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- St. Mary's Law Journal (4)
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Articles 1 - 30 of 30
Full-Text Articles in Law
Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario
St. Mary's Law Journal
Abstract Forthcoming.
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
William & Mary Law Review
No abstract provided.
The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson
St. Mary's Law Journal
Abstract Forthcoming.
Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery
Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery
St. Mary's Law Journal
Abstract Forthcoming.
Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick
Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick
Vanderbilt Law Review
For the last 45 years the idea that local zoning administration is a highly desirable exercise of the state police power has become progressively more entrenched in urban thinking and planning. Although opponents of zoning have quarreled with details of administration or decried the failure of the Supreme Court to continuously oversee implementation of the zoning concept, they have assumed basic Euclidian zoning theory' to be beyond serious challenge. This assumption is no longer valid, for classic municipal zoning is on the firing line and its survival is by no means certain.
Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke
Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke
Indiana Law Journal
No abstract provided.
The Sale Of Subjacent Land And The Principal Residence Requirement Of Section 1034 Of The Internal Revenue Code
Washington and Lee Law Review
No abstract provided.
Real Property--Covenant Of General Warranty--Novel Definition Of Conservative Eviction In West Virginia, Donald M. O'Rourke, Michael B. Keller
Real Property--Covenant Of General Warranty--Novel Definition Of Conservative Eviction In West Virginia, Donald M. O'Rourke, Michael B. Keller
West Virginia Law Review
No abstract provided.
Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon
Washington Law Review
The Wandermere Corporation owned one mile of frontage along an open-access highway. The state planned to build a drainage facility along the highway, wholly on state-owned property. Wandermere claimed that the proposed facility, an open ditch, would lower the underground water table on its land and interfere with access rights to its property. Wandermere further alleged that the Washington constitution prohibited such state interference with property rights until there was both a judicial determination that the project would be for a public use and until damages to the property had been ascertained and paid in the manner provided by law. …
A General Theory Of Eminent Domain, William B. Stoebuck
A General Theory Of Eminent Domain, William B. Stoebuck
Washington Law Review
In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …
Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein
Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein
Vanderbilt Law Review
The future of the Model Cities program in Nashville is difficult to predict. As of this writing, the program is approaching the end of the first of five action years. The suit filed by the CCC in April 1971, is,more than a year later, still pending. It is, of course, possible that the program may eventually prove successful, but such a result is unlikely. Even if the CCC is replaced as the official citizen participation structure for the program, the ideological constituency from which the group derives its strength will remain. Furthermore, as the CDA continues to build an ad …
Eminent Domain: Approaches To Valuation Of Real Estate With Emphasis On Mineral Properties, Roger D. Graham
Eminent Domain: Approaches To Valuation Of Real Estate With Emphasis On Mineral Properties, Roger D. Graham
West Virginia Law Review
No abstract provided.
The Impact Of The Tax Reform Act Of 1969 On The Supply Of Adequate Housing, Kenneth J. Guido, Jr.
The Impact Of The Tax Reform Act Of 1969 On The Supply Of Adequate Housing, Kenneth J. Guido, Jr.
Vanderbilt Law Review
Hidden by the storm surrounding the more controversial changes in the Tax Reform Act of 1969 are subtle alterations in the tax structure that may significantly affect the rate and nature of real estate development. The Tax Reform Act amended provisions of the Internal Revenue Code directly applicable to real estate investments,' purposefully redesigning them in the hope of stimulating the construction and rehabilitation of rental housing, particularly low-income housing. The changes in the basic tax structure relative to real estate investments are an attempt to continue a national policy established in 1949, that of providing a "decent home and …
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
St. Mary's Law Journal
This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …
The Abolition Of Dower: An Occasion For Re-Examining The Surviving Spouse's Rights In Illinois, Ann Ellen Acker
The Abolition Of Dower: An Occasion For Re-Examining The Surviving Spouse's Rights In Illinois, Ann Ellen Acker
Loyola University Chicago Law Journal
No abstract provided.
The Interrelationship Between Exclusionary Zoning And Exclusionary Subdivision Control, Robert E. Hirshon
The Interrelationship Between Exclusionary Zoning And Exclusionary Subdivision Control, Robert E. Hirshon
University of Michigan Journal of Law Reform
This article will examine both exclusionary zoning and subdivision control with a view toward analyzing the assumptions common to both types of laws. The operative differences between exclusionary zoning and subdivision control may be non-existent. If this is truly the case, the judicial response to each practice should be the same.
Property—Sale Of Stock And Proprietary Lease In Cooperative Apartment Held As Sale Of Personalty, Stanley W. Valkosky Jr.
Property—Sale Of Stock And Proprietary Lease In Cooperative Apartment Held As Sale Of Personalty, Stanley W. Valkosky Jr.
Buffalo Law Review
Silverman v. Alcoa Plaza Associates, 37 App. Div. 2d 166, 323 N.Y.S.2d 39 (1st Dep't 1971).
The Chain And Unity Of Title Theories For Delineating Riparian Land: Economic Analysis As An Alternative To Case Precedent, Donald R. Levi, Kenneth C. Schneeberger
The Chain And Unity Of Title Theories For Delineating Riparian Land: Economic Analysis As An Alternative To Case Precedent, Donald R. Levi, Kenneth C. Schneeberger
Buffalo Law Review
No abstract provided.
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
University of Richmond Law Review
Protection against latent defects exists for the purchaser of a forty-nine cent ball point pen under an implied warranty of merchantability, but no such protection prevails for the vendee of a $50,000 home in the absence of fraud, misrepresentation, or an express warranty of condition and habitability. Such is the anomaly created by the doctrine of caveat emptor, still ruthlessly applied in a majority of American jurisdictions. In two cases recently adjudicated, Elderkin v. Gaster and Smith v. Old Warson Development Co., the courts abandoned caveat emptor in the sales of new homes by builder-vendors where latent defects are at …
Warranties-Implied Warranties Of Fitness And Merchantability Held Applicable To The Sale Of Electricity As A Service
University of Richmond Law Review
The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied …
The Question Of Compensation: A Third World Perspective, Norman Girvan
The Question Of Compensation: A Third World Perspective, Norman Girvan
Vanderbilt Journal of Transnational Law
The question of compensation for expropriated property takes us, in many respects, to the heart of the relationship between the developed capitalist countries and the Third World. On no other subject is the gulf between the two--in interests, perspectives and position--potentially so great, nor so pregnant with passionate and violent conflict. The rules of international law, the principles of international economics and the science of international politics can help clarify the issues involved and provide arguments for the claims of contending parties. But they cannot yield solutions which are "neutral" or are free of value judgments and philosophical assumptions which …
Housing Codes And The Prevention Of Urban Blight - Administrative And Enforcement Problems And Proposals, Stephen J. Polaha
Housing Codes And The Prevention Of Urban Blight - Administrative And Enforcement Problems And Proposals, Stephen J. Polaha
Villanova Law Review
No abstract provided.
Housing Market Operations And The Pennsylvania Rent Withholding Act - An Economic Analysis, Joseph R. Buckley, Gary N. Conley
Housing Market Operations And The Pennsylvania Rent Withholding Act - An Economic Analysis, Joseph R. Buckley, Gary N. Conley
Villanova Law Review
No abstract provided.
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Villanova Law Review
No abstract provided.
Visitors' Refusal To Leave Premises, Joseph Gibson
Visitors' Refusal To Leave Premises, Joseph Gibson
Cleveland State Law Review
Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …
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.
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …
Inchoate Dower--An Idea Whose Time Is Past, Joseph H. Vahlsing, William E. Hudson
Inchoate Dower--An Idea Whose Time Is Past, Joseph H. Vahlsing, William E. Hudson
Kentucky Law Journal
No abstract provided.
Broad-Form Deed--Obstacle To Peaceful Co-Existence Between Mineral And Surface Owners, Michael V. Withrow
Broad-Form Deed--Obstacle To Peaceful Co-Existence Between Mineral And Surface Owners, Michael V. Withrow
Kentucky Law Journal
No abstract provided.