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1979

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Property Law and Real Estate

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Articles 1 - 30 of 48

Full-Text Articles in Law

A Practical Approach To The Subsidized Housing Tax Shelter, Carter C. Chinnis Dec 1979

A Practical Approach To The Subsidized Housing Tax Shelter, Carter C. Chinnis

William & Mary Annual Tax Conference

No abstract provided.


The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill Dec 1979

The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill

West Virginia Law Review

No abstract provided.


The Creation Of Joint Tenancies--Common Law Technicalities Vs. The Grantor's Intent, Ellen Carle Lilly Dec 1979

The Creation Of Joint Tenancies--Common Law Technicalities Vs. The Grantor's Intent, Ellen Carle Lilly

West Virginia Law Review

Can the owner of a piece of real property in West Virginia create a joint tenancy in himself and another by making a direct conveyance if the requisite intent to create a joint tenancy with right of survivorship is expressed? Or does a tenancy in common result due to the lack of the unities of time and title? The general rule is that except in the situation where the parties to the conveyance are husband and wife, a direct conveyance from one to himself and another as joint tenants results in a tenancy in common despite the express contrary intent …


Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst Dec 1979

Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst

Washington Law Review

This note examines four aspects of rezoning decisions addressed by the Parkridge court: the policy basis upon which rezoning actions may legitimately be grounded; the quantum of evidence necessary to support a rezoning decision;" the allocation of the burden of proof in rezoning actions; and the presumption of validity, if any, accorded local rezoning decisions.


Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson Nov 1979

Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson

Cornell Law Faculty Publications

Ante-mortem probate stands as a significant recent development in the American law of wealth succession. It confronts a problem that seriously impairs our probate system, the depredatious will contest, and promises to help revitalize the probate process. Already enacted in several states and currently under active study by the Joint Editorial Board of the Uniform Probate Code and the National Conference of Commissioners on Uniform State Laws, ante-mortem probate is likely to be widely implemented in some form. But while legislators and academics alike support ante-mortem probate as a general idea, disagreement has emerged over the specific form it should …


Nominating Property For The Virginia Landmarks Register, Glenn S. Hayes Nov 1979

Nominating Property For The Virginia Landmarks Register, Glenn S. Hayes

William & Mary Environmental Law and Policy Review

No abstract provided.


Comment: Who Should Have Title To Virginia Tidelands?, Kevin D. Norwood Nov 1979

Comment: Who Should Have Title To Virginia Tidelands?, Kevin D. Norwood

William & Mary Environmental Law and Policy Review

No abstract provided.


The Landmarks Of Federal Hill: The Pushcart Struggle 1930-1942 (Conclusion), Joseph R. Muratore Oct 1979

The Landmarks Of Federal Hill: The Pushcart Struggle 1930-1942 (Conclusion), Joseph R. Muratore

Joseph Muratore papers: Newspaper Columns

I hope you have enjoyed this brief series on the Struggle of the Push Cart vendors.

Many have thought that the vendors merely stopped placing their stands on Balbo Avenue and Spruce Street not realizing the great struggle suffered to remain there, however, after the vendors were allowed to return to their former stands, a few were old men and never returned.

Some became discouraged and looked for work elsewhere, those that remained until 1962 slowly died and no one replaced them.

Those who were familiar with the history of the stands became discouraged in their attempting to establish vending …


Bessemer V. Gersten, No. 52,264 6 Fla. L.W. 78 (Sup. Ct. Feb. 8, 1979), Jeffrey H. Abrams Oct 1979

Bessemer V. Gersten, No. 52,264 6 Fla. L.W. 78 (Sup. Ct. Feb. 8, 1979), Jeffrey H. Abrams

Florida State University Law Review

Real Property-HOMESTEAD-LIEN FOR RECREATIONAL RENTAL ARISING FROM NONPAYMENT WILL PREVAIL OVER BUYER'S HOMESTEAD RIGHT


Tort Liability And Recreational Use Of Land, Michael S. Buskus Oct 1979

Tort Liability And Recreational Use Of Land, Michael S. Buskus

Buffalo Law Review

No abstract provided.


Kaiser Aetna V. United States, Lewis F. Powell Jr. Oct 1979

Kaiser Aetna V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Agins V. City Of Tiburon, Lewis F. Powell Jr. Oct 1979

Agins V. City Of Tiburon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sioux Nation Of Indians, Lewis F. Powell Jr. Oct 1979

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Loosening The Grip Of The Dead Hand: Shall We Abolish Legal Future Interests In Land?, C. Dent Bostick Oct 1979

Loosening The Grip Of The Dead Hand: Shall We Abolish Legal Future Interests In Land?, C. Dent Bostick

Vanderbilt Law Review

This Article is concerned with a dilemma in the law of Future Interests. The dilemma stems from the needs and demands of a modern society to convey land cleanly and quickly and from the desire of property owners, especially landowners, to direct from the grave the on-going disposition of their property. This desire of landowners has always played a role in English and American property law. Much of the energy of the early judiciary was devoted to counter balancing the numerous ingenious arrangements devised by persons to effectuate continual control of their property.


Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth Oct 1979

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.


Condition And Value Of Repossessed Automobiles, Philip Shuchman Oct 1979

Condition And Value Of Repossessed Automobiles, Philip Shuchman

William & Mary Law Review

No abstract provided.


Condominium Conversions In The Bay Area, Steven A. Ishino Sep 1979

Condominium Conversions In The Bay Area, Steven A. Ishino

California Agencies

A Report to the Association of Bay Area Governments and the Department of City and Regional Planning in Partial Fulfillment of the Requirements for the Degree of Master of City Planning


Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock Jun 1979

Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock

West Virginia Law Review

No abstract provided.


Historic Preservation—Transferable Development Rights As Mitigation Rather Than Just Compensation—Penn Central Transportation Co. V. New York City, 438 U.S. 104 (1978), Douglas L. Batey Jun 1979

Historic Preservation—Transferable Development Rights As Mitigation Rather Than Just Compensation—Penn Central Transportation Co. V. New York City, 438 U.S. 104 (1978), Douglas L. Batey

Washington Law Review

Plaintiff was prevented by the New York City Landmarks Preservation Law from erecting a multi-story office building above Grand Central Railroad Terminal. Plaintiff was not compensated, but was allowed to transfer the Terminal's unused development rights to other sites. The trial court found this restriction unconstitutional unless "just compensation" was provided, and granted injunctive and declaratory relief. The New York Supreme Court, Appellate Division, reversed, finding that Penn Central, the plaintiff, had not been unconstitutionally deprived of its property. This decision was affirmed by the New York Court of Appeals. In a six to three decision, the United States Supreme …


Community Property - Benefits Awarded Under The Railroad Retirement Act Are Not Community Property Subject To Division Upon Divorce., Paul Andrew Drummond Jun 1979

Community Property - Benefits Awarded Under The Railroad Retirement Act Are Not Community Property Subject To Division Upon Divorce., Paul Andrew Drummond

St. Mary's Law Journal

Abstract Forthcoming.


Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi Apr 1979

Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi

Indiana Law Journal

No abstract provided.


Professional Corporation May Have Valuable Goodwill, Apart From Person Of Individual Member, That Must Me Considered In Property Settlement On Divorce., Carey P. Locke Mar 1979

Professional Corporation May Have Valuable Goodwill, Apart From Person Of Individual Member, That Must Me Considered In Property Settlement On Divorce., Carey P. Locke

St. Mary's Law Journal

Abstract Forthcoming.


Land Use Planning - A Prerequisite To Effective Zoning., Robert M. Rogers Mar 1979

Land Use Planning - A Prerequisite To Effective Zoning., Robert M. Rogers

St. Mary's Law Journal

Abstract Forthcoming.


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker Feb 1979

Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker

West Virginia Law Review

No abstract provided.


The Future Of Classified Real Property Taxation In Illinois: The Wake Of Hoffman V. Clark, Stephen A. Siegel Jan 1979

The Future Of Classified Real Property Taxation In Illinois: The Wake Of Hoffman V. Clark, Stephen A. Siegel

Loyola University Chicago Law Journal

No abstract provided.


Ackerman On Property And The Law, David T. Ozar Jan 1979

Ackerman On Property And The Law, David T. Ozar

Loyola University Chicago Law Journal

No abstract provided.


The Land Rights Of Indigenous Canadian Peoples, Brian Slattery Jan 1979

The Land Rights Of Indigenous Canadian Peoples, Brian Slattery

Brian Slattery

The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.


Case Digest, Journal Staff Jan 1979

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The digest includes cases that apply established legal principles to new and different factual situations. The cases are grouped in topical categories, and references are given for further research.

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …


Property, E. F. Roberts Jan 1979

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.