Law Commons^™

The Effect Of The Warranty Of Habitability On Low Income Housing: "Milking" And Class Violence, Duncan Kennedy

Florida State University Law Review

Housing for the poor suffers in quantity and quality as tenement landlords "milk" still viable buildings, allowing them to deteriorate and become uninhabitable at a rate that outstrips construction of new housing. As a result, the rate at which the poor filter up into higher quality buildings slows, crowding low income tenants into fewer, more run down buildings. Professor Kennedy postulate that selective enforcement of a warranty of habitability can maximize the useful lives of tenement buildings, and, contrary to the "mainstream" view, exert downward pressure on rents while increasing the supply of low income housing.

Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf

West Virginia Law Review

No abstract provided.

Department Of Real Estate, J. Ramirez-Cardenas

California Regulatory Law Reporter

No abstract provided.

Hall V. City Of Santa Barbara: The "Taking" Of Property Through Rent Control, Douglas J. Kotarek

Brigham Young University Journal of Public Law

No abstract provided.

Land Use Takings And The Problem Of Ripeness In The United States Supreme Court Cases, Junji Shimazaki

Brigham Young University Journal of Public Law

No abstract provided.

A New Approach To Regulatory Taking Analysis, Julie A. Sturgill

Brigham Young University Journal of Public Law

No abstract provided.

Women And The Law Of Property In Early America, David H. Bromfield

Michigan Law Review

A Review of Women and the Law of Property in Early America by Marylynn Salmon

Condominium Conversion Of Residential Rental Units: A Proposal For State Regulation And A Model Act, Bernard V, Keenan

University of Michigan Journal of Law Reform

This Article has several objectives. Part I provides a foundation for discussion by briefly outlining the relationship between the recent history of the rental housing market and those factors prompting the conversion of apartments to condominium status. With this background information, the relevance of conversion legislation is more readily grasped. Part II seeks to establish that state government is the appropriate governmental entity to formulate legislation intended to protect individuals affected by the conversion of rental units. Federal legislation has addressed this specific issue in the relatively unknown Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980. In …

Extending The Benefit Of An Easement: A Closer Look At A Classic Rule—Brown V. Voss, 105 Wn. 2d 366, 715 P.2d 514 (1986), Pamela Mcclaran

Washington Law Review

In Brown v. Voss the Washington Supreme Court considered whether an easement may be extended to benefit a nondominant parcel. The court endorsed the classic property rule that the benefit of an easement may not be extended by the dominant parcel owner to benefit other parcels. Furthermore, the court declared that any extension of an easement to benefit a nondominant parcel would be a misuse of the easement. Nevertheless, after weighing the relative hardship to the parties, the court refused to enjoin the extension of the easement where the resulting hardship to the dominant parcel would greatly exceed the benefit …

Current Issues Relating To Emergency Federal Coal Leasing, David B. Pariser

West Virginia Law Review

No abstract provided.

Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby

West Virginia Law Review

No abstract provided.

Keystone Bituminous Coal Association V. Debenedictis: A Regulatory Taking, Monique Van Damme

West Virginia Law Review

No abstract provided.

Freeing Mortgages Of Merger, Ann M. Burkhart

Vanderbilt Law Review

Change in real property law often occurs with glacial speed.This rate of change in part reflects the normal inertia of established law. A more complete explanation, however, is the innate conservatism connected to a commodity that once was the primary source of wealth and power. That this conservatism is innate should not prevent application of Ockham's razor as needed. The relationship of the doctrine of merger to the burgeoning law of mortgages is one such area. "If the law has to bear these medieval shackles the time surely has come to examine them carefully. They may have rusted away."

The …

The New Illinois Mortgage Foreclosure Law And Installment Sales Contracts, Victor Grimm

Loyola University Chicago Law Journal

No abstract provided.

Property Law - A Fresh Look At Contractual Tenant Remedies Under The North Carolina Residential Rental Agreements Act - Miller V. C.W. Myers Trading Post, Inc., Johnny Foster

Campbell Law Review

This note will examine some of the other contractual remedies that the North Carolina courts could make available to tenants for breach of the implied warranty of habitability. The Miller case suggests that the courts would hold that some of these remedies are available under the Act but that others are not. This note will address the issues of why some of these remedies should or should not be available under Miller and the Act. Since the North Carolina courts seem to be willing to consider other remedies under the Act, lawyers who represent North Carolina tenants should familiarize themselves …

Land Title Registration: An English Solution To An American Problem, C. Dent Bostick

Indiana Law Journal

No abstract provided.

Department Of Real Estate, S. Strand

California Regulatory Law Reporter

No abstract provided.

Annual Survey Of Virginia Law: Property, W. Wade Berryhill

University of Richmond Law Review

This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.

Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil

UIC Law Review

No abstract provided.

The Real Estate Broker And The Buyer: Negligence And The Duty To Investigate, Paula C. Murray

Villanova Law Review

No abstract provided.

The Public Trust Doctrine In Washington, A. Reid Allison Iii

Seattle University Law Review

This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”

Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore

University of Richmond Law Review

America's state and local governments are in a fiscal vise. Federal intergovernmental aid reached a high water mark in fiscal 1979, but subsequent cutbacks by President Reagan and Congress brought the era of rapid growth in federal domestic spending to a screeching halt in 1981 with reductions of over fifty-three billion dollars in budgetary authority and thirty-five billion dollars in budgetary outlays. Local governments have responded by taking one of three fiscal paths: (1) forced austerity, resulting in school and library closings, deteriorating infrastructure, elimination of mass-transit systems and benefit and personnel cuts; (2) an increased dependence on local tax …

The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman

Michigan Journal of International Law

This Note will examine the current state of international law concerning property rights to all types of wrecks discovered in international waters. It will show that a multilateral convention is needed to establish an international framework for property rights to shipwrecks of historical and archaeological value, to wrecks of military vessels, and to wrecks of commercial ships such as the Titanic. There may be obstacles to the establishment of a multilateral convention, but the international community must provide certainty to ownership questions, furnish protection for submarine antiquities, and prevent disputes arising from the wrongful salvage of military vessels.

New Steps To Preserve The Old: The Revised Historic Preservation Legislation For The City Of Philadelphia, Charlotte E. Thomas

Villanova Law Review

No abstract provided.

Property, Gerald Bobango

West Virginia Law Review

No abstract provided.

Implementation Of Enacted Title By Registration Legislation In The Maritimes, Robert Tj Stein

Dalhousie Law Journal

Since my first contribution to this Journal upon the topic of title by registration,' it is possible to report a further cascade of ink; the pilot project in Prince Edward Island, which was examined, has produced two statutes: (1) Land Titles Act, Nova Scotia;2 (2) Land Titles Act, New Brunswick.3 The Nova Scotia Act remains unproclaimed and makes no repeal of the first attempt at title by registration in 1903-4 which failed to obtain substantial converts even though proclaimed. 4 New Brunswick has taken the great leap into the unknown by proclaiming its statute on 1st January, 1984;5 amending it …

A Common Law For The Statutory Era: The Right Of Publicity And New York's Right Of Privacy Statute, Frederick R. Kessler

Fordham Urban Law Journal

This note compares New York's privacy statute with the common law right of publicity. The article first traces the history of each law, then goes on to compare their effects. The author argues that exploitation of persona warrants judicial recognition of a common law right of publicity in New York, despite the argument that the creation of such a right should be left to the discretion of the legislature.

New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers

Fordham Urban Law Journal

This Note will review the history of commercial rent regulation in New York City and examine existing commercial rent regulation proposals, both in terms of their underlying goals and their methods of operation. The Note will argue that, as a matter of general economic and public policy, the legislature should not enact commercial rent regulations. In light of these policy considerations, the Note will then examine specific conclusions of the Commission in its Final Report and its assessment of proposed strategies to deal with the problem related to the escalation of commercial rents for small businesses and neighborhood consumers in …

Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour

Fordham Urban Law Journal

This Note recommends that the federal government create legislation that will impose a duty on real estate brokers to test homes for radon and to disclose the results to prospective purchasers. Based on a common law negligence theory, such a duty would become part of the current obligation of a real estate broker: (1) to conduct a reasonably diligent and competent search of property for sale; and (2) to disclose to prospective homebuyers all material defects affecting the value or desirability of the home. In his investigation, the broker must use the expertise and knowledge that derive from his training …

The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin

Seattle University Law Review

This Note analyzes the historical position taken by Washington courts regarding servitudes and tax sales prior to and subsequent to the 1959 statute dealing with easements. The Note next examines the Palzer holding, the degree to which it aligns Washington's position with that of the majority, and its limited support for future litigation involving other forms of servitudes.