Law Commons^™

Basic Themes For Regulatory Takings Litigation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

There is probably no area of law that is as fraught with confusion and inconsistencies as the regulatory takings doctrine. In this Article, Professor Byrne summarizes arguments, called "litigation themes," that can be made to help circumnavigate the many pitfalls and quagmires that await takings liti-gators as a result of this confusion. The Article argues that the Fifth Amend-ment's Takings Clause was never meant to apply to the regulation of property, but only to physical or legal appropriations. Professor Byrne suggests that the Due Process Clauses or the Equal Protection Clause are equally capable of resolving the conflicts that result …

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the area of real property law in Georgia during the period from June 1, 1998, to May 31, 1999. As in past surveys, the authors do not attempt to chronicle each case and statute that affects real property law. Rather, the authors selected the decisions and statutes discussed in this Article for their significance and interest to participants in the everyday practice of real estate law in this state. Several cases decided during the survey period present issues on which the appellate courts were sharply divided and provide lively discussions of …

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Comment On Property And Divorce, A, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Survey Of Florida Law: Real Property, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …

Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman

William & Mary Environmental Law and Policy Review

No abstract provided.

Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle

William & Mary Environmental Law and Policy Review

No abstract provided.

"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr

William & Mary Environmental Law and Policy Review

No abstract provided.

Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo

Washington International Law Journal

This Article reviews the developing Chinese law pertaining to real estate mortgage loans with a focus on the questions that an American practitioner might have about the Chinese system. It identifies those areas of difference between the American and Chinese systems that might raise concerns for an American practitioner. Attention is given to issues of concern both to parties functioning as lenders and to parties functioning as borrowers or investors in mortgaged property. Although Chinese lawmakers have made major steps in recent years to provide clarity and predictability in the laws pertaining to mortgages, some of these laws have minor …

Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Platte River Endangered Species Partnership: Collaboration Or Coercion In Disguise, Dale Strickland

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

9 pages.

Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

7 pages.

Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages.

Contains footnotes.

A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages (includes 1 map).

Contains footnotes and 1 page of references.

Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

1 v. (various pagings) : ill., maps, charts ; 29 cm

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson

Includes bibliographical references

The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.

Conference activities will commence with a free public program cosponsored by the Center of …

The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

No abstract provided.

The Publicness Of Private Land Use Controls, Gregory S. Alexander

Cornell Law Faculty Publications

Real burdens, or land-use "servitudes" as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, …

Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht

Vanderbilt Law Review

"In general, all persons able to contract are permitted to determine and control their own legal relations by any agreements which are not illegal, or opposed to good morals or to public policy; but the mortgage forms a marked exception to this principle."'

I. INTRODUCTION "Once a mortgage, always a mortgage." This cryptic comment, oft-repeated, summarizes a central tenet of mortgage law: The equity of redemption is essential, immutable, and unwaivable. In other words, every mortgage borrower has the right, at any time after default, to redeem the collateral by repaying the debt until the lender has completed a "foreclosure" …

From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Property And Economic Liberty As Civil Rights: The Magisterial History Of James W. Ely, Jr., Douglas W. Kmiec

Vanderbilt Law Review

This formidable six-volume collection by respected Vanderbilt legal historian, James W. Ely, Jr., is a paean to property as a civil right. The argument of the volumes is made through selected essays by multiple authors, covering colonial time to the present day. It is property, Ely writes in the series introduction, that secures individual autonomy from government coercion, prevents an over-concentration of political authority generally, and encourages investment and economic development., Ely knows the main lesson of history is remembering. The vast literature on the institution of private property, until now, was not sufficiently culled, digested, and assembled, however, to …

Disclosing Personal Data In Real Estate Deals, Roger Bernhardt

Publications

This article discusses disclosure in real estate transactions. In California, residential sales and lease contracts must contain large-print notice as to how to obtain information about registered sex offenders. At the same time, Civil Code 1710.2 restricts disclosure of AIDS.

You Should See It In Every Clause: Emanuel B. Halper, Ground Leases And Land Acquisition Contracts, Bernard E. Jacob

Hofstra Property Law Journal

No abstract provided.

End Matter

Hofstra Property Law Journal

No abstract provided.

Front Matter

Hofstra Property Law Journal

No abstract provided.

Lender Liability For Diversion Of Trust Assets Under New York Lien Law Article 3-A, Robert H. Bowmar

Hofstra Property Law Journal

No abstract provided.

Bankers Beware: Liability Of Lending Institutions Under Superfund, John M. Van Lieshout

Hofstra Property Law Journal

No abstract provided.

Anti-Development Trends In The United States, James P. Stuckey

Hofstra Property Law Journal

No abstract provided.

Groundwater And Open Space Protection: The New Land Bank And Land Acquisition Programs, Steven C. November

Hofstra Property Law Journal

No abstract provided.

Deferred Mortgage Recording: Weighing The Risks And Benefits, Robert J. Fryman

Hofstra Property Law Journal

No abstract provided.