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Series

2001

Property Law and Real Estate

Institution
Keyword
Publication

Articles 1 - 30 of 54

Full-Text Articles in Law

Tax Planning For Real Estate Developers, Charles H. Egerton Nov 2001

Tax Planning For Real Estate Developers, Charles H. Egerton

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For Real Estate Ownership, Stefan F. Tucker Nov 2001

Tax Planning For Real Estate Ownership, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


The Like Kind Exchange: A Current Review, Stefan F. Tucker Nov 2001

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel Nov 2001

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause ...


Foskett V. Mckeown – Hard-Nosed Property Rights Or Unjust Enrichment?, Hang Wu Tang Nov 2001

Foskett V. Mckeown – Hard-Nosed Property Rights Or Unjust Enrichment?, Hang Wu Tang

Research Collection School Of Law

The recent judgment of the House of Lords in Foskett is extremely important as it straddles insurance law, property law, tracing and unjust enrichment. First, it establishes the proposition that it is possible to trace misappropriated moneys wrongfully paid as premiums into the proceeds of a policy. Second, two of the Law Lords contemplated the abolition of the distinction between the rules for tracing in law and tracing in equity. Third, the judgments of the Law Lords contain valuable guidance as to the context in which equitable ownership and the law of unjust enrichment should be viewed.


Willful Drivel, Roger Bernhardt Nov 2001

Willful Drivel, Roger Bernhardt

Publications

This article covers California real estate transactions where “willfulness” determines liability. Six areas are included in the discussion: landlord and tenant relations, landowners, real estate sales, homeowner associations, construction, and loans.


Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman Oct 2001

Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


The Dangers Of Disrepair, Roger Bernhardt Oct 2001

The Dangers Of Disrepair, Roger Bernhardt

Publications

This article discusses a California case where the landlord was held liable for property damage from a defective electrical system even though the tenants had not paid rent for the past year. The article covers liability in tort or contract, untenantability, attorney fees, and the interaction of the duty to repair and the duty to pay rent.


When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud Jul 2001

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Faculty Publications

No abstract provided.


Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt Jul 2001

Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt

Publications

This article discusses a California case where a mistaken assignment of a leasehold could have been avoided had a bank’s lawyers paid more attention to landlord-tenant law than to foreclosure law.


Clarifying State Water Rights And Adjudications, Greg Hobbs Jun 2001

Clarifying State Water Rights And Adjudications, Greg Hobbs

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

14 pages.

Contains footnotes.


Agenda: Two Decades Of Water Law And Policy Reform: A Retrospective And Agenda For The Future, University Of Colorado Boulder. Natural Resources Law Center, Hydrosphere Resource Consultants, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick & Stowell, P.C., Perkins Coie Llp, The William And Flora Hewlett Foundation Jun 2001

Agenda: Two Decades Of Water Law And Policy Reform: A Retrospective And Agenda For The Future, University Of Colorado Boulder. Natural Resources Law Center, Hydrosphere Resource Consultants, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick & Stowell, P.C., Perkins Coie Llp, The William And Flora Hewlett Foundation

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

1 v. (various pagings) ; 29 cm

"Sponsors: Hydrosphere Resource Consultants; Modrall, Sperling, Roehl, Harris & Sisk, P.A.; Patrick & Stowell, P.C.; Perkins Coie LLP; The William and Flora Hewlett Foundation."

Conference speakers, moderators and/or panelists included University of Colorado School of Law professors Gary C. Bryner, Douglas S. Kenney, Sarah Krakoff, Kathryn Mutz, David H. Getches, Lawrence J. MacDonnell and James N. Corbridge, Jr.

Includes bibliographical references

The conference will examine the agenda for reforming and improving water law that has developed during the past two decades in the West, assesses what has (and has not) been accomplished by pursuing these reforms, and explores lessons ...


Faithful Waste, Roger Bernhardt May 2001

Faithful Waste, Roger Bernhardt

Publications

This article discusses the interaction of waste and antideficiency statutes in California as to financial waste. The critical inquiry is whether the waste was done in bad faith.


What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf Apr 2001

What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf

Faculty Articles and Papers

No abstract provided.


Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt Apr 2001

Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt

Publications

This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.


History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades Apr 2001

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Faculty Publications

No abstract provided.


Setting Aside Foreclosure Sales, Roger Bernhardt Mar 2001

Setting Aside Foreclosure Sales, Roger Bernhardt

Publications

This article discusses when a foreclosure sale is complete and insulated from challenges to have it set aside, as well as what are sufficient grounds to stop or set aside a sale.


Brief For Respondents, Palazzolo V. Rhode Island Ex. Rel. Tavares, No. 99-2047 (U.S. Jan. 3, 2001), Richard J. Lazarus Jan 2001

Brief For Respondents, Palazzolo V. Rhode Island Ex. Rel. Tavares, No. 99-2047 (U.S. Jan. 3, 2001), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.


A Primer On The Sale Of Residence Tax Rules After The Proposed Regulations, Wayne M. Gazur Jan 2001

A Primer On The Sale Of Residence Tax Rules After The Proposed Regulations, Wayne M. Gazur

Articles

No abstract provided.


On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky Jan 2001

On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


A Property Theory Perspective On Russian Enterprise Reform, Michael Heller Jan 2001

A Property Theory Perspective On Russian Enterprise Reform, Michael Heller

Book Chapters

Why have Russian enterprises performed so poorly since privatization? This is a problem with many answers, each independently sufficient: the bleak mix includes vacillating macroeconomic policy, endemic corruption, a corrosive tax structure, poor human capital, and so forth. Even well-performing companies must hide good results because visible profits or dividends provoke confiscatory taxation and mafia visits. In such a difficult environment, the rule of law generally, and corporate governance in particular, may seem not to count. Macroeconomic implosions dwarf subtle distinctions in corporate dividend rules or minority voting rights.


Eminent Domain, Exactions, And Railbanking: Can Recreational Trails Survive The Court’S Fifth Amendment Takings Jurisprudence, Danaya C. Wright Jan 2001

Eminent Domain, Exactions, And Railbanking: Can Recreational Trails Survive The Court’S Fifth Amendment Takings Jurisprudence, Danaya C. Wright

UF Law Faculty Publications

This article attempts to locate the legal aspects of recreational trail development within the increasingly powerful property rights movement. The most complex result of this rising property rights rhetoric is a clear shift in constitutional takings doctrine to be more sympathetic to landowners' arguments. Thus, the interplay of takings decisions and trails development will be the focus of most of this article.

Part II provides a brief account of the legal structure of governmental land use controls and the current state of takings jurisprudence to form a basic background for the different ways in which recreational trails have been developed ...


The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold Jan 2001

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.


Takings Reassessed, Abraham Bell, Gideon Parchomovsky Jan 2001

Takings Reassessed, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer Jan 2001

Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Chinese Mortgage Law: An American Perspective, Dale A. Whitman Jan 2001

Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Faculty Publications

My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.


Moral Nuisances, John C. Nagle Jan 2001

Moral Nuisances, John C. Nagle

Journal Articles

Nuisance law provides a remedy for activities that substantially interfere with the use and enjoyment of one's land. Most nuisance cases today involve environmental pollution or unwanted noises, sights, or smells. Historically, though, nuisance law had a much broader application that regulated brothels, saloons, and gambling parlors - what I call moral nuisances.

I articulate a theory of moral nuisances that applies when (1) a substantial and legally cognizable interference with a landowner's use or enjoyment of his or her land is caused by (2) an action that is regarded as immoral by a reasonable person within the community ...


The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt Jan 2001

The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that the protection of California’s Real Estate Recovery Fund was limited to members of the public and did not include title insurance companies”


Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod Jan 2001

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.


From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell Jan 2001

From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell

Faculty Scholarship

This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon ...