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Property Law and Real Estate

Journal

1988

Institution
Keyword
Publication

Articles 1 - 30 of 57

Full-Text Articles in Law

The Law Of Easements And Licenses In Land: Book Review, R. H. Helmholz Nov 1988

The Law Of Easements And Licenses In Land: Book Review, R. H. Helmholz

Vanderbilt Law Review

A distinguished commentator, Professor A.W.B. Simpson, recently observed that the legal treatise seems to be going the way of the dinosaur and the dodo bird.' To him, and indeed to other thoughtful ob-servers, the treatise's characteristic form appears to have outlived its natural span, or at least lost its reason for existence among serious academic writers. The treatise's focus on a particular and specialized area of the law and its inevitable concentration on the doctrinal analysis of appellate cases now appear quite out of date to these observers, something perhaps worthwhile in a simpler and more complacent era, but which …


The Unwarranted Implication Of A Warranty Of Fitness In Commercial Leases-An Alternative Approach, Fred W. Bopp, Iii Oct 1988

The Unwarranted Implication Of A Warranty Of Fitness In Commercial Leases-An Alternative Approach, Fred W. Bopp, Iii

Vanderbilt Law Review

The classical landlord-tenant relationship has undergone a substantial transformation since its origin in feudal England. The most recent and far-reaching change has been the emergence of an implied warranty of habitability in residential leases.' An overwhelming majority of jurisdictions recognizes this implied warranty either by statute or judicial decisions or both. These same jurisdictions, however, uniformly have rejected an extension of the underlying rationale to the commercial setting by refusing to imply an analogous warranty of fitness or suitability in nonresidential leases. Consequently, while modern notions of consumer protection have made rapid advances in residential tenancies, commercial lease law continues …


Department Of Real Estate, D. Weber Oct 1988

Department Of Real Estate, D. Weber

California Regulatory Law Reporter

No abstract provided.


Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon, Mary C. Stockel Sep 1988

Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon, Mary C. Stockel

Hofstra Property Law Journal

No abstract provided.


Seqra's Emergency Provision: Exemption Or Circumvention?, David J. Kirschner Sep 1988

Seqra's Emergency Provision: Exemption Or Circumvention?, David J. Kirschner

Hofstra Property Law Journal

No abstract provided.


A Comparison Of The Partnership Structure And The S Corporation For Owning And Operating Real Estate, Peter M. Fass Sep 1988

A Comparison Of The Partnership Structure And The S Corporation For Owning And Operating Real Estate, Peter M. Fass

Hofstra Property Law Journal

No abstract provided.


Closing The Federal Courthouse Door On Property Owners: The Ripeness And Abstention Doctrines In Section 1983 Land Use Cases, Brian W. Blaesser Sep 1988

Closing The Federal Courthouse Door On Property Owners: The Ripeness And Abstention Doctrines In Section 1983 Land Use Cases, Brian W. Blaesser

Hofstra Property Law Journal

No abstract provided.


Front Matter Sep 1988

Front Matter

Hofstra Property Law Journal

No abstract provided.


A Primer On Powers, S. Alan Medlin Sep 1988

A Primer On Powers, S. Alan Medlin

Hofstra Property Law Journal

No abstract provided.


Protecting Third Party Property Rights In Rico Forfeitures, Margaret Mainusch Sep 1988

Protecting Third Party Property Rights In Rico Forfeitures, Margaret Mainusch

Hofstra Property Law Journal

No abstract provided.


Department Of Real Estate, R. Venberg Aug 1988

Department Of Real Estate, R. Venberg

California Regulatory Law Reporter

No abstract provided.


Spousal Property Rights--'Til Death Do They Part, John W. Fisher Ii Jun 1988

Spousal Property Rights--'Til Death Do They Part, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Department Of Real Estate, R. Venberg May 1988

Department Of Real Estate, R. Venberg

California Regulatory Law Reporter

No abstract provided.


Proposed Nonproduction Or Excess Acreage Tax: Viable Revenue Source Or Unconstitutional Property Tax, Ellen R. Archibald Apr 1988

Proposed Nonproduction Or Excess Acreage Tax: Viable Revenue Source Or Unconstitutional Property Tax, Ellen R. Archibald

West Virginia Law Review

No abstract provided.


Federal Coal Royalty Reduction And Product Valuation, David B. Pariser Apr 1988

Federal Coal Royalty Reduction And Product Valuation, David B. Pariser

West Virginia Law Review

No abstract provided.


Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad Apr 1988

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …


Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney Apr 1988

Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney

Washington Law Review

By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …


Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad Apr 1988

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …


Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney Apr 1988

Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney

Washington Law Review

By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …


Front Matter Mar 1988

Front Matter

Hofstra Property Law Journal

No abstract provided.


A Miranda Card For Planners, Brian W. Blaesser Mar 1988

A Miranda Card For Planners, Brian W. Blaesser

Hofstra Property Law Journal

No abstract provided.


The Takings Clause: The Evolving And Uncertain Standards Applicable To Cities And Towns, Cynthia M. Pols Mar 1988

The Takings Clause: The Evolving And Uncertain Standards Applicable To Cities And Towns, Cynthia M. Pols

Hofstra Property Law Journal

No abstract provided.


Commentary On First English And Nollan, Dwight H. Merriam Mar 1988

Commentary On First English And Nollan, Dwight H. Merriam

Hofstra Property Law Journal

No abstract provided.


New York Condominium Conversion Laws: Examining The Protections Against Displacement And The Need For Further Amendment, Steven D. Jannace, Laura A. Keil Mar 1988

New York Condominium Conversion Laws: Examining The Protections Against Displacement And The Need For Further Amendment, Steven D. Jannace, Laura A. Keil

Hofstra Property Law Journal

No abstract provided.


Asbestos Cleanup: Claimants In Search Of Abatement Costs, Harriet Feuer Mar 1988

Asbestos Cleanup: Claimants In Search Of Abatement Costs, Harriet Feuer

Hofstra Property Law Journal

No abstract provided.


A Critical Analysis Of The 1987 Takings Trilogy: The Keystone, Nollan And First English Cases, John Martinez Mar 1988

A Critical Analysis Of The 1987 Takings Trilogy: The Keystone, Nollan And First English Cases, John Martinez

Hofstra Property Law Journal

No abstract provided.


X. Real Property Law Mar 1988

X. Real Property Law

Washington and Lee Law Review

No abstract provided.


An Introductory Note And Dedication, Bernard E. Jacob Mar 1988

An Introductory Note And Dedication, Bernard E. Jacob

Hofstra Property Law Journal

No abstract provided.


Unnecessary Hardship: The Financial Standard For Zoning Variances In New York City, William Valletta Mar 1988

Unnecessary Hardship: The Financial Standard For Zoning Variances In New York City, William Valletta

Hofstra Property Law Journal

No abstract provided.


Introduction, William Ginsberg Mar 1988

Introduction, William Ginsberg

Hofstra Property Law Journal

No abstract provided.