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Articles 1 - 30 of 55
Full-Text Articles in Law
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
BYU Law Review
No abstract provided.
The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire
The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
The months since the last survey period from June 1, 2009 to May 31, 2010, have continued to prove perilous to the nation as well as to the State of Georgia, as real estate values have plummeted and foreclosure of real property has reached an all time high. However, as this Article attempts to show, other issues concerning real property abound. As is the case each year, it is difficult to choose the few cases that may be surveyed from the numerous decisions affecting real property law. The cases in this Article were selected either for their legal significance, to …
Real Property, Roger Bernhardt
Real Property, Roger Bernhardt
Cal Law Trends and Developments
"Real property" as a topic exists only in a law professor's mind. Practicing attorneys may specialize in representing title companies or developers or brokers or any of the other entrepreneurs who make their living in one way or another from real estate, but none of these lawyers would claim that his proper field of expertise is real estate per se. Consequently, any article on developments in the field of real property law really becomes a series of separate articles on developments in some real estate specialties, rather than a cohesive whole. I have tried, here, to cover the three specialties …
Real Property, Herbert I. Lazerow
Real Property, Herbert I. Lazerow
Cal Law Trends and Developments
During the year, the California courts made the acquisition of property, either by adverse possession or possession as a result of the owner's abandonment, more difficult. While the courts did not change the rules of law they insisted on their pristine application. This demonstrates an understandable tendency, in an urbanizing society, toward restricting the transfer of title by possession alone to non-owners.
Community Development Authorities, Andrew A. Painter
Community Development Authorities, Andrew A. Painter
University of Richmond Law Review
Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
University of Richmond Law Review
This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors' conclusions.
The Illusory Right To Abandon, Eduardo M. Penalver
The Illusory Right To Abandon, Eduardo M. Penalver
Michigan Law Review
The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law's concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however due to …
Real Property, Harold E. Mcintosh
Real Property, Harold E. Mcintosh
Cal Law Trends and Developments
Many cases were decided in the field of real property during the period covered by the survey, but very few of them were decided in the California Supreme Court. There is one case of special importance that was decided in the Appellate Department of the Superior Court. Only those cases thought to be of special significance are included in this survey, and legislation enacted during the period will not be discussed.
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Golden Gate University Law Review
In Goodstein v. Continental Casualty CO., the United States Court of Appeals for the Ninth Circuit held that the diminution in sale value of property due to pollution does not constitute "property damage" under a comprehensive general liability insurance policy where the sale contract did not require the buyer to remediate as a condition of the sale. In so holding, the court found that diminished property value is not "physical injury to tangible property," nor is it "damage" that the "insured shall become legally obligated to pay" because of "property damage." However, without determining whether the mere designation of property …
The Cold Decision Of Coldwell Banker: A California Court Ends The Evolution Of Broker Liability With One Decision, Dominic H. Porrino
The Cold Decision Of Coldwell Banker: A California Court Ends The Evolution Of Broker Liability With One Decision, Dominic H. Porrino
Golden Gate University Law Review
Part I of this note focuses on the history of the broker's duty of disclosure and duties owed to third persons. That part provides a historical framework of the evolving law in broker disclosure and the broker's duty to third persons, concentrating mainly on California law. Part II discusses the broker disclosure statute and the downfall of its narrow interpretation. Part III discusses the common-law balancing test, and the benefits of its application to the Coldwell Banker case and other cases like it. Finally, Part IV concludes that the court in Coldwell Banker erred by taking a narrow interpretation of …
Private And Public Construction In Modern China, Gregory M. Stein
Private And Public Construction In Modern China, Gregory M. Stein
San Diego International Law Journal
During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …
How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo
How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo
Golden Gate University Law Review
California landlords doing business in cities with strict rent control laws have found a way to get around such laws and capitalize on the tight housing market. As of 1998 California landlords have simply relied on the utility of the Ellis Act, which has been in the California law books since 1986 and prohibits government agencies from interfering with a landlord's decision to evict tenants and withdraw rental units from the market. For example, in San Francisco, a city with strict rent control laws, 205 buildings were Ellised from July 1998 to June 1999; a jump from 1995, when only …
Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips
Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips
Golden Gate University Law Review
California has long been on the cutting edge of the law, often presaging national legal trends. It is no surprise, therefore, that California was among the first states to abandon the rule of caveat emptor in real estate transactions, enacting numerous statutes that provide a buyer with sufficient information to make a reasoned judgment in buying property. Sellers often run afoul of these laws, however, because they are unaware of the nature and extent of the duties imposed upon them. California real estate practitioners know that their state law imposes stringent duties of disclosure on sellers of real property, particularly …
Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon
Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon
Golden Gate University Law Review
Before the Cable Act became law, a number of obstacles had retarded cable television's growth and development. One such obstacle involved private landowners, especially real estate developers and landlords. By the 1980s, many developers were attempting to physically exclude franchised cable television disseminators from their developments so that the resulting captive audience could be served, on an exclusive basis, by the developer or someone with whom the developer had contracted. These exclusionary practices represented a serious problem, since it is estimated that half of all new residential construction in the United States is now in the form of planned or …
Eminent Domain By Regulation: Developing A Unified Field Theory For The Regulatory Taking, Barbara J. Savery
Eminent Domain By Regulation: Developing A Unified Field Theory For The Regulatory Taking, Barbara J. Savery
Golden Gate University Law Review
The blurring of the lines between what constitutes public use for eminent domain and what is considered a proper public welfare objective of the police power means that government purpose can no longer be used to distinguish between the two powers. They have become functionally interchangeable. The Supreme Court's recognition that the two powers are coterminus demands that they be treated not as separate entities, but as "two points on a continuum which is the power of government". The tension between the traditional "correlative view", which sees the two powers as "very different", and the more recent approach, which openly …
Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman
Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman
Golden Gate University Law Review
This Note will address several questions which are both old and new in tort law. How does the court apply a stream of commerce approach to strict products liability? What does it mean for a landlord to be in the business of leasing so that strict liability may be imposed for injuries caused by latent defects in residential units? What is a latent defect so that landlords may take necessary preventative steps before renting a unit? In addition, this Note will examine the policies for extending strict liability which have developed in California case law. This Note will show that …
Dual Agency In Residential Real Estate Brokerage: Conflict Of Interest And Interests In Conflict, Robert E. Kroll
Dual Agency In Residential Real Estate Brokerage: Conflict Of Interest And Interests In Conflict, Robert E. Kroll
Golden Gate University Law Review
This Comment will explore the legal status and vulnerability of real estate brokers who engage in dual agency. It will discuss the under-representation of home buyers, and the advantages and disadvantages of some suggested statutory and administrative reforms requiring or encouraging single, unconflicted agency arrangements in residential real estate transactions.
Real Property, Scott Benjamin
Wellenkamp V. Bank Of America: A De-Stabilizing Shift In California Real Estate Financing, Patrick Hart
Wellenkamp V. Bank Of America: A De-Stabilizing Shift In California Real Estate Financing, Patrick Hart
Golden Gate University Law Review
No abstract provided.
Curbing Real Estate Speculation In California, Barbara L. Cunningham
Curbing Real Estate Speculation In California, Barbara L. Cunningham
Golden Gate University Law Review
No abstract provided.
The Doctrine Of Waste And California's Anti-Deficiency Statutes, Henry E. O'Neill
The Doctrine Of Waste And California's Anti-Deficiency Statutes, Henry E. O'Neill
Golden Gate University Law Review
No abstract provided.
Green V. Superior Court: A New Remedy For The California Tenant, Jane Rogers, Janis Rovner
Green V. Superior Court: A New Remedy For The California Tenant, Jane Rogers, Janis Rovner
Golden Gate University Law Review
No abstract provided.
Transformation Of Land Rights In Indonesia: A Mixed Private And Public Law Model, Daryono
Transformation Of Land Rights In Indonesia: A Mixed Private And Public Law Model, Daryono
Washington International Law Journal
Transformation of land rights from colonial to post-colonial systems in many developing countries was primarily undertaken by two different models: firstly, it was entirely governed by private law to allow voluntary transformation, and secondly, it was under public law where the state placed a tight administrative control during the transformation process. Both models had benefits and limitations, but they generally failed to develop modern property rights systems. A third regime of a mixed private and public law model has been promoted to create balance between private and public orders experienced within Indonesia. The mixed private and public law transformation creates …
Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez
Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez
Buffalo Law Review
No abstract provided.
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
William & Mary Law Review
One of the lingering questions about the law of regulatory takings concerns the proper scope and application of the Supreme Court’s exactions jurisprudence, known as the Nollan/Dolan test. A recurring issue in the case law is the extent to which the Nollan/Dolan framework applies to takings challenges brought against development impact fees. Judicial decisions on the issue split over two primary questions. First, there is a debate about whether Nollan/Dolan is limited to physical exactions or whether the test might also apply to monetary exactions as well. Second, there is a difference of opinion over whether Nollan/Dolan applies only to …
The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon
The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon
Pace Law Review
No abstract provided.
Rural Property Law, Alan Romero
A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii
A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii
West Virginia Law Review
No abstract provided.