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Articles 31 - 38 of 38
Full-Text Articles in Law
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Cleveland State Law Review
The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …
Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe
Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe
Cleveland State Law Review
As pioneering judges base their decisions more and more on fairness and practicality, timeliness becomes an important test for any rule of law. This test becomes particularly pertinent when there exist, side by side, in connection with a single point of law, two irreconcilable views, both of which can boast of proud precedents and a heavy "weight of authority." Such are the two views in regard to the very old landlord-tenant problem with which we are here concerned: in the absence of an express provision, is there implied, in the lessor-lessee relationship itself, an obligation on the part of the …
Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz
Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz
Cleveland State Law Review
Generally, the landlord is under an affirmative obligation to exercise ordinary care to keep those parts of the premises over which he has retained possession and control in a reasonably safe condition. The test of possession and control is whether or not the landlord has the power and the right to admit people to or exclude them from the premises.
Notice And The "Deeds Out" Problem, William E. Ryckman Jr.
Notice And The "Deeds Out" Problem, William E. Ryckman Jr.
Michigan Law Review
When a grantor conveys land which has been subjected to easements or equitable servitudes in favor. of adjacent land previously conveyed by the grantor, there arises the serious question whether such interests are enforceable if the purchaser has not expressly taken the land subject to them. A cursory inspection of primary and secondary authority on the subject of easements and equitable servitudes would indicate that the answer depends upon whether, at the time of the sale, the purchaser of the "servient estate" has "notice" of the "burden" to which his land is allegedly subjected. It is the purpose of this …
Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review
Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review
Michigan Law Review
Contingent future interests have caused considerable confusion in cases in which the holder of the future interest dies before the fulfillment of the condition. This confusion stems from a tendency by some courts to use the word "contingent" as a shorthand way of indicating that the interest holder must survive until a certain time or event. A future interest is correctly said to be "contingent" when it is subject to a condition, in addition to the termination of the prior estate, which must occur before the interest becomes a present estate. The two usages of the word are often overlapping, …
Income Tax-Deductions-Lessor's Amortization Of The Amount By Which The Purchase Price Of Improved Realty Exceeds The Appraised Value Of Land-Bender V.United States, Michigan Law Review
Income Tax-Deductions-Lessor's Amortization Of The Amount By Which The Purchase Price Of Improved Realty Exceeds The Appraised Value Of Land-Bender V.United States, Michigan Law Review
Michigan Law Review
Taxpayer, upon being informed that his tenant would not renew his lease unless he could be assured of additional parking facilities, purchased three lots adjacent to the leasehold and immediately demolished the houses thereon in order to provide the necessary space. Since the owners of these residential properties knew of taxpayer's special need, taxpayer was forced to pay substantially more than the total appraised value of the land. In computing his income tax, taxpayer sought to amortize over the life of the lease the cost of razing the buildings and the amount of the purchase price in excess of the …
"Primarily For Sale" In I.R.C Sections 1221 And 1231 Held To Mean "Principally For Sale" Rather Than "Substantially For Sale" --Malat V. Riddell (U.S. 1966), Michigan Law Review
"Primarily For Sale" In I.R.C Sections 1221 And 1231 Held To Mean "Principally For Sale" Rather Than "Substantially For Sale" --Malat V. Riddell (U.S. 1966), Michigan Law Review
Michigan Law Review
Sections 1221 and 1231 of the Internal Revenue Code disqualify from capital gains treatment profits derived from the sale or exchange of property "held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business." In deciding whether these sections deny capital gains treatment to profits realized by real estate dealers from the sale or exchange of land, the circuit courts, while examining similar facts in relation to the same criteria, have reached divergent conclusions. Two recent decisions, Municipal Bond Corp. v. Commissioner and Malat v. Riddell, illustrate these discordant results. In Municipal …
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.