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Articles 1 - 30 of 51
Full-Text Articles in Property Law and Real Estate
Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review
Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review
Michigan Law Review
This Note argues that the purchase of property subject to a lease may produce several types of depreciable interests. Part I of the Note examines the requirements for depreciability and the role that depreciation plays in tax law. It concludes that even where the method set out by Congress also accommodates other goals, depreciation primarily provides a way to recover costs during a depreciable asset's income-producing life. Part II applies these principles to the task of determining whether improvements - for example, buildings on the property subject to the lease - are depreciable in the purchaser's hands. It concludes that …
Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.
Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
The Moore House, Susie Van Kirk
The Moore House, Susie Van Kirk
Susie Van Kirk Papers
The Moore House is recommended for Historic designation for its turn-of-the-century architecture, its visual qualities important to three neighboring houses of historic/architectural significance, and its restoration potential.
The Fleckenstein-Newton House, Susie Van Kirk
The Fleckenstein-Newton House, Susie Van Kirk
Susie Van Kirk Papers
The Fleckenstein-Newton House and Barn are recommended for Historic designation for their historic qualities and potential for restoration. Although the house fails to fit any particular architectural style and has been somewhat altered, it, nonetheless, exhibits some interesting decorative features and, very importantly, has a decided historic quality which complements other houses on the block. The barn, quite handsome and very important to the character of the area, also deserves Historic designation.
The Stewart Foster House, Susie Van Kirk
The Stewart Foster House, Susie Van Kirk
Susie Van Kirk Papers
The Stewart Foster House and Barn are recommended for Historic designation for their handsome architecture, historic integrity, and contribution to the qualities of the entire block which includes a variety of architectural styles and periods.
Applying The Reserved Rights Doctrine In Riparian States, Anita Porte Robb
Applying The Reserved Rights Doctrine In Riparian States, Anita Porte Robb
North Carolina Central Law Review
No abstract provided.
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
West Virginia Law Review
No abstract provided.
Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein
Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein
Washington and Lee Law Review
No abstract provided.
Some Thoughts On The Decline Of Private Property, Joseph L. Sax
Some Thoughts On The Decline Of Private Property, Joseph L. Sax
Washington Law Review
A case could be made for the proposition that property rights have been in a state of more-or-less continuous decline for many decades, and that there is nothing to report on that front but more of the same. I do not agree. I believe that we have moved in recent years from a situation (characterized by conventional urban zoning) in which we generally encourage developmental rights, though recognizing they must from time to time be restrained, to one in which developmental activity has itself become suspect. As a result, we are in the midst of a major transformation in which …
Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law
Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law
Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan
United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan
West Virginia Law Review
In the past decade the search for new and alternative energy sources has brought to the forefront a number of legal problems which have restricted the ability of industry to produce certain resources. Coalbed gas is one potential energy source whose development has been significantly impeded by legal questions. Ironically, the technical problems in coalbed gas exploitation, which in the past appeared insurmountable, have become secondary to the more complicated ownership issue. The uncertainty surrounding the ownership of coalbed gas rights has hampered development of this vital energy source. Surface owners and gas lessees have attempted to lay claim to …
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Faculty Scholarship
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn
Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn
West Virginia Law Review
No abstract provided.
The Unresolved Structure Of Property Rights In The Virginia Shore, Denis J. Brion
The Unresolved Structure Of Property Rights In The Virginia Shore, Denis J. Brion
William & Mary Law Review
No abstract provided.
Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens
Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens
William & Mary Law Review
No abstract provided.
The Proceedings Of The Water Rights Symposium, Lynda L. Butler
The Proceedings Of The Water Rights Symposium, Lynda L. Butler
William & Mary Law Review
No abstract provided.
Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith
Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith
West Virginia Law Review
No abstract provided.
Property, Joseph J. Starsick Jr.
Special Declarant Rights And Obligations Following Mortgage Foreclosure On Condominium Developments, Carol Jane Brown
Special Declarant Rights And Obligations Following Mortgage Foreclosure On Condominium Developments, Carol Jane Brown
William & Mary Law Review
No abstract provided.
Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.
Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey
The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey
William & Mary Law Review
No abstract provided.
Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson
Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson
Faculty Publications
We first describe the several major types of mortgagor transfer restrictions, and the judicial and legislative responses to these restrictions before the Act. Second, we analyze the effect and coverage of the important provisions of the Act and its attendant regulation. The complex exceptions to the application of the Act known as “window periods” are then considered. These window periods were created by Congress in an attempt to soften the impact of the Act on states that previously restricted due-on-sale enforcement, and are based on preexisting state law. We examine the difficult standards for identifying such window periods and suggest …
Colorado "Buyer Brokerage": Does It Still Exist After Velten V. Robertson?, Robert G. Natelson
Colorado "Buyer Brokerage": Does It Still Exist After Velten V. Robertson?, Robert G. Natelson
Faculty Law Review Articles
This article examines the decision in Velten v. Robertson which raises serious questions as to whether a purchaser of real property can employ a real estate broker on a commission basis with full confidence that the broker will be able to avoid conflicts of interest and thus limits effective commissioned real estate brokerage in Colorado to the representation of sellers.
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
University of Richmond Law Review
Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …
Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant
Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant
University of Richmond Law Review
Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …
Title Examination In Virginia, W. Wade Berryhill
Title Examination In Virginia, W. Wade Berryhill
Law Faculty Publications
The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …
Loretto V. Teleprompter Manhattan Catv Corp.: The Propriety Of A Per Se Rule In Takings Claims, 16 J. Marshall L. Rev. 419 (1983), Michael L. Gold
Loretto V. Teleprompter Manhattan Catv Corp.: The Propriety Of A Per Se Rule In Takings Claims, 16 J. Marshall L. Rev. 419 (1983), Michael L. Gold
UIC Law Review
No abstract provided.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad
Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad
Florida State University Law Review
Constitutional Law/Property-RESTRICTIVE COVENANTS: DO THEY APPLY TO PUBLIC BODIES?