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Articles 1 - 21 of 21
Full-Text Articles in Law
Eminent Domain--Just Compensation For Fast Land, Robert Mason Steptoe Jr.
Eminent Domain--Just Compensation For Fast Land, Robert Mason Steptoe Jr.
West Virginia Law Review
No abstract provided.
Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson
Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson
West Virginia Law Review
No abstract provided.
Property--Implied Warranty Of Fitness In The Sale Of A New House, Ray Allen Byrd
Property--Implied Warranty Of Fitness In The Sale Of A New House, Ray Allen Byrd
West Virginia Law Review
No abstract provided.
Bosch And The Binding Effect Of State Court Adjudications Upon Subsequent Federal Tax Litigation, William E. Martin
Bosch And The Binding Effect Of State Court Adjudications Upon Subsequent Federal Tax Litigation, William E. Martin
Vanderbilt Law Review
One of the unique facets of American federalism involves the interaction of state court decrees which determine or characterize an individual's property rights with subsequent federal court litigation which imposes the federal tax burden upon those rights. While Congress determines what relationships are to be taxed, state law creates and state court adjudications measure these relationships.' In 1934 the Supreme Court formulated the standard that the state court decision was to be followed by a federal tax court in the absence of collusion, since the decree established the state "law" in regard to the relevant property. However, the definitional and …
Open Housing, Patrick David Deem
Conflict Of Laws -- Constitutionality Of State Statutes Governing Ability Of Nonresident Aliens To Receive Property Under American Wills: Zschernig V. Miller, Richard N. Hale
Vanderbilt Law Review
An excellent illustration of the vertical conflict of laws problem involves the ability of nonresident aliens to receive property under American wills. Traditionally, under the American federal system,the acquisition and transmission of property located within a state has been controlled by state law. Yet article I, section 10 of the United States Constitution imposes strict limitations on a state's power to deal with matters having a bearing on international relations, such matters being within the ambit of the national government. The supremacy of the national government in the general field of foreign affairs has been given continuous recognition by the …
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
Washington Law Review
The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …
Land Occupier Liability In Washington, Anon
Land Occupier Liability In Washington, Anon
Washington Law Review
The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
Washington Law Review
The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …
Land Occupier Liability In Washington, Anon
Land Occupier Liability In Washington, Anon
Washington Law Review
The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …
Right To Picket On Quasi-Public Property
Right To Picket On Quasi-Public Property
Washington and Lee Law Review
No abstract provided.
Children Trespassing On Chattels In The Public Domain
Children Trespassing On Chattels In The Public Domain
Washington and Lee Law Review
No abstract provided.
Mandamus--Eminent Domain, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.
Mandamus--Eminent Domain, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.
West Virginia Law Review
No abstract provided.
Divorce--Sale Of Property By Court Order, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.
Divorce--Sale Of Property By Court Order, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.
West Virginia Law Review
No abstract provided.
The Airport Noise Problem And Airport Zoning, Erwin Seago
The Airport Noise Problem And Airport Zoning, Erwin Seago
Maryland Law Review
No abstract provided.
Zoning - Planned Unit Development, David J. Kozma
Zoning - Planned Unit Development, David J. Kozma
Duquesne Law Review
Borough Council is not precluded from rezoning land in accordance with a changed comprehensive plan, and the creation of a planned unit development district permitting a mixture of uses does not vest in the planning commission authority greater than that permitted under zoning enabling legislation.
Cheney v. Village At New Hope, Inc., 429 Pa. 626, 241 A.2d 81 (1968).
Recent Developments, Various Editors
Torts - Landlord-Tenant, James S. Dillman
Torts - Landlord-Tenant, James S. Dillman
Duquesne Law Review
The Supreme Court of Pennsylvania has held that a lessor is liable in trespass for non-performance of a promise to repair which he orally made at the time of execution of the lease.
Reitmeyer v. Sprecher, 431 Pa. 284, 243 A.2d 395 (1968).
Bequests For Religious Services, James T. Brennan
Bequests For Religious Services, James T. Brennan
Cleveland State Law Review
The dedication of property for the saying of Masses or Kaddish atYahrzeit is a charitable use. The funds directed to be employed for these purposes aid the advancement of the Roman Catholic and Jewish religions to the same extent as other gifts to religious organizations of these faiths. In addition, the religious doctrines of these faiths declare that the religious services benefit the entire community and not merely the decedent remembered in the service. Probably, however, it would be best for courts to avoid the theological thicket in deciding whether or not a dedication of property for religious services is …
Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review
Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review
Michigan Law Review
The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they purchased real property which they occupied as a homestead. Acting pursuant to an Iowa statute which subjects a homestead to debts contracted before the homestead was acquired, the bank commenced a suit on the note in state court, but this proceeding was stayed when appellants filed a voluntary petition in bankruptcy. After the trustee in bankruptcy set the homestead apart as property exempt under Iowa law, the bank sought a stay of discharge in bankruptcy for a reasonable period of time so that it could obtain …
Income Tax--Listing Abandoned Residence For Sale And Not For Rent Considered Sufficient To Convert To "Property Held For The Production Of Income"--Hulet P. Smith, Michigan Law Review
Income Tax--Listing Abandoned Residence For Sale And Not For Rent Considered Sufficient To Convert To "Property Held For The Production Of Income"--Hulet P. Smith, Michigan Law Review
Michigan Law Review
Since 1941, Hulet Smith and his wife had lived in a large house in Arcadia, California, where Smith had been actively engaged in a real estate loan business. In 1959, Smith decided to retire and move to Pebble Beach, a distance of about 400 miles from Arcadia. He purchased a parcel of land in Pebble Beach and built a large expensive home, with the avowed intention of making this his permanent personal residence. In 1961, after severing all business and social connections in the vicinity of their old residence, Smith and his wife moved into their new home, taking virtually …