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Full-Text Articles in Property Law and Real Estate

The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey Oct 2018

The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey

Seattle University Law Review

In 2014, a nationwide survey by the National Law Center on Homelessness and Poverty found that the number of cities with ordinances that effectively criminalized vehicle habitation increased by 119% between 2011 and 2014. These ordinances take the form of metered street parking zones, permit-only parking zones, time restrictions, restrictions on vehicle operability, restrictions regarding licensing and registration, and even prohibitions directed specifically at vehicle habitation. Violations of these policies typically result in noncriminal citations imposing fees, requiring attendance at hearings, or inflicting other financial burdens, which nevertheless can have devastating impacts on someone with already limited resources. Additionally, the ...


Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen Sep 2018

Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen

Public Land & Resources Law Review

Stemming from a property dispute between a private landowner and the Upper Skagit Indian Tribe, this action evolved into a debate concerning the scope of tribal sovereign immunity and whether Indian tribes should be bound by certain common law doctrines applicable to most other sovereigns. The Washington Supreme Court originally ruled against the Tribe, citing County of Yakima v. Confederated Tribes and Bands of Yakima Nation in holding that sovereign immunity does not apply to in rem actions. The United States Supreme Court granted certiorari to clarify that its ruling in Yakima did not support such a proposition. The case ...


Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey Sep 2018

Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey

Public Land & Resources Law Review

The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.


Wells Fargo, N.A. V. Radecki, 134 Nev. Adv. Op. 74 (Sep. 13, 2018) (En Banc), Yilmaz Turkeri Sep 2018

Wells Fargo, N.A. V. Radecki, 134 Nev. Adv. Op. 74 (Sep. 13, 2018) (En Banc), Yilmaz Turkeri

Nevada Supreme Court Summaries

The Court determined that: (1) Wells Fargo failed to present evidence of unfairness or irregularity that would invalidate the foreclosure sale; (2) pursuant to NRS 112.170(2), a regularly conducted, noncollusive foreclosure sale under NRS Chapter 116 is exempt under the Uniform Fraudulent Transfer Act (UFTA); and (3) inaccuracies in a foreclosure deed are not sufficient to invalidate a foreclosure sale that complied with NRS Chapter 116.


Bank Of America, N.A. V. Sfr Inv.’S Pool 1, Llc, 134 Nev. Adv. Op. 72 (Sept. 13, 2018) (En Banc), Esteban Hernandez Sep 2018

Bank Of America, N.A. V. Sfr Inv.’S Pool 1, Llc, 134 Nev. Adv. Op. 72 (Sept. 13, 2018) (En Banc), Esteban Hernandez

Nevada Supreme Court Summaries

The Court determined that becausethe holder of the first deed of trust provided valid tender of the superpriority portion of anHOA’s lien, the HOA’s foreclosure on the lien was void as to the superpriority portion. Further, anHOA has no right to convey full title to the property because the holder’s first deed of trust remains after foreclosure. Thus,when the holder unconditionally tenders the superiority amount due, the buyer at an HOA lien foreclosure sale takes the property subject to the deed of trust.


Rosenburg Living Trust V. Macdonald Highlands Realty, Llc C/W 70478, 134 Nev. Adv. Op. 69 (Sept. 13, 2018) (En Banc), Scott Cooper Sep 2018

Rosenburg Living Trust V. Macdonald Highlands Realty, Llc C/W 70478, 134 Nev. Adv. Op. 69 (Sept. 13, 2018) (En Banc), Scott Cooper

Nevada Supreme Court Summaries

The Court determined that Nevada law does not recognize implied restrictive covenants based on a common development scheme, and the Court did not adopt the doctrine under these facts. Additionally, the Court held that, unlike common law disclosure requirements, claims arising from the duties of a licensee under NRS Chapter 645 could not be waived. Finally, it held that attorney fees and costs should only be awarded where a claim is without reasonable ground, or to harass the prevailing party.


Deferred Payment Sales: The Installment Sale Provisions Re-Examined, Ellsworth W. Jones Sep 2018

Deferred Payment Sales: The Installment Sale Provisions Re-Examined, Ellsworth W. Jones

Gonzaga Law Review

No abstract provided.


California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V Sep 2018

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.


Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger Sep 2018

Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger

Journal of the National Association of Administrative Law Judiciary

This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication ...


Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin Sep 2018

Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin

Utah Law Faculty Scholarship

This report was prepared by Nancy A. McLaughlin, Robert W. Swenson Professor of Law at the University of Utah S.J. Quinney College of Law, in her role as Reporter for the Uniform Law Commission's Uniform Conservation Easement Act Study Committee. The report provides an overview of the Uniform Conservation Easement Act (UCEA), which was approved by the Commission in 1981, and examines the provisions in individual state conservation easement enabling statutes that differ from the provisions in the UCEA.


Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen Aug 2018

Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Green Buildings: An Overview Of Progress, Charles J. Kibert Aug 2018

Green Buildings: An Overview Of Progress, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams Aug 2018

From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams

Florida State University Journal of Land Use and Environmental Law

This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take ...


Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice Aug 2018

Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice

Florida State University Journal of Land Use and Environmental Law

Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property by Todd S. Davis and Kevin D. Margolis, with a preface by Vice President Al Gore is a guide for assisting individuals with understanding Brownfields. Based on her years of experience as a practitioner in the field, the reviewer believed that this book is an excellent tool for lawyers who wish to become acquainted with the complexities of brownfields redevelopment. The reviewer states that the book does an excellent job at not limiting its analysis to any one point of view. The reviewer noted that the book begins by clearly defining the ...


Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle Aug 2018

Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle

Florida State University Journal of Land Use and Environmental Law

Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this ...


Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker Aug 2018

Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker

Florida State University Journal of Land Use and Environmental Law

This Comment examines the effects of the adult entertainment industry on America's communities and addresses whether current legal protections adequately shield communities from negative secondary effects resulting from the industry. The Comment begins by recounting the history of municipalities' abilities to zone out adult entertainment establishments, describing the growth of the industry, and outlining the growth of their First Amendment protection. Next, the Comment examines the potential secondary effects resulting from adult entertainment establishments, including the spread of AIDS, increased prostitution, rape, crime, and neighborhood deterioration. The author discusses whether zoning is a viable method for decreasing these secondary ...


Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts Aug 2018

Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address ...


Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek Aug 2018

Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich Aug 2018

Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Environmental Cleanup Actions, The Valuation Of Contaminated Properties, And Just Compensation For Affected Property Owners, James P. Downey Aug 2018

Environmental Cleanup Actions, The Valuation Of Contaminated Properties, And Just Compensation For Affected Property Owners, James P. Downey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Circumscribing The Reduction Of Open Space By Scattered Development: Incorporating A German Concept In American Right-To Farm Laws, Terence J. Centner Aug 2018

Circumscribing The Reduction Of Open Space By Scattered Development: Incorporating A German Concept In American Right-To Farm Laws, Terence J. Centner

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker Aug 2018

Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Community Land Trusts: A Promising Alternative For Affordable Housing, Stacey Janeda Pastel Aug 2018

Community Land Trusts: A Promising Alternative For Affordable Housing, Stacey Janeda Pastel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio Aug 2018

Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman Aug 2018

Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Who Owns Cross Creek?, Charles L. Siemon Aug 2018

Who Owns Cross Creek?, Charles L. Siemon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Comment: Questioning The Florida Rule On Rezoning Single Parcels Of Land By Referendum, Charlotte Ford Hubbard Aug 2018

Comment: Questioning The Florida Rule On Rezoning Single Parcels Of Land By Referendum, Charlotte Ford Hubbard

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet Aug 2018

The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Zoning: A Reply To Critics, Bradley C. Karkkainen Aug 2018

Zoning: A Reply To Critics, Bradley C. Karkkainen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


How The "Property Rights" Movement Threatens Property Values In Florida, David J. Russ Aicp Aug 2018

How The "Property Rights" Movement Threatens Property Values In Florida, David J. Russ Aicp

Florida State University Journal of Land Use and Environmental Law

No abstract provided.