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Property Law and Real Estate

Journal

2004

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Articles 1 - 30 of 36

Full-Text Articles in Law

Real Property, Linda S. Finley Dec 2004

Real Property, Linda S. Finley

Mercer Law Review

The Author believes it appropriate to dedicate this Article to a man who has served as a mentor and expert for hundreds (perhaps thousands) of real estate lawyers in the State of Georgia. Affectionately known as "The Death Ray" by his students, who at one time or another admired or feared him, Professor James C. Rehberg had the knack for making a somewhat dry topic come alive (perhaps the exception being the Rule Against Perpetuities). Professor Rehberg was honored in early 2004 by students, faculty, and alumni at his official retirement. While the Author can do little to make this …


Real Estate And Land Use Law, Brian R. Marron Nov 2004

Real Estate And Land Use Law, Brian R. Marron

University of Richmond Law Review

No abstract provided.


Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall Sep 2004

Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall

BYU Law Review

No abstract provided.


Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing Sep 2004

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.


This Land Is Your Land (Our Right To The Environment), Victor B. Flatt Sep 2004

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.


Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce Sep 2004

Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce

West Virginia Law Review

No abstract provided.


There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas Jul 2004

There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas

Campbell Law Review

No abstract provided.


Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington Apr 2004

Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington

William & Mary Law Review

No abstract provided.


Sharing Their Piece Of The Real Estate Pie: An Analysis Of The Necessity Of Lawyers At Residential Real Estate Closings In The Context Of The Adoption Of Recent Opinions Of The North Carolina State Bar, Melissa K. Walker Apr 2004

Sharing Their Piece Of The Real Estate Pie: An Analysis Of The Necessity Of Lawyers At Residential Real Estate Closings In The Context Of The Adoption Of Recent Opinions Of The North Carolina State Bar, Melissa K. Walker

Campbell Law Review

This comment will address the necessity of lawyers at real estate closings in light of the recent changes in the Formal Ethics Opinions and Authorized Practice Advisory Opinion issued by the North Carolina State Bar.


Setting Boundaries For Extraterritorial Applications Of The Property Clause: An Assessment Of An Alternative Source Of Authority For Environmental Regulations, Cyril Robert Emery Apr 2004

Setting Boundaries For Extraterritorial Applications Of The Property Clause: An Assessment Of An Alternative Source Of Authority For Environmental Regulations, Cyril Robert Emery

Indiana Law Journal

No abstract provided.


What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke Apr 2004

What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke

Buffalo Law Review

No abstract provided.


The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson Apr 2004

The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna Apr 2004

Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna

West Virginia Law Review

No abstract provided.


The Once And Future Federal Grazing Lands, S. L. Rundle Mar 2004

The Once And Future Federal Grazing Lands, S. L. Rundle

William & Mary Law Review

No abstract provided.


Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman Mar 2004

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.


Property Rights, Community Public Goods, And Household Time Allocation In Urban Squatter Communities: Evidence From Peru, Erica Field Feb 2004

Property Rights, Community Public Goods, And Household Time Allocation In Urban Squatter Communities: Evidence From Peru, Erica Field

William & Mary Law Review

No abstract provided.


A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy Feb 2004

A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy

William & Mary Law Review

In this Article we explore the potential benefits and costs of a program to grant title to individuals who are occupying land informally. Only some of these benefits and costs have received careful empirical consideration in the literature. This Article references existing studies and draws on findings from original surveys of urban households in Ecuador. We consider how a titling program might affect the welfare of landowners and occupants, how it could alter the functioning of real estate markets, and whether it could build a community's social capital. Potential benefits must be weighed against a range of costs, including those …


Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell Feb 2004

Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell

William & Mary Law Review

No abstract provided.


Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar Feb 2004

Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar

William & Mary Law Review

No abstract provided.


Foreword: Property Rights And Economic Development, Eric Kades Feb 2004

Foreword: Property Rights And Economic Development, Eric Kades

William & Mary Law Review

No abstract provided.


A Year Later: Klaeren V. Lisle And The Troubles It Has Wrought, Victor P. Filippini Jr. Jan 2004

A Year Later: Klaeren V. Lisle And The Troubles It Has Wrought, Victor P. Filippini Jr.

Public Interest Law Reporter

No abstract provided.


Individual Aboriginal Rights, John W. Ragsdale Jr. Jan 2004

Individual Aboriginal Rights, John W. Ragsdale Jr.

Michigan Journal of Race and Law

This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …


Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim Jan 2004

Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim

William Mitchell Law Review

For the first time in almost twenty years, the Minnesota legislature has altered the statutory procedures for canceling residential purchase agreements. The 2004 legislature instituted two new procedures for cancellation of residential purchase agreements, both of which will significantly change current practices. … The new legislation for cancellation of residential purchase agreements represents an effort to provide an expedited method of allowing sellers and buyers to resolve standoffs between the parties with the broker in the middle holding the earnest money. It has the advantages over section 559.21 of speed, a remedy for the buyer, and a means of confirming …


Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson Jan 2004

Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson

UIC Law Review

No abstract provided.


203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis Jan 2004

203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis

UIC Law Review

No abstract provided.


Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray Jan 2004

Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray

UIC Law Review

No abstract provided.


Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi Jan 2004

Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi

Michigan Journal of International Law

In the post-1989 world, the primacy of private property is taken for granted. The final fall of communism, it would seem, is an adequate commentary of the supremacy of private property arrangements in facilitating economic development. Debates pitting plan (with its associated appetite for communal or collective property) against market (with its avowed belief in private property) are now considered superfluous. As far as the "Western world" was concerned, it seemed that the task of persuading the rest of the world that private property is the key to efficient market performance and economic development had finally been accomplished. The only …


Property: Creating A Slayer Statute Oklahomans Can Live With, Gregory C. Blackwell Jan 2004

Property: Creating A Slayer Statute Oklahomans Can Live With, Gregory C. Blackwell

Oklahoma Law Review

No abstract provided.


Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird Jan 2004

Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird

UIC Law Review

No abstract provided.


Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz Jan 2004

Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz

UIC Law Review

No abstract provided.