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2006

Property Law and Real Estate

Institution
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Articles 31 - 60 of 79

Full-Text Articles in Law

Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126 P.3d 1133, Leanne Hoskins Feb 2006

Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126 P.3d 1133, Leanne Hoskins

Nevada Supreme Court Summaries

The proceeding before the Court was a jurisdictional screening of eight consolidated appeals from district court orders denying motions to remit surety bonds. The Court held that it lacked jurisdiction to hear an appeal from any order entered in an ancillary bond proceeding and dismissed the appeals.


Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene Feb 2006

Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene

All Faculty Scholarship

Land titling is a form of privatization in that public assets are transferred to private families and individuals. This is unlike other forms of privatization, however, because there is a systematic diffusion of economic and decision making power down to indigent populations rather than out of the country or up to its local elites. In light of this uniqueness, the question I will grapple with in this Article is, can property ownership, achieved through land titling programs, bolster democracy? First, using Peru as an example, I explain the context that necessitated the creation of land titling and the process by ...


Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons Jan 2006

Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons

Faculty Scholarship

No abstract provided.


Adopting Restatement Mortgage Subrogation Principles: Saving Billions Of Dollars For Refinancing Homeowners, Dale A. Whitman, Grant S. Nelson Jan 2006

Adopting Restatement Mortgage Subrogation Principles: Saving Billions Of Dollars For Refinancing Homeowners, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In eras of declining interest rates, millions of residential mortgage loans may be refinanced. When this occurs, it is customary for the refinancing lender to require a title examination and a new mortgagee's title insurance policy. This requirement is expensive, usually costing several hundred dollars or more, and the cost is invariably paid by the borrower. This Article proposes that in the vast majority of refinancings this expense can be substantially reduced or even eliminated. This result can be achieved through proper understanding, adoption, and use of the doctrine of equitable mortgage subrogation articulated in the Restatement (Third) of ...


Property And Television, John G. Sprankling Jan 2006

Property And Television, John G. Sprankling

McGeorge School of Law Scholarly Articles

Property rights are-in large part-based on societal expectations. What shapes those expectations? One factor is television, our culture's most important medium of communication. The modern "reality show" may be particularly powerful in affecting the attitudes of viewers because it presents a model of "real life" behavior. This essay is the first legal scholarship to explore the relationship between television and property rights. It focuses on Survivor, the CBS program that chronicles the lives of "castaways" trying to survive in a tropical wilderness, where property is both scarce and vital. Survivor is a "reality show"-and one of the most ...


Virginia Practice Series: Real Estate Closings, 5th Edition, W. Wade Berryhill Jan 2006

Virginia Practice Series: Real Estate Closings, 5th Edition, W. Wade Berryhill

Law Faculty Publications

This real estate guide emphasizes practical considerations for conducting closings and solving related problems. It tracks a real estate transaction from its conception to finalization with references to source material and citations to statutes, case law, and other authorities. It also includes detailed outlines of procedures and an extensive presentation of forms, many of them not available in standard reference books, to help you prepare documents more efficiently.


The Presumption Of Undue Influence Resurrected: He Said/She Said Is Back, Christine Manolakas Jan 2006

The Presumption Of Undue Influence Resurrected: He Said/She Said Is Back, Christine Manolakas

McGeorge School of Law Scholarly Articles

No abstract provided.


Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur Jan 2006

Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur

Articles

The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.


The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg Jan 2006

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


It's Not About The Fox: The Untold History Of Pierson V. Post, Bethany Berger Jan 2006

It's Not About The Fox: The Untold History Of Pierson V. Post, Bethany Berger

Faculty Articles and Papers

For generations, Pierson v. Post, the famous fox case, has introduced students to the study of property law. Two hundred years after the case was decided, this Article examines the history of the case to show both how it fits into the American ideology of property, and how the facts behind the dispute challenge that ideology. Pierson is a canonical case because it replicates a central myth of American property law, that we start with a world in which no one has rights to anything and the fundamental problem is how best to convert it to absolute individual ownership. The ...


The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett Jan 2006

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Journal Articles

This Article challenges a foundational assumption about eminent domain - namely, that owners are systematically undercompensated because they receive only fair market value for their property. The Article shows that, in fact, scholars have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of eminent domain. The Article examines three ways that Takers (i.e., non-judicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high-subjective-value properties. Second, Takers frequently must pay more compensation in the form of relocation assistance. Third, Takers and property owners ...


Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya Jan 2006

Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya

Articles

No abstract provided.


Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett Jan 2006

Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett

Faculty Scholarship at Penn Law

No abstract provided.


Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser Jan 2006

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.


Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser Jan 2006

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.


Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste Jan 2006

Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste

Faculty Scholarship

No abstract provided.


Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter Jan 2006

Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter

Articles

In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to individual Indians, and sell off the rest to non-Indians. The idea was that Indians would abandon traditional patterns of subsistence to become American-style farmers, and great tracts of land would be freed up for the advance of white settlement. A key component of the federal government's larger project of assimilating Indians into ...


The Current State Of International Law, S. James Anaya Jan 2006

The Current State Of International Law, S. James Anaya

Articles

No abstract provided.


The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann Jan 2006

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Pace Law Faculty Publications

No abstract provided.


Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer Jan 2006

Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


New Urbanist Zoning For Dummies, Michael Lewyn Jan 2006

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.


Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin Jan 2006

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.


Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt Jan 2006

Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.


Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt Jan 2006

Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt

Publications

This article discusses a Ninth Circuit case where plaintiffs unsuccessfully claimed violation of the Fair Housing Act because the homeowners association had never refused to make the requested accommodation.


Indefeasible Title In British Columbia: A Comment On The November 2005 Amendments To The Land Title Act, Douglas C. Harris Jan 2006

Indefeasible Title In British Columbia: A Comment On The November 2005 Amendments To The Land Title Act, Douglas C. Harris

Faculty Publications

In November 2005, as part of an omnibus statute amending 11 different acts, the British Columbia government made several significant changes to BC's Land Title Act. The government announced that the changes to the title registration system would 'ensure immediate legal certainty of land title for a person acting in good faith, who unknowingly acquired a fee simple interest in the property through a forged transfer, provided the individual did not participate in the fraud'. In an effort to assuage fears of those who had acquired interests in a system that, if it needed to be fixed, had been ...


Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt Jan 2006

Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt

Publications

This article discusses a California case which held calculated an equitable subrogation award following sale of a home by crediting all joint tenant’s mortgage payments against net proceeds before dividing the balance into equal shares.


"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly Jan 2006

"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly

Journal Articles

If eminent domain is to serve true community development, statutory reforms must limit its propensity to abuse while still preserving its effectiveness. The first part of this article offers a normative legal theory of eminent domain as constrained by both the availability of alternative means of achieving public objectives and the inability of some condemnees to be made whole by cash compensation. The consideration of the land needs of both the condemnor and the condemnee is crucial to the respective evaluations of public use and just compensation as limitations on eminent domain. In the context of urban redevelopment, the theory ...


Democratizing Credit: Examining The Structural Inequities Of Subprime Lending, Cassandra Jones Havard Jan 2006

Democratizing Credit: Examining The Structural Inequities Of Subprime Lending, Cassandra Jones Havard

All Faculty Scholarship

This Article critiques the current regime of mortgage lending, which favors economic subordination. Minorities and low-and moderate income persons, regardless of their creditworthiness, are receiving higher loan rates. This is due to three market phenomena- the dominance of sub-prime lenders in the market in which prime lenders are more restricted to lend, the segmentation of the market so that certain products are offered to certain consumers, and the liquidity of the secondary market, which encourages lenders to make loans that are easily sold, but which may be inappropriately and impermissibly priced. Only by incorporating some transparency into the process will ...


Taking Compensation Private, Abraham Bell, Gideon Parchomovsky Jan 2006

Taking Compensation Private, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

59 Stan. L. Rev. 871 (2006)


What Happens When The Sky Does Fall In?, Roger Bernhardt Jan 2006

What Happens When The Sky Does Fall In?, Roger Bernhardt

Publications

This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.