Law Commons^™

Tax Consequences Of Restructuring Debt On Troubled Real Estate, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Stephen M. Lamastra

Mercer Law Review

During the survey period, many cases addressed real property issues in Georgia. Georgia courts were most active in the areas of zoning, condemnation, and landlord-tenant law. In the following pages, the authors review certain cases that signal developing trends or provide guidance in a specific area of the law.

• Mineral Rights
• Easements
• Construction of Document
• Mortgages and Security Deeds
• Foreclosure
• Dispossession
• Landlord and Tenant
• Liens
• Sales Contracts
• Vendors and Purchasers
• Real Estate Brokers
• Trespass on Realty
• Zoning
• Eminent Domain and Condemnation
• Transfer Tax
• Legislation

The Conversion Of Intangible Property: Bursting The Ancient Trover Bottle With New Wine, Val D. Ricks

BYU Law Review

No abstract provided.

Real Property: 1991 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Department Of Real Estate, T. Rellos

California Regulatory Law Reporter

No abstract provided.

Rolling Down The Curtain On "Roll-Ups": The Case For Federal Legislation To Protect Limited Partners, Kenneth R. Hillier

Michigan Law Review

This Note examines roll-ups and the lack of alternatives available to reluctant limited partners. Part I focuses on existing judicial remedies for limited partners, such as injunctions and actions for damages, and explains why these courses of action provide inadequate protection. This Part then reviews recent attempts at statutory protection and points out the shortcomings of these remedies. Part II examines safeguards afforded analogously situated corporate shareholders and sets forth arguments why limited partners should receive similar protection. After demonstrating the need for legislation, Part III suggests a workable structure for this statutory protection. Then, the Note discusses the relative …

Department Of Real Estate, N. Dela Rosa

California Regulatory Law Reporter

No abstract provided.

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill

All Faculty Scholarship

No abstract provided.

Civil And Criminal Forfeitures Of Real Property: Marketability Of The Government's Title, Joyce Palomar

Joyce Palomar

No abstract provided.

Time And Property In The American Republican Legal Culture, Gregory S. Alexander

Cornell Law Faculty Publications

Modern historians including J.G.A. Pocock and Gordon Wood have demonstrated the degree to which revolutionary American political discourse incorporated "civic republican" notions of virtue, property, and citizenship that promoted stable land ownership and active political participation. These historians also have argued that the republican view soon gave way to the now-dominant liberal view that champions the alienability of property and private over public life. Professor Alexander argues that this history is too neat. In fact, American republicanism contained unreconciled "dialectical" tensions—between individual rights and societal goals, stability of ownership and wealth redistribution, historical continuity and change—that, though now expressed in …

Department Of Real Estate, N. Dela Rosa

California Regulatory Law Reporter

No abstract provided.

Icons And Aliens: Law, Aesthetics, And Environmental Change, Scott Schrader

Michigan Law Review

A Review of Icons and Aliens: Law, Aesthetics, and Environmental Change by John J. Costonis

Civil And Criminal Forfeitures Of Real Property, Joyce Palomar

Joyce Palomar

No abstract provided.

Real Property-Florida Supreme Court Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Taking Issue With Takings: Has The Washington State Supreme Court Gone Too Far?, Jill M. Teutsch

Washington Law Review

The Washington State Supreme Court has expressed concern for local governments' potential financial liability under the taking clauses of the federal and state constitutions. Accordingly, the court adopted a comprehensive framework to analyze regulatory challenges and mitigate the chilling effect of potential financial liability. The court, however, went too far in its zeal to promote innovative land-use measures. Its broadly inclusive insulation doctrine allows little room for any regulatory takings. Because the insulation doctrine fails to meet a federal minimum of constitutionality, the doctrine must be relaxed to comport with precedent. To prevent the return of the chilling effect, the …

Standing To Contest Administrative Action Under The Land Withdrawal And Review Program: Lujan V. National Wildlife Federation, Darin T. Judd

Brigham Young University Journal of Public Law

No abstract provided.

The Erosion Of The Clean Water Act Through Inverse Condemnation: Can Wetlands Withstand The Takings Clause Of The Fifth Amendment?, Stephen R. Kelly

Brigham Young University Journal of Public Law

No abstract provided.

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 …

Refining The Itemized Deduction For Home Property Tax Payments, J. B. Mccombs

Vanderbilt Law Review

By enacting a $1 million debt limit for deductible home mortgage interest in 1987,' Congress opened the way for a fresh inquiry into the home property tax deduction. Adoption of that debt limit reflects a major change in policy-a re-evaluation of the benefits and costs of subsidies to luxury housing.

At first glance a $1 million limit seems ridiculously high if the debt ceiling reflects a decision to stop subsidizing luxury housing. The debt ceiling, however, does not contain an inflation adjustment provision. Because such provisions are common in the Internal Revenue Code, the absence here must be by conscious …

The Power Line Health Controversy: Legal Problems And Proposals For Reform, Philip S. Mccune

University of Michigan Journal of Law Reform

Part I of this Note examines the primary means of compensating individuals whose property is affected by EMFs from nearby power lines: eminent-domain and inverse-condemnation proceedings. Although power lines adversely affect property values in several ways, 6 fear of the potential health problems caused by power lines has had the greatest impact.' v Part I evaluates the three approaches that courts have developed to determine whether plaintiffs can recover for the effect of public fears of EMFs on property values. This Part concludes that although testimony about the biological effects of EMFs should be inadmissible, property owners should be able …

Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz

Sturm College of Law: Faculty Scholarship

Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …

Advocating Affordable Housing In New Hampshire: The Amicus Curiae Brief Of The American Planning Association In Wayne Britton V. Town Of Chester, 40 Wash. U. J. Urb. & Contemp. L. 3 (1991), Brian W. Blaesser, Susan Marie Connor, Eric Damian Kelly, Stuart Meck

UIC Law Open Access Faculty Scholarship

No abstract provided.

0529: John L. Allen Collection, 1784-1991, Marshall University Special Collections

Guides to Manuscript Collections

Wheeling, West Virginia, lawyer. Papers consist of reproductions of deeds of property owned by George Washington and the will of Archibald McClean, all relating to property in what is now Ohio and Marshall Counties, West Virginia.

Department Of Real Estate, N. Dela Rosa

California Regulatory Law Reporter

No abstract provided.

Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons' is an exceptionally complex document with the avowed purpose of radically altering the choice of law rules in the succession field that have traditionally guided all common law jurisdictions as well as many civil law regimes. To date, the conflicts revolution that has engulfed other fields of law such as contracts and torts has barely intruded into the realm of property and succession law. In large part, this has been attributable to the nearly absolute adherence of judges and legislators to the relatively simple, straightforward …

Construction Lien Law Reform: The Equilibrium Of Change, Fred R. Dudley, William A. Buzzett, Deborah Kaveney Kearney

Florida State University Law Review

No abstract provided.

Personal Property Leasing In Florida: Moving 2a Uniform Treatment, James E. Foster, David G. Shields

Florida State University Law Review

No abstract provided.

Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert

UIC Law Review

No abstract provided.

A Reprise Of The Case Of Eads V. Brazleton, Barlow Burke

Articles in Law Reviews & Other Academic Journals

For many first-year law students, the course in real property begins with the case of Eads v. Brazelton. The choice is well-considered, because the case allows the teacher to delve simultaneously into the laws of prior possession and finder's rights. Eads is a Mid-South version of Pierson v. Post, but thesuit is less shallow and the facts more appealing; something of value, other than a hunter's wounded pride, is at stake. Although decided in 1861, Eads continues to serve as authority for clearing title by abandonment. Additionally, the case enjoys renewed application for its rule of capture. Modern salvage cases …

The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez

Scholarly Articles

This Article advocates a wider judicial recognition of nuisance actions based on aesthetic considerations. Contrary to the majority of legal opinion to the contrary, it is argued that a right to enjoy property should include a right to be free from non-invasive aesthetic or visual nuisances. With modern real estate appraisal methods making it possible to express community aesthetic preferences in monetary terms, courts are now no longer prevented from using these tools in assessing injuries to real estate. Thus, determinations of aesthetic nuisance actions are not any more subjective than the current task of courts in the context of …