Law Commons^™

Real Estate Sale-Leaseback Agreements Under Texas Usury Law: Circumvention Or Sale., Douglas W. Poole

St. Mary's Law Journal

Abstract Forthcoming.

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Real Property, George A. Pindar

Mercer Law Review

The period of this survey includes a great quantity of judicial writing from the Georgia appellate courts dealing with difficult problems and often accompanied by sharp and persuasive dissenting opinions.

Book Reviews, Paul L. Murphy, Richard E. Ellis

Vanderbilt Law Review

Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality By Richard Kluger

Reviewed by Paul L. Murphy

Richard Kluger is a novelist and editor who retired to devote his full time to an extensive study of the landmark Supreme Court decision of Brown v. Board of Education.' Perceiving the Brown decision as a watershed with respect to America's willingness to confront the consequences of centuries of racial discrimination, Kluger set out to tell the entire story of the Brown decision. Kluger approaches the Brown case not as a study of the law and …

Division Of Texas Marital Property On Divorce., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.

Real Property--Interstate Land Sales Full Disclosure Act--Omission Of Bankruptcy Of Grandfather Corporation Not A Material Misrepresentation, Michael E. Satterwhite

Mercer Law Review

In Paquin v. Four Seasons of Tennessee, Inc. the United States Court of Appeals for the Fifth Circuit held that the developer's failure to include in a required property report the fact that it was the wholly owned subsidiary of a bankrupt corporation was not a material misrepresentation under section 1404(a)(2)(B) of the Interstate Land Sales Full Disclosure Act.

Real Property--State Has Title To Foreshores Of Georgia's Navigable Waters, Donna Bergh

Mercer Law Review

In State v. Ashmore, the Supreme Court of Georgia held that the State has fee simple title to the foreshore of all navigable tidewaters.

On December 6, 1973, the State of Georgia filed suit in the Superior Court of Glynn County disputing the defendants' right to develop for condominiums a beach and dune area on St. Simons Island, Glynn County, Georgia. The State asserted that the property belonged to the State and that the property had been dedicated to public use. The superior court, however, granted the motions of the Ashmores to dismiss the State's complaint for failure to …

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Eliminating Redlining By Judicial Action: Are Erasers Available?, Paul A. Renne

Vanderbilt Law Review

This paper will consider one practice--mortgage disinvestment, commonly referred to as "redlining"--which has worked incontravention to the declared policy of Congress by contributing to the destruction of the urban housing inventory and has been partly responsible for the failure to meet our housing goals. This paper will discuss the concept and effects of redlining, the relevant statutes and administrative regulations, and the use of class action litigation as a means of eliminating the practice. Before turning to this discussion, however, it is important to emphasize that eliminating the practice of redlining will prove no panacea to our urban problems. It …

Brokers-Real Estate Brokers' Duties To Prospective Purchasers - Funk V. Tifft

BYU Law Review

No abstract provided.

Equity Participating In Real Estate Finance, William W. Respress Jr.

North Carolina Central Law Review

No abstract provided.

Recent Developments

William & Mary Environmental Law and Policy Review

No abstract provided.

X. Property

Washington and Lee Law Review

No abstract provided.

Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands

American Indian Law Review

No abstract provided.

Indian Claims In The Beds Of Oklahoma Watercourses, Michael M. Gibson

American Indian Law Review

No abstract provided.

Challenging Exclusionary Zoning Practices

University of Richmond Law Review

Municipal zoning ordinances are often used to exclude from a community persons of a lower socio-economic status than the existing residents. Such practices, known collectively as exclusionary zoning, have come under increasing attack as the shortage of decent housing, in the United states becomes more severe.

Zoning-Virginia Defines Scope Of Local Power To Impose Dedication And Land Use Requirements Upon Individual Landowners

University of Richmond Law Review

The power of local legislative bodies to enact zoning ordinances to regulate growth within their territorial jurisdictions has long been recognized. Pursuant to several enabling statutes, Virginia cities and counties have chosen various means of implementing this regulatory authority. In response to this trend, Virginia courts have developed general principles for judicial review of zoning ordinances. Simply stated, the purpose of a zoning act must be to promote the public health, safety, morals, or general welfare, to conserve and protect the value of buildings, and to encourage the most appropriate use of the land. If an area is zoned for …

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review

No abstract provided.

Real Estate Tax Shelters: How To Tell A Good Deal From A Bad Deal, Marvin Kelner

Cleveland State Law Review

That the purpose of these comments is to impart basic knowledge to the legal or financial advisor who is asked to render advice to his (or her) client (who is assumed to be in at least the 50 percent marginal income tax bracket) on whether to invest in a particular real estate tax shelter syndication. Hopefully, this article will enable such an advisor to give an informed opinion regarding the investment without holding himself out as an expert in real estate tax shelters. The following are my views with respect to important standards against which one can test the desirability …

Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle

Fordham Urban Law Journal

In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …

The Doctrine Of Special Legislation In Pennsylvania Zoning Law, Michael Nelson Becci

Villanova Law Review

No abstract provided.

Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek

Fordham Urban Law Journal

In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …

The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling

Kentucky Law Journal

No abstract provided.