Law Commons^™

Objective Uncertainty In Boundary By Acquiescence: Halladay V. Cluff, Marvin D. Bagley

BYU Law Review

No abstract provided.

Time Sharing: The North Carolina General Assembly's Response To Ownership Of Time Share Contracts, Stephen T. Gheen

North Carolina Central Law Review

No abstract provided.

What Is The Appropriate Statute Of Limitations For Implied Warranty Of Habitability, David A. Larson

University of Arkansas at Little Rock Law Review

No abstract provided.

Note: Equitable Distribution: Approaches To Apportionment, Linda P. Zarski

West Virginia Law Review

No abstract provided.

Introduction Symposium - Selected Topics On Land Use Law., Henry G. Cisneros

St. Mary's Law Journal

No abstract provided.

Perspectives On Urban Homestead Exemptions - Texas Amends Articles Xvi, Section 51 Symposium - Selected Topics On Land Use Law - Comment., Julie B. Schroeder

St. Mary's Law Journal

No abstract provided.

Contract Language Stating No Warranties, Express Or Implied, Is Effective Disclaimer Of Implied Warranty Of Fitness And Habitability In Sale Of New House By Builder-Vendor Symposium - Selected Topics On Land Use Law - Case Note., Judy K. Lytle

St. Mary's Law Journal

No abstract provided.

Home Rule Cities And Municipal Annexation In Texas: Recent Trends And Future Prospects Symposium - Selected Topics On Land Use Law., Robert R. Ashcroft, Barbara Kyle Balfour

St. Mary's Law Journal

No abstract provided.

Private Land Restrictions In Texas: A Need For Greater Legislative Control Symposium - Selected Topics On Land Use Law - Comment., Michael S. Goodrich

St. Mary's Law Journal

No abstract provided.

Title To Substances Determined To Be Minerals As A Matter Of Law Is Held By Owner Of The Mineral Estate., Harry Skeins

St. Mary's Law Journal

Abstract Forthcoming.

Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman

Washington Law Review

The basic objectives of Washington real property law and of the Deed of Trust Act can be achieved only through a systematic approach to court actions contesting the nonjudicial foreclosure of deeds of trust. This Comment proposes judicial interpretations and legislative amendments designed to maintain the efficiency of the nonjudicial foreclosure process while enhancing both the fairness of the process and the stability of the land title system.

Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks

Indiana Law Journal

No abstract provided.

Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester

Washington Law Review

This Comment briefly traces the history of subdivision regulation in Washington as a means of imposing conditions on developers or exacting land dedication or fee payment from developers. It discusses the Hillis Homes decision and analyzes the relationship between the new state statute and other statutory land use regulations. This Comment concludes that, although a municipality's authority to impose development fees has been limited, existing statutory authority still allows a municipality to impose conditions on subdivision development.

Federal Coal Leasing And Partisan Politics: Alternatives And The Shadow Of Chadha, C. Peter Goplerud Iii

West Virginia Law Review

No abstract provided.

Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus

Buffalo Law Review

No abstract provided.

Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone

University of Arkansas at Little Rock Law Review

No abstract provided.

Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez

West Virginia Law Review

Recent case law developments in Ohio and West Virginia have narrowed the application of forfeiture in obtaining the termination of a coal mining lease for breach of express and implied covenants. This Note examines the law of forfeiture generally, and later discusses these recent cases and their ramifications.

Coal Slurry Pipelines--In The Public Interest, C. Howard Hardesty, Edward S. Shipper Jr.

West Virginia Law Review

No abstract provided.

A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman

Campbell Law Review

This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.

Restrictive Covenants - Enforceability Of Assessments Against Property Owners In Residential Developments - Figure Eight Beach Homeowners' Association, Inc. V. Parker, Ernest Rawls Carter Jr., Monty Beck

Campbell Law Review

The North Carolina Court of Appeals in Figure Eight Beach Homeowners' Association v. Parker, rejected the defendant property owner's interpretation of several earlier decisions. The property owner claimed the earlier decisions required affirmative covenants to contain some ascertainable standards by which the court could objectively determine the amount and purposes of the assessments. The Court of Appeals claimed, however, it was applying the same standards set forth in the earlier decisions regarding the enforceability of similar covenants. In essence, the court's adoption of a broader interpretation of the earlier case law validates stricter enforcement of assessment covenants by property …

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams

University of Richmond Law Review

"Buy land, they're not making any more," Will Rogers supposedly once recommended. If he did, then Will had never taken a good look at the shore: Over the years, millions of acres of tidelands have been dredged and filled, many to provide new recreational facilities and vacation homesites.

Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton

University of Richmond Law Review

There is a growing trend in Virginia, as well as in many other states, for injured citizens to hold local governments liable for personal injuries and loss of property resulting from the negligent inspection by building officials of privately owned buildings and structures. The recent abrogation of the doctrine of sovereign immunity in the majority of jurisdictions has served to encourage such litigation, but abrogation alone has proven to be no guarantee of recovery for negligent inspection. Rather, the majority of jurisdictions have continued to enjoy immunity by asserting that building inspectors perform a discretionary governmental function for which no …

United States Investment In Ireland, Eugene P. Fanning

Vanderbilt Journal of Transnational Law

This Article will examine in general the structure of the Irish Government relating to foreign investment, and describe the role of the government agencies that provide incentives for foreign direct investments. The Article will focus on the negotiation process between those government agencies and foreign investors, and examine the typical investment contract entered into by United States investors. The Article will also describe some important aspects of the typical forms of direct investment in Ireland: manufacturing, service industry, and joint venture investments. This Article will examine the concept of tax-advantaged lending in Ireland, Ireland's foreign exchange control regulations, and its …

Voluntary Termination Of Joint Tenancies: Illinois Eliminates The Strawman, 17 J. Marshall L. Rev. 765 (1984), Jeffrey W. Jackson

UIC Law Review

No abstract provided.

Property Rights In The Balance - The Burger Court And Constitutional Property, Elizabeth G. Patterson

Maryland Law Review

No abstract provided.

Book Received, Law Library Staff

Vanderbilt Journal of Transnational Law

Books Received

Aspects of the International Banking Safety Net

By G.G. Johnson, with Richard K. Abrams

Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00

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The Soviet Viewpoint

By Georgi Arbatov and Willem Oltmans

New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95

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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations

By Phillip I. Blumberg

Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00

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Iraq & Iran: Roots of Conflict

By Tareq Y. Ismael

Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …

Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita

West Virginia Law Review

No abstract provided.

Property, Michael Lee Keller

West Virginia Law Review

No abstract provided.

Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn

Cleveland State Law Review

This Note will trace the evolution of access-to-sunlight issues and the enactment of new laws in the solar-access area, with primary focus on Ohio's treatment of the issues. A brief historical review will be included as well as data relating to the feasibility of using solar energy in Ohio. A critical analysis of the recent Ohio Solar Easement Statute also will be presented. Solar statutes and case law of other states and policies of the federal government and foreign governments will be scrutinized. These findings will be examined in an attempt to forecast whether Ohio should adopt or reject various …

Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr.

Fordham Urban Law Journal

This Note explores the use, mechanics, and financial and tax ramifications of sale-leaseback transactions, focusing on their growing use by tax-exempt entities and the concerns this use has created in Congress. This analysis demonstrates that these transactions do not pose the problems feared by Congress, the Treasury Department (IRS), and the current Administration. Furthermore, it will show that under most circumstances sale-leaseback transactions by tax-exempt entities, although causing a revenue loss, are a useful device for providing certain tax-exempt entities with the financial means to maintain services in the face of rising costs and the withdrawal of federal funding. Finally, …