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Articles 1 - 30 of 135
Full-Text Articles in Property Law and Real Estate
Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse
Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse
Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)
The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …
Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith
Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith
Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)
Presenter: Ed Smith, General Manager, Palo Verde Irrigation District, Southern California
25 slides
Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols
Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols
Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)
Presenter: Peter Nichols, General Counsel of the Lower Arkansas Valley “Super Ditch” Company, Trout, Raley, Montano, Witwer & Freeman PC, Colorado
33 slides
Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby
Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby
Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)
Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho
25 slides
¿Es Posible La Celebración De Un Contrato De Arrendamiento Entre Copropietarios Sobre Un Bien Indiviso? A Propósito De La “Facultad” De La Corte Suprema De Hacer Realidad Los Imposibles Jurídicos, Alan A. Pasco Arauco
¿Es Posible La Celebración De Un Contrato De Arrendamiento Entre Copropietarios Sobre Un Bien Indiviso? A Propósito De La “Facultad” De La Corte Suprema De Hacer Realidad Los Imposibles Jurídicos, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …
The Evolution Of Property Rights: A Synthetic Overview, James E. Krier
The Evolution Of Property Rights: A Synthetic Overview, James E. Krier
Law & Economics Working Papers Archive: 2003-2009
In this paper I review, extend, and critique two contrasting approaches to the evolution of property rights. The legal literature on the subject is dominated by a conventional approach, which holds a virtual monopoly despite its many shortcomings, and the literature neglects an alternative approach, despite its many virtues (including, but not limited to, the virtue of responding to many of the conventional approach’s deficiencies). The paper provides an overview of both approaches, including a brief intellectual history of each – and should thus inform readers without specialized knowledge of the subject but nevertheless interested in it – and aims …
Personal Residences, Dale P. Burgess
Personal Residences, Dale P. Burgess
William & Mary Annual Tax Conference
No abstract provided.
Like-Kind Exchanges, Robert D. Schachat
Like-Kind Exchanges, Robert D. Schachat
William & Mary Annual Tax Conference
No abstract provided.
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
William & Mary Annual Tax Conference
No abstract provided.
Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian
Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian
Publications
This article discusses a recent California case illustrating some potential ethical dangers for lawyers as to conflicts of interest, secret profits (while helping a client secure a mortgage loan) and elder abuse claims.
Standardization And Pluralism In Property Law, Nestor M. Davidson
Standardization And Pluralism In Property Law, Nestor M. Davidson
Vanderbilt Law Review
At the heart of contemporary property theory stands an intriguing puzzle. Unlike the relatively unconstrained freedom that contract law provides for private ordering, property law recognizes only a limited and standard list of mandatory forms. This standardization-known as the numerus clausus from the civil law concept that the "number is closed"-poses a basic conundrum: what can explain a persistent feature of the law that seems, at first glance, so clearly to restrict the autonomy and efficiency gains conventionally associated with private property?
This puzzle has garnered significant scholarly attention in recent years. Some scholars have argued that standardization, although paternalistic, …
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
BYU Law Review
No abstract provided.
Common Law, Property And Federalism, Andrew Morriss
Common Law, Property And Federalism, Andrew Morriss
Andrew P. Morriss
No abstract provided.
Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout
Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout
Nevada Supreme Court Summaries
Appeal from a district court order denying a petition for a writ of mandamus challenging the respondent’s issuance of a building permit for a water treatment plant.
Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld
Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld
Nevada Supreme Court Summaries
This is an original petition for a writ of certiorari or mandamus challenging the Nevada State Board of Equalization’s review and remand of the Washoe County Board of Equalization’s determination to equalize certain taxable valuations.
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
No abstract provided.
Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme
Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme
Nevada Supreme Court Summaries
Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.
Title Insurance In Oklahoma, Joyce Palomar
Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams
Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams
Nevada Supreme Court Summaries
Developer's (D.R. Horton) petition for a writ of mandamus or writ of prohibition against the Eighth Judicial District Court's denial of the Developer's partial motion for summary judgment.
Perilous Predicting, Roger Bernhardt, Daniel B. Bogart
Perilous Predicting, Roger Bernhardt, Daniel B. Bogart
Publications
This article considers the difficulty of drafting future rental provisions as illustrated in California National Bank v. Woodbridge Plaza, LLC.
Chop It Up Or Sell It Off: An Examination Of The Evolution Of West Virginia's Partition Statute, John Mark Huff
Chop It Up Or Sell It Off: An Examination Of The Evolution Of West Virginia's Partition Statute, John Mark Huff
West Virginia Law Review
No abstract provided.
Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey
Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey
Joy Dey
Sovereigns have been defaulting on their debts over decades now. A sovereign debt default necessitates a restructuring of the debt instrument in order to reduce the size of the debt or lengthen the maturity period. One of the methods of debt restructuring is an ‘exchange offer’ where the old debt instrument, for example the bond, is exchanged for new debt instruments with altered terms and conditions, particularly the payment terms. Whereas some investors may agree to such restructuring and accept the exchange offer, others might have different aspirations for their investments. A successful sovereign debt restructuring takes place when the …
Listings, Leases, And Liabilities, Roger Bernhardt
Listings, Leases, And Liabilities, Roger Bernhardt
Publications
This article discusses the California case Blickman Turkus v. MF Downtown Sunnyvale which could have been a rich source of guidance as to brokers’ commissions, disclosure duties, confidential communications, and agency, but instead focused on pleading issues.
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
Faculty Publications
No abstract provided.
The Like-Kind Exchange Equity Conundrum, Bradley T. Borden
The Like-Kind Exchange Equity Conundrum, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.
Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern
Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern
All Faculty Scholarship
Residential real estate has achieved an exalted status and privileged position in American property law. The notion of the home as a special object deserving heightened protection is widely accepted within the case law and scholarship. Influential scholars, most notably Margaret Radin, have argued that the home is critical for an individual's very identity and ability to flourish in society. Other commentators have expounded a communitarian vision of the home as rooting individuals in communities of close-knit social ties. Over the past century, there has been a proliferation of legislation creating special protections for owners of residential real estate such …