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Full-Text Articles in Property Law and Real Estate

Limited Practice Officers And Admission To Practice Rule 12: Taking Or Not?, Robert C. Farrell Jan 2000

Limited Practice Officers And Admission To Practice Rule 12: Taking Or Not?, Robert C. Farrell

Seattle University Law Review

This Comment arrives at the conclusion that Admission to Practice Rule 12.1 (c)(1) does indeed give rise to an unconstitutional taking. Beginning with a definition of an escrow, Part II of this Comment provides an overview of a transaction in escrow and an analysis of the escrow holder's relationship with and duties to his client depositor. Part III discusses the statutory and regulatory constraints imposed on escrow holders under Washington's Escrow Agent Registration Act. Part IV explores the evolution of the limited practice officer in Washington and the advent of Admission to Practice Rule 12. Part V analyzes the takings …


Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan Jan 2000

Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan

Seattle University Law Review

This Article will explore the concept of "due diligence investigation" for valuable art objects and the considerations that properly frame the scope of such an examination. The Article represents that because, as between a dispossessed owner and a good faith purchaser of artworks, equities are balanced in favor of the dispossessed owner, current law has imposed a higher standard of diligence on the purchaser. Thus, the Article will underscore the need for purchasers and collectors to conduct appropriate and comprehensive investigations into title of artworks they acquire or already possess and will demonstrate that a due diligence investigation is the …


The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim Jan 2000

The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim

Seattle University Law Review

This Article is primarily a comprehensive, practitioner-oriented analysis of Washington's vested rights doctrine. In this Article, the authors propose that there are actually three models for vested rights in the nation, the majority and minority rules and the Washington rule. In the 1950s, Washington began following what commentators usually refer to as the minority rule, but the authors of this article assert that over the years our state's vesting doctrine has evolved into a distinct, third model. As this article will show, the Washington rule is not only distinct, it is superior.