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- Land Use Planning (6)
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- 11 Tex. 324 (1854) (1)
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- 238 S.W.2d 255 (Tex. Civ. App.—Austin 1951 (1)
- 286 S.W.2d 257 (Tex. Civ. App.—Dallas 1955 (1)
- 49 S.W.2d 494 (Tex. Civ. App.—Austin 1932 (1)
- Age of majority (1)
- Aragona Enterprises v. Miller (1)
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- Brookman v. Cavalier Court (1)
- Charles J. Fitzpatrick (1)
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- Publication
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- St. Mary's Law Journal (10)
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Articles 1 - 30 of 47
Full-Text Articles in Law
Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson
Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson
William & Mary Law Review
No abstract provided.
Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold
Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold
St. Mary's Law Journal
Abstract Forthcoming.
Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg
Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg
St. Mary's Law Journal
The covenant of warranty runs with the land and is a guarantee by the grantor that title is vested in them and will vest in the grantee upon conveyance. Although the covenant of warranty is an indemnification for failure of title, in Texas it is the broadest of the deed covenants, encompassing the covenant of quiet enjoyment and the covenant against encumbrances. The covenant of warranty requires the grantor to defend title as well as to indemnify for its failure. When there is a warranted title after the conveyance is made, the grantor is estopped to assert this after acquired …
The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik
The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik
St. Mary's Law Journal
Abstract Forthcoming.
Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park
Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park
St. Mary's Law Journal
Abstract Forthcoming.
The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland
The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland
St. Mary's Law Journal
Abstract Forthcoming.
Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella
Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law—Eminent Domain—Just Compensation For A Lessee's Renewal Expectation—Almota Farmers Elevator & Warehouse Co. V. United States, 409 U.S. 470 (1973), Mark W. Pennak
Washington Law Review
The district court accepted Almota's theory of valuation, but was reversed by the Court of Appeals for the Ninth Circuit. The Supreme Court reinstated the district court's judgment. Held: Just compensation for a leasehold bearing improvements owned by the lessee is measured by what a willing buyer would pay to a willing seller for the leasehold, taking into account the possibility of renewal. Almota Farmers Elevator & Warehouse Co. v. United States, 409 U.S. 470 (1973).
City Of Daytona Beach V. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974), Florida State University Law Review
City Of Daytona Beach V. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974), Florida State University Law Review
Florida State University Law Review
Real Property- DOCTRINE OF CUSTOMARY RIGHTS- CUSTOMARY PUBLIC USE OF PRIVATELY OWNED BEACH PRECLUDES ACTIVITY OF OWNER INCONSISTENT WITH PUBLIC INTEREST.
Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus
Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus
Buffalo Law Review
No abstract provided.
An Assessment Of The Impact Of An Implied Warranty Of Habitability In New York State, Matthew Greenblatt
An Assessment Of The Impact Of An Implied Warranty Of Habitability In New York State, Matthew Greenblatt
Buffalo Law Review
No abstract provided.
Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman
Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman
St. Mary's Law Journal
Abstract Forthcoming.
Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber
Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber
St. Mary's Law Journal
Abstract Forthcoming.
The Private Use Of Public Power: The Private University And The Power Of Eminent Domain, Charles Fels Special Projects Editor, N. T. Adams, Richard Carmody, Margaret E. Clark, Randolph H. Lanier, James C. Smith, Robert M. White
The Private Use Of Public Power: The Private University And The Power Of Eminent Domain, Charles Fels Special Projects Editor, N. T. Adams, Richard Carmody, Margaret E. Clark, Randolph H. Lanier, James C. Smith, Robert M. White
Vanderbilt Law Review
The study which follows attempts to trace, in a necessarily limited fashion, the evolving use of eminent domain on behalf of private interest groups throughout the last century and a half of American legal history. Part One of the study traces the broadening scope of eminent domain in the United States during the 19th and 20th centuries, focusing on the direct use of eminent domain by private interest groups as a key element in the increasing breadth of the power. Part Two delineates the process whereby one modern private interest group-an informal aggregation of American colleges and universities-succeeded in acquiring …
The Uniform Residential Landlord And Tenant Act: Facilitation Of Or Impediment To Reform Favorable To The Tenant?
William & Mary Law Review
No abstract provided.
Deed Absolute In Lieu Of Foreclosure - A Cost And Delay Internalizer, Leonard T. Kelley
Deed Absolute In Lieu Of Foreclosure - A Cost And Delay Internalizer, Leonard T. Kelley
North Carolina Central Law Review
No abstract provided.
Alternative Gains Tax Treatments Of Decedents' Appreciated Capital Assets, D. Allen Grumbine
Alternative Gains Tax Treatments Of Decedents' Appreciated Capital Assets, D. Allen Grumbine
Vanderbilt Law Review
The present treatment of appreciated assets under section 1014' of the Code permits a great deal of accrued appreciation to escape the income tax. While decedents pay a greater estate tax because asset appreciation swells their estates, they pay no gains tax at death on this accrued appreciation. Moreover, the recipients of the decedent's property generally take a stepped-up basis for the property equal to its fair market value at the time of death. A great deal of criticism has been leveled at this system, and numerous proposals have been made for remedying the situation: imposition of a capital gains …
The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick
The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick
St. Mary's Law Journal
The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …
Compensation For Partial Takings In Texas., A. Chris Heinrichs
Compensation For Partial Takings In Texas., A. Chris Heinrichs
St. Mary's Law Journal
Abstract Forthcoming.
Torts--Invitees, Licensees And Trespassers--A Trend Towards Abolishing Classification Of Entrants, Stephen R. Brooks
Torts--Invitees, Licensees And Trespassers--A Trend Towards Abolishing Classification Of Entrants, Stephen R. Brooks
West Virginia Law Review
No abstract provided.
Injunction Against The Recording Of Deeds Containing Racial Covenants: The Last Of The Racial Covenant Cases? - Mayers V. Ridley
Maryland Law Review
No abstract provided.
Gimme Shelter: Reform Of Real Estate Tax Shelters, Farrell C. Glasser
Gimme Shelter: Reform Of Real Estate Tax Shelters, Farrell C. Glasser
University of Michigan Journal of Law Reform
Of the many different kinds of tax shelter investments that are available to high bracket taxpayers, the most commonly encountered device is the real estate tax shelter. This article describes the way a tax shelter operates, from both a business-economic and a tax viewpoint, and examines the real estate tax shelter from the standpoint of possible tax reform to correct the abuses that stem from real estate syndications.
Real Property Tax Relief For The Elderly, Edsell M. Eady Jr.
Real Property Tax Relief For The Elderly, Edsell M. Eady Jr.
University of Michigan Journal of Law Reform
This article focuses on the elderly person's problem of coping with real property taxation. Although property taxes vary in intensity from place to place, the elderly bear a particularly heavy burden. The property tax generally does not reflect a taxpayer's ability to pay, since it is usually levied in proportion to the value of real property rather than in relation to a homeowner's income. Thus people with low incomes may have to pay a greater percentage of their incomes as real property tax than people with higher incomes. The real property tax can be a formidable problem for an elderly …
Real Property- The Rule Against Perpetuities- Option Contract Held Void Due To Violation Of The Common Law Rule
University of Richmond Law Review
The Rule against Perpetuities as originally developed in England and crystalized over two centuries is still alive and thriving in the Commonwealth of Virginia as evidenced by the recent supreme court case of United Virginia Bank v. Union Oil. While a number of states have enacted legislation or judicially adopted ways and means to avoid the harsh results often dictated by the common law rule, it appears that Virginia may be defending a rearguard position which may not be functional in terms of today's commercial world.
Commercial Transactions: The Future Of Self-Help Repossession, 8 J. Marshall J. Prac. & Proc. 96 (1974), Dixie L. Laswell
Commercial Transactions: The Future Of Self-Help Repossession, 8 J. Marshall J. Prac. & Proc. 96 (1974), Dixie L. Laswell
UIC Law Review
No abstract provided.
Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel
Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel
Buffalo Law Review
No abstract provided.
Effect Of Reduction Of The Age Of Majority On The Permissible Period Of The Rule Against Perpetuities, Alice A. Soled
Effect Of Reduction Of The Age Of Majority On The Permissible Period Of The Rule Against Perpetuities, Alice A. Soled
Maryland Law Review
No abstract provided.
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
University of Richmond Law Review
No aspect of the law of real property affects more people as pervasively as the law of landlord and tenant. A recent study undertaken by the Virginia Housing Study Commission showed that almost fifty percent of the Commonwealth's population are tenants.
Condominiums In Virginia- The Condominium Act Of 1974
Condominiums In Virginia- The Condominium Act Of 1974
University of Richmond Law Review
The condominium is one of the fastest growing forms of housing in the United States. As a legal concept, the condominium involves "separate ownership of individual units in a multi-unit project," along with an undivided interest in common areas owned by members of the project. Unit owners, while owning their units separately, are responsible for expenses relative to the management and maintenance of the project.
Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing
Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing
Fordham Urban Law Journal
This Note examines the effectiveness of the 1965 New York City Landmark Preservation Act with respect to its ability to confront the conflict between the desire to preserve the city's history and the individual's constitutional right to use and control her own property, with particular attention to the unprotected status of the tax-exempt property owner. The author argues that the legislation fails to mesh the two conflicting goals of preservation and just compensation to property owners. She suggests that in order to do so, perhaps a different standard of value should be placed on landmark preservation that focuses on non-economic …