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Articles 1 - 30 of 32
Full-Text Articles in Law
Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark
Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark
South Carolina Law Review
No abstract provided.
Easier Easements: A New Path For Conservation Easement Deduction Valuation, Nicholas Carson
Easier Easements: A New Path For Conservation Easement Deduction Valuation, Nicholas Carson
Northwestern University Law Review
Conservation easements, a valuable tool in the conservationist’s toolbox, have grown increasingly popular since the 1980s, when Congress introduced changes to the federal tax code making easement donations more financially attractive. And with deductions reaching hundreds of thousands, or even millions, of dollars, conservation easement deductions are big business. However, expanded incentives and loosened regulations invite abuse, especially when the tax implications are large and donated easements are hard to value. Valuation of real estate remains an inexact science, dependent on inconsistent appraisal methods and subjectivity. Conservation easements can be even more difficult to value than other easements because, by …
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 …
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
William & Mary Law Review
No abstract provided.
Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs
Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs
University of Richmond Law Review
This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.
Of Property And Antiproperty, Abraham Bell, Gideon Parchomovsky
Of Property And Antiproperty, Abraham Bell, Gideon Parchomovsky
Michigan Law Review
Private property is widely perceived as a potent prodevelopment and anticonservationist force. The drive to accumulate wealth through private property rights is thought to encourage environmentally destructive development; legal protection of such property rights is believed to thwart environmentally friendly public measures. Indeed, property rights advocates and environmentalists are generally described as irreconcilable foes. This presumed clash often leads environmentalists to urge public acquisition of private lands. Interestingly, less attention is paid to the possibility that the government may prove no better a conservator than private owners. Government actors often mismanage conservation properties, collaborating with private developers to dispose of …
Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene
Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene
University of Richmond Law Review
No abstract provided.
Railroads Across Tribal Lands, Carye Cole Chapman
Railroads Across Tribal Lands, Carye Cole Chapman
American Indian Law Review
No abstract provided.
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Michigan Law Review
Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.
Part I asserts that CERCLA's legislative history, when read against …
The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin
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.
Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger
Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger
Washington and Lee Law Review
No abstract provided.
Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson
Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson
West Virginia Law Review
No abstract provided.
United States V. Causby: An Extension Thereof, Stuart Randolph Hayes
United States V. Causby: An Extension Thereof, Stuart Randolph Hayes
William & Mary Law Review
No abstract provided.
Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.
Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.
Vanderbilt Law Review
Future Interests.-The creation of divided interests in real property always carries with it problems in controlling the use and man- agement by the owner of the possessory interest. One of the most difficult problems in future interests is how to adjust the relation between the holder of a present possessory interest and the holder of a future interest in the same parcel of land. In resolving such problems many courts are influenced primarily by the nature (classification) of the future interest involved and have worked out with some degree of certainty the distribution of benefits and burdens in the simple …
Relocation Of Easements - Millson V. Laughlin, David L. Bowers
Relocation Of Easements - Millson V. Laughlin, David L. Bowers
Maryland Law Review
No abstract provided.
Abstracts Of Recent Cases, J. E. J.
Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather
Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather
Michigan Law Review
Plaintiff, operator of a boat company, owned land adjoining a river. X held land between that of the plaintiff and a county road. Plaintiff, seeking to secure a way from his property to the county road, offered by letter to purchase forty acres from X, and upon refusal, attempted to buy a forty foot strip, which was again refused. There was further correspondence, in which the parties referred to an "easement" or a "right of way," which terminated in a letter from X saying: ''From the standpoint of this company, there will be no objection to you building a …
Implied Easements Of Necessity Contrasted With Those Based On Quasi-Elements, Ernest W. Rivers
Implied Easements Of Necessity Contrasted With Those Based On Quasi-Elements, Ernest W. Rivers
Kentucky Law Journal
No abstract provided.
The Assessment And Taxation Of Easements, Snyder Jed King
The Assessment And Taxation Of Easements, Snyder Jed King
Washington Law Review
A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …
Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review
Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review
Michigan Law Review
Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Michigan Law Review
In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.
Party Walls - Replacement And Removal, Charles W. Allen
Party Walls - Replacement And Removal, Charles W. Allen
Michigan Law Review
The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …
Easements--Way Of Necessity Where Other Mode Of Access
Easements--Way Of Necessity Where Other Mode Of Access
West Virginia Law Review
No abstract provided.
Real Property--Extent Of Easement Acquired By Prescription, William Mellor
Real Property--Extent Of Easement Acquired By Prescription, William Mellor
Kentucky Law Journal
No abstract provided.
Easements--The Doctrine Of Implied Grant On Quasi-Easements, H. W. Vincent
Easements--The Doctrine Of Implied Grant On Quasi-Easements, H. W. Vincent
Kentucky Law Journal
No abstract provided.
Reservation Of Easements By Implication, Warren Gaillard
Reservation Of Easements By Implication, Warren Gaillard
Kentucky Law Journal
No abstract provided.
Easements--Distinction Between Easement And Lease--Easements Less Than Fee, Kingsley R. Smith
Easements--Distinction Between Easement And Lease--Easements Less Than Fee, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Michigan Law Review
M conveyed a portion of his land to X, through whom the defendant claims, the circumstances being such that X acquired a way of necessity over the land retained by M. X recorded his deed. Later M conveyed his remaining land to H, through whom the plaintiff claims. H was a purchaser for value without notice of the way of necessity. The plaintiff sought to enjoin the defendant from entering his land, and the defendant attempted to justify on the ground of this way of necessity. Held, under the recording acts the plaintiff as a bona fide purchaser took …
Easement Of Necessity--Increasing The Servitude, A. William Petroplus
Easement Of Necessity--Increasing The Servitude, A. William Petroplus
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.