Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (12)
- William & Mary Law School (6)
- University of Pennsylvania Carey Law School (5)
- Brooklyn Law School (3)
- Pace University (3)
-
- The Peter A. Allard School of Law (3)
- University of Pittsburgh School of Law (3)
- Duke Law (2)
- Roger Williams University (2)
- Texas A&M University School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Miami Law School (2)
- University of Missouri School of Law (2)
- Vanderbilt University Law School (2)
- Washington University in St. Louis (2)
- Wayne State University (2)
- California Western School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Golden Gate University School of Law (1)
- Louisiana State University Law Center (1)
- New York Law School (1)
- Notre Dame Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- Singapore Management University (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Colorado Law School (1)
- University of Denver (1)
- Keyword
-
- Property (14)
- Takings (7)
- Eminent Domain (5)
- Foreclosure (4)
- Housing (4)
-
- Land use (4)
- Regulatory takings (4)
- Eminent domain (3)
- Property Rights (3)
- Zoning (3)
- Bankruptcy (2)
- Border Wall (2)
- China (2)
- Climate change (2)
- Condominium (2)
- Conservation (2)
- Cooperative Federalism (2)
- Environment (2)
- Exclusion (2)
- Federal Takings (2)
- Fifth Amendment (2)
- Gentrification (2)
- Infrastructure (2)
- Land (2)
- Land tenure (2)
- Liability (2)
- Limited Liability (2)
- Private space (2)
- Property Theory (2)
- Property theory (2)
- Publication
-
- Nevada Supreme Court Summaries (12)
- Faculty Scholarship (9)
- All Faculty Scholarship (6)
- Faculty Publications (6)
- Articles (5)
-
- Journal Articles (4)
- All Faculty Publications (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Law Faculty Research Publications (2)
- Scholarship@WashULaw (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- California Agencies (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Marine Affairs Institute Conferences, Lectures, and Events (1)
- Maryland Law Review Online (1)
- Popular Media (1)
- Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Articles (1)
- Sturm College of Law: Faculty Scholarship (1)
- Supreme Court Preview (1)
- UIC Law Open Access Faculty Scholarship (1)
- Utah Law Faculty Scholarship (1)
- Virginia Coastal Policy Center (1)
- William & Mary Annual Tax Conference (1)
Articles 1 - 30 of 72
Full-Text Articles in Law
Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris
Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris
All Faculty Publications
Owning land within condominium, or strata property as it is known in British Columbia, includes holding an individual strata lot, a share of the common property, and the right to participate in governing the uses of the private and common property. Owners participate in governing through membership and voting rights in a strata corporation which has the responsibility to maintain the common property and the authority to establish bylaws that restrict the use of the common and private property. The corollary of membership and a voice in the affairs of the strata corporation is a duty to accept its governing …
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
When Are You An Investor Versus A Dealer In Real Property? (Powerpoint), James B. Sowell, Stephen J. Giordano
When Are You An Investor Versus A Dealer In Real Property? (Powerpoint), James B. Sowell, Stephen J. Giordano
William & Mary Annual Tax Conference
No abstract provided.
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Publications
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the "ripeness" rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaint~ffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first- the so-called "compensation prong" (as distinguished from a separate "takings prong"). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a "prudential" rule rather than (as …
Howard V. Hughes, 134 Nev. Adv. Op. 80 (Oct. 4, 2018), Christian Ogata
Howard V. Hughes, 134 Nev. Adv. Op. 80 (Oct. 4, 2018), Christian Ogata
Nevada Supreme Court Summaries
The Court clarified the holding of Langevin v. York, and applied the presumptions outlined in Sack v. Tomlin to unmarried joint tenants. The Court held that before property may be partitioned and shares are proportionally divided between unrelated joint tenants, a party must overcome the presumption of equal ownership. If a party overcomes this presumption, the shares are proportionally divided based on the parties’ respective financial contributions to the initial purchase price, unless the other party can show a donative intent to gift an equal ownership interest.
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle
Faculty Publications
Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would …
Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson
Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
This article addresses the legal circumstances arising when a state agency authorizes oil and gas production operations beneath a landowner’s land against that landowner’s wishes. One might assume that, if a landowner wants to preserve his or her land from oil and gas development, the landowner could simply refuse to allow drilling to occur beneath the land. However, neighbors may want to develop the oil and gas resources beneath their own land. To satisfy the neighbors’ wishes, an oil and gas producer must assemble mineral production rights on or beneath enough contiguous land to satisfy state spacing and acreage requirements …
Property-As-Society, Timothy M. Mulvaney
Property-As-Society, Timothy M. Mulvaney
Faculty Scholarship
Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception …
Section 3: Property Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Property Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Rosenburg Living Trust V. Macdonald Highlands Realty, Llc C/W 70478, 134 Nev. Adv. Op. 69 (Sept. 13, 2018) (En Banc), Scott Cooper
Rosenburg Living Trust V. Macdonald Highlands Realty, Llc C/W 70478, 134 Nev. Adv. Op. 69 (Sept. 13, 2018) (En Banc), Scott Cooper
Nevada Supreme Court Summaries
The Court determined that Nevada law does not recognize implied restrictive covenants based on a common development scheme, and the Court did not adopt the doctrine under these facts. Additionally, the Court held that, unlike common law disclosure requirements, claims arising from the duties of a licensee under NRS Chapter 645 could not be waived. Finally, it held that attorney fees and costs should only be awarded where a claim is without reasonable ground, or to harass the prevailing party.
Wells Fargo, N.A. V. Radecki, 134 Nev. Adv. Op. 74 (Sep. 13, 2018) (En Banc), Yilmaz Turkeri
Wells Fargo, N.A. V. Radecki, 134 Nev. Adv. Op. 74 (Sep. 13, 2018) (En Banc), Yilmaz Turkeri
Nevada Supreme Court Summaries
The Court determined that: (1) Wells Fargo failed to present evidence of unfairness or irregularity that would invalidate the foreclosure sale; (2) pursuant to NRS 112.170(2), a regularly conducted, noncollusive foreclosure sale under NRS Chapter 116 is exempt under the Uniform Fraudulent Transfer Act (UFTA); and (3) inaccuracies in a foreclosure deed are not sufficient to invalidate a foreclosure sale that complied with NRS Chapter 116.
Bank Of America, N.A. V. Sfr Inv.’S Pool 1, Llc, 134 Nev. Adv. Op. 72 (Sept. 13, 2018) (En Banc), Esteban Hernandez
Bank Of America, N.A. V. Sfr Inv.’S Pool 1, Llc, 134 Nev. Adv. Op. 72 (Sept. 13, 2018) (En Banc), Esteban Hernandez
Nevada Supreme Court Summaries
The Court determined that becausethe holder of the first deed of trust provided valid tender of the superpriority portion of anHOA’s lien, the HOA’s foreclosure on the lien was void as to the superpriority portion. Further, anHOA has no right to convey full title to the property because the holder’s first deed of trust remains after foreclosure. Thus,when the holder unconditionally tenders the superiority amount due, the buyer at an HOA lien foreclosure sale takes the property subject to the deed of trust.
Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin
Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin
Utah Law Faculty Scholarship
This report was prepared by Nancy A. McLaughlin, Robert W. Swenson Professor of Law at the University of Utah S.J. Quinney College of Law, in her role as Reporter for the Uniform Law Commission's Uniform Conservation Easement Act Study Committee. The report provides an overview of the Uniform Conservation Easement Act (UCEA), which was approved by the Commission in 1981, and examines the provisions in individual state conservation easement enabling statutes that differ from the provisions in the UCEA.
Sfr Invs. Pool 1, Llc V. Bank Of N.Y. Mellon, 134 Nev. Adv. Op. 58 (Aug. 2, 2018) (En Banc), Jocelyn Murphy
Sfr Invs. Pool 1, Llc V. Bank Of N.Y. Mellon, 134 Nev. Adv. Op. 58 (Aug. 2, 2018) (En Banc), Jocelyn Murphy
Nevada Supreme Court Summaries
The Court determined that prior to its 2015 amendment, NRS § 116.31168, through its incorporation of NRS § 107.090, previously required homeowner associations to provide notices of default and sale to all persons and entities with a subordinate interest in the property, regardless of whether they had requested notice.
Clark County V. Hq Metro, Llc, 134 Nev., Adv. Op. 56 (Aug. 2, 2018) (En Banc), Joseph K. Fabbi
Clark County V. Hq Metro, Llc, 134 Nev., Adv. Op. 56 (Aug. 2, 2018) (En Banc), Joseph K. Fabbi
Nevada Supreme Court Summaries
The Court held that condemnation compensation is due to the party who lost a right to property when a court orders eminent domain to a government entity.
Code Sec. 1031 After The 2017 Tax Act, Bradley T. Borden
Code Sec. 1031 After The 2017 Tax Act, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Sustainable Affordable Housing, Andrea Boyack
Sustainable Affordable Housing, Andrea Boyack
Faculty Publications
Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world’s carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly funded incentives such as tax credits, grants, reduced approval fees, and streamlined permitting. Using market measurement innovations such as the Dow Jones Sustainability Index, investors can promote environmentally sustainable development by prioritizing real estate developers that embrace environmentally conscious practices. Even though real estate in general still underperforms in many other sectors in terms …
West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd
West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd
Nevada Supreme Court Summaries
The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners association (HOA) fails to serve the Notice of Default (NOD) to the recorded beneficiary of the deed of trust and (2) that recorded beneficiary’s successor in interest is unable to demonstrate how it was prejudiced or injured by the defective notice to their predecessor in interest. Further, a HOA does not lose standing to foreclose on a property when it enters into a factoring agreement that does not change the relationship between debtor and lender.
Hohfeld And Property, Michael S. Green
Carrington Mortg. Holdings V. R Ventures, 134 Nev. Adv. Op. 46 (Jun. 14, 2018), Paloma Guerrero
Carrington Mortg. Holdings V. R Ventures, 134 Nev. Adv. Op. 46 (Jun. 14, 2018), Paloma Guerrero
Nevada Supreme Court Summaries
The Court determined that application of NRS § 116.3116(8) which states that “[a] judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party,” refers only to actions brought by a homeowners’ association to enforce its assessment lien and not a quiet title and declaratory judgment action by a third-party purchaser at such a sale.
Montage Marketing, Llc V. Washoe County, 134 Nev. Adv. Op. 3 (May 31, 2018), Jocelyn Murphy
Montage Marketing, Llc V. Washoe County, 134 Nev. Adv. Op. 3 (May 31, 2018), Jocelyn Murphy
Nevada Supreme Court Summaries
The Court held the district court’s order denying a petition for judicial review in a property tax matter concerning unsold condominium units was proper under NRS 361.227(2)(b) and NRS 351.227(5)(c) because neither statutory provision requires a county assessor to value unsold condominiums as a single unit or to apply the discounted cash flow method to determine full cash value.
Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir
Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir
Maryland Law Review Online
No abstract provided.
Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy
Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy
Nevada Supreme Court Summaries
The Court held that when the Federal Housing Finance Agency (FHFA) is acting as a conservator, absent their affirmative relinquishment, the Federal Foreclosure Bar cloaks property with Congressional protection.
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Journal Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
You have likely seen the bumper sticker, bold white text on a green background, reading “No Farms No Food.” The sticker is a product of, and in fact a tagline for, the American Farmland Trust. On the one hand, the point is obvious: As American Farmland Trust puts it, “[e]very meal on our plates [c]ontains ingredients grown on a farm. We all need farms to survive.” On the other hand, what seems like a plain statement on its face, “no farms no food,” is not so simple. Farms produce affordable food, they produce vast quantities of food, they produce healthy …
An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall
An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall
All Faculty Publications
No abstract provided.
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Faculty Publications
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
All Faculty Scholarship
This essay uses concepts from Bernadette Atuahene’s book We Want What’s Ours: Learning from South Africa’s Land Restitution Program to examine the trend of urban hospital closings. It does so by focusing specifically on the history of Martin Luther King, Jr. Community Hospital, a charitable hospital in South Los Angeles, California that emerged after the Watts riots in 1965. The essay illustrates how Professor Atuahene’s framework can generate unique questions about the closing of urban hospitals, and public bureaucracies more generally. The essay also demonstrates how Martin Luther King, Jr. Community Hospital’s trajectory hones some of Atuahene’s concepts in ways …
A Review Of The California Unlawful Detainer Pilot Program: 2018 Update, California Research Bureau
A Review Of The California Unlawful Detainer Pilot Program: 2018 Update, California Research Bureau
California Agencies
This is the eighth legislative report on the merits of the pilot program, as required by state statutes. There is insufficient data for a proper evaluation of the program with regards to crime reduction and nuisance abatement, but the accelerated unlawful detainer procedure is cost-effective when compared to lawsuits and is successful at evicting individual nuisance tenants.
Design Center Leasing - A Hybrid Approach, Richard J. Sobelsohn
Design Center Leasing - A Hybrid Approach, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.