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Articles 31 - 60 of 79
Full-Text Articles in Law
Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez
Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez
West Virginia Law Review
Recent case law developments in Ohio and West Virginia have narrowed the application of forfeiture in obtaining the termination of a coal mining lease for breach of express and implied covenants. This Note examines the law of forfeiture generally, and later discusses these recent cases and their ramifications.
Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review
Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review
Michigan Law Review
This Note argues that the purchase of property subject to a lease may produce several types of depreciable interests. Part I of the Note examines the requirements for depreciability and the role that depreciation plays in tax law. It concludes that even where the method set out by Congress also accommodates other goals, depreciation primarily provides a way to recover costs during a depreciable asset's income-producing life. Part II applies these principles to the task of determining whether improvements - for example, buildings on the property subject to the lease - are depreciable in the purchaser's hands. It concludes that …
The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder
The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder
Michigan Law Review
For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.
The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …
A Decision Model For Lease Parties In Sale-Leasebacks Of Real Estate, Nancy E. Shurtz
A Decision Model For Lease Parties In Sale-Leasebacks Of Real Estate, Nancy E. Shurtz
William & Mary Law Review
No abstract provided.
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
West Virginia Law Review
No abstract provided.
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
West Virginia Law Review
No abstract provided.
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
West Virginia Law Review
No abstract provided.
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
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
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 …
The Uniform Residential Landlord And Tenant Act: Facilitation Of Or Impediment To Reform Favorable To The Tenant?
William & Mary 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
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 Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten
The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten
Villanova Law Review
No abstract provided.
Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer
Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer
Villanova Law Review
No abstract provided.
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Michigan Law Review
Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …
Recent Developments, Various Editors
Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross
Villanova Law Review
No abstract provided.
Income Tax--Payment By Sublessee For Cancelation Of Lessee's Interest, Robert Glenn Lilly Jr.
Income Tax--Payment By Sublessee For Cancelation Of Lessee's Interest, Robert Glenn Lilly Jr.
West Virginia Law Review
No abstract provided.
Recordation Of Leases, J. E. J.
Landlord And Tenant--Assignment Or Sublease, L. L. P.
Landlord And Tenant--Assignment Or Sublease, L. L. P.
West Virginia Law Review
No abstract provided.
Covenants In Leases In West Virginia, Londo H. Brown
Covenants In Leases In West Virginia, Londo H. Brown
West Virginia Law Review
No abstract provided.
Mines And Minerals--Strip Mining Rights--Construction Of Lease, T. N. C.
Mines And Minerals--Strip Mining Rights--Construction Of Lease, T. N. C.
West Virginia Law Review
No abstract provided.
Notice Of Termination Required To Terminate A Periodic Tenancy Implied Under A Void Lease - Darling Shops Delaware Corporation V. Baltimore Center Corporation
Maryland Law Review
No abstract provided.
Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.
Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.
West Virginia Law Review
No abstract provided.
Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager
Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager
Kentucky Law Journal
No abstract provided.
Progress In The Law Of Oil And Gas, C. C. Williams Jr.
Progress In The Law Of Oil And Gas, C. C. Williams Jr.
West Virginia Law Review
No abstract provided.
Minable And Merchantable Coal, G. S. B.
Minable And Merchantable Coal, G. S. B.
West Virginia Law Review
No abstract provided.
Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T.
Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T.
West Virginia Law Review
No abstract provided.
Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin
Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin
West Virginia Law Review
No abstract provided.
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper
Michigan Law Review
The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …