Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

Lis Pendens And Procedural Due Process, William B. Hanley May 2013

Lis Pendens And Procedural Due Process, William B. Hanley

Pepperdine Law Review

No abstract provided.


Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge May 2013

Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge

Pepperdine Law Review

No abstract provided.


Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey May 2013

Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey

Pepperdine Law Review

No abstract provided.


Current Condominium Practice Problems, John Paul Hanna May 2013

Current Condominium Practice Problems, John Paul Hanna

Pepperdine Law Review

No abstract provided.


Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii May 2013

Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii

Pepperdine Law Review

No abstract provided.


Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes , Walter R. Luostari Feb 2013

Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes , Walter R. Luostari

Pepperdine Law Review

No abstract provided.


The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore Feb 2013

The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore

Pepperdine Law Review

No abstract provided.


Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain Feb 2013

Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain

Pepperdine Law Review

This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.


The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification, Robert B. Paysinger Feb 2013

The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification, Robert B. Paysinger

Pepperdine Law Review

The new Starker decision addresses the issue whether a nonsimultaneous exchange qualifies for section 1031 nonrecognition treatment. The Court of Appeals for the Ninth Circuit, in addressing this issue, also had to determine the appropriateness of the collateral estoppel "separable facts" doctrine under the facts in the case. The author provides an in-depth examination of the court's clarification of collateral estoppel and expansion of section 1031. The author, in agreeing with-the decision, welcomes the added flexibility the case lends to the real estate finance field.


Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property, Richard Mednick Feb 2013

Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property, Richard Mednick

Pepperdine Law Review

The sweeping changes brought about by the Bankruptcy Reform Act of 1978 may have a profound effect on the secured interests of lenders. The rights of a creditor against a debtor, and the procedure that he must follow vary with the chapter of the new Bankruptcy Code under which the debtor files his claim. Richard Mednick, a Judge on the Bankruptcy Court for the Central District of California, explains the procedures required and the interest affected by the most commonly invoked chapters of the new code. Judge Mednick strongly urges that creditors become familiar with these changes, as some new …


Top Leases And The Rule Against Perpetuities, J. Suzanne Hill Feb 2013

Top Leases And The Rule Against Perpetuities, J. Suzanne Hill

Pepperdine Law Review

The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.


California Tax Practitioners Beware: Even The Ninth Circuit's I.R.C. Section 1031 Loophole Has Limits, Laurel A. Tollman Jan 2013

California Tax Practitioners Beware: Even The Ninth Circuit's I.R.C. Section 1031 Loophole Has Limits, Laurel A. Tollman

Pepperdine Law Review

Section 1031 of the Internal Revenue Code provides tax deferred status for like-kind exchanges of investment property. The Deficit Reduction Act of 1984 amends this section to curb the use of the controversial delayed exchange as a tool to suspend tax assessment for an inordinate period of time. California attorneys should beware the fiture structuring of like-kind exchanges;for the amendment revises the lenient procedures for like-kind qualification sanctioned by the permissive Ninth Circuit.


The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell Jan 2013

The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell

Pepperdine Law Review

The proliferation of rent control laws in many California cities has led to a furious debate concerning its legal, economic, and social consequences. Leading scholars believe that rent control only exacerbates existing housing shortages and excludes the poor, the minority and the elderly from scarce rental housing. This article sets forth the proposition that the fixing of rent ceilings by a local government violates the federal antitrust laws and can be invalidated in federal court.


The Real Estate Broker's Fiduciary Duties: An Examination Of Current Industry Standards And Practices, William J. Minick Iii, Marlynn A. Parada Jan 2013

The Real Estate Broker's Fiduciary Duties: An Examination Of Current Industry Standards And Practices, William J. Minick Iii, Marlynn A. Parada

Pepperdine Law Review

No abstract provided.


The Legality Of California Development Fees, Erik B. Michelsen Jan 2013

The Legality Of California Development Fees, Erik B. Michelsen

Pepperdine Law Review

No abstract provided.


Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland Jan 2013

Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland

Pepperdine Law Review

No abstract provided.


Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida Jan 2013

Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida

Pepperdine Law Review

No abstract provided.


Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney Jan 2013

Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney

Pepperdine Law Review

No abstract provided.


Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane Jan 2013

Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane

Pepperdine Law Review

No abstract provided.


Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle Jan 2013

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.


Consumerism And Land Sales , Leonard Levin Jan 2013

Consumerism And Land Sales , Leonard Levin

Pepperdine Law Review

No abstract provided.


It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich Jan 2013

It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich

Pepperdine Law Review

No abstract provided.


Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton Jan 2013

Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton

Pepperdine Law Review

No abstract provided.


Extreme Rubber-Stamping: The Fee-To-Trust Process Of The Indian Reorganization Act Of 1934, Kelsey J. Waples Jan 2013

Extreme Rubber-Stamping: The Fee-To-Trust Process Of The Indian Reorganization Act Of 1934, Kelsey J. Waples

Pepperdine Law Review

In recognition of the massive loss of Indian territory since the European “discovery” of America, the Indian Reorganization Act of 1934 provides a process whereby Indian tribes can expand their reservations by applying to have additional land placed into trust for their benefit. This process, known as the fee-to-trust process, is the subject of fervent opposition by many affected communities because once taken into trust for a tribe, such land is no longer subject to state and local taxation or zoning, planning, and other regulatory controls. Accordingly, this Comment explores the efficacy of the fee-to-trust process by analyzing the Pacific …