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Full-Text Articles in Law
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Michigan Journal of Environmental & Administrative Law
Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …
Future Interests-Rule Against Perpetuities--Validity Of An Option Incident To A Lease Exercisable After The Expiration Of The Lease, Irving Slifkin S.Ed.
Future Interests-Rule Against Perpetuities--Validity Of An Option Incident To A Lease Exercisable After The Expiration Of The Lease, Irving Slifkin S.Ed.
Michigan Law Review
On November 13, 1941, plaintiff entered into a lease with defendant granting defendant the exclusive right to mine and remove coal from plaintiff's mine for twenty years. Incident to the lease defendant was granted the option, "at any time subsequent to November 1st, 1945, to purchase the remaining tonnage of recoverable coal" at a specified price. A deed thereto was placed in escrow. In January, 1946, defendant elected to exercise the option, tendered the price, and received the deed from escrow. Plaintiff refused to recognize the validity of the option and commenced an action in equity to cancel the deed …
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Michigan Law Review
Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.
On Leasing Gas From Coal Seams, C. C. Williams Jr.
On Leasing Gas From Coal Seams, C. C. Williams Jr.
West Virginia Law Review
No abstract provided.
Eminent Domain-Validity Of State Statute
Eminent Domain-Validity Of State Statute
Michigan Law Review
As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …
Rights Of Fee Simple Owner Of Subjacent Mineral Stratum In The Containing Space, James W. Simonton
Rights Of Fee Simple Owner Of Subjacent Mineral Stratum In The Containing Space, James W. Simonton
West Virginia Law Review
No abstract provided.