurs, not when the first regularly scheduled commercial use of an airport commences, but when …


Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon Jun 1966

Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon

Washington Law Review

Defendant's farm, including 550 acres devoted to production of cotton under an acreage allotment from the Department of Agriculture, was condemned by the federal government for an irrigation project. Defendant retained the right under section 1378 (a) of the Agricultural Adjustment Act to transfer its cotton quota to other property under its ownership, and did so. Trial before a jury resulted in an award to defendant based on the value of its property as a cotton farm, less the value of the section 1378 right retained. The government objected on the ground that the enhanced value to the land resulting …


Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon Jun 1966

Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon

Washington Law Review

A corporate promoter entered into an earnest money agreement which contemplated corporate purchase of real property. At the planned closing date, the incorporation process was incomplete. To avoid losing the property, the promoter entered into a real estate contract naming himself and two nominees as purchaser-trustees to hold the property in trust for the benefit of the proposed corporation. The one-percent real estate sales tax was paid by the seller, since the transfer to the trustees constituted a sale. One month later, the beneficiary was incorporated. Pursuant to the trust agreement, the trustees transferred the property to the corporation by …


Equity Exceeding Homestead Exemption Value Subject To Execution, Anon Jun 1966

Equity Exceeding Homestead Exemption Value Subject To Execution, Anon

Washington Law Review

An action was brought by the plaintiff widow to permanently enjoin a judgment creditor from satisfying a judgment on a community debt from the surplus equity in the homesteaded realty over the homestead exemption. Plaintiff and her husband, in 1956, filed a valid declaration of homestead on their residence in Washington, which was held as community property. In 1958, defendants were granted judgment against the plaintiff and her husband as a marital community. Plaintiff's husband died in 1961, and one of the defendants was appointed administratrix of his estate in Washington. A writ of execution was issued on defendant's judgment, …