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How To Limit The Downstream Costs Of Racially Restrictive Covenants, Randall K. Johnson
How To Limit The Downstream Costs Of Racially Restrictive Covenants, Randall K. Johnson
Faculty Works
This essay, which is part of the University of Kansas Law Review Symposium on the seventy-fifth (75th) anniversary of Shelley v. Kraemer, is the first to explain how a current successor in interest to a racially restrictive covenant may limit more of their own downstream costs through the use of self-help options. By definition, a downstream cost is any expense that arises after the formation, and in the course of performance, of a valid common law contract. Examples of downstream costs include the time, money and energy that property owners may expend in removing racially restrictive covenants.
The essay does …