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Articles 1 - 3 of 3
Full-Text Articles in Property Law and Real Estate
Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe
Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe
Faculty Scholarship
Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …
Amicus Curiae Brief Of Professors Karen Boxx And Gregory Hicks, May V. County Of Spokane, 199 Wash.2d 389 (2022) (No. 99598-2), Karen Boxx, Greg Hicks
Amicus Curiae Brief Of Professors Karen Boxx And Gregory Hicks, May V. County Of Spokane, 199 Wash.2d 389 (2022) (No. 99598-2), Karen Boxx, Greg Hicks
Court Briefs
This case raises the difficult question of how to deal with the stain of racial restrictive covenants that have long been rendered unenforceable and illegal but remain in the property records. Petitioner is seeking to have such an offending covenant physically removed from the public records relating to his real property under authority of former Washington statute RCW 49.60.227 (2018). Since Petitioner has begun this quest, the legislature amended RCW 49.60.227 to provide a more detailed procedure to address the remnants of racism in property records, but this new procedure does not afford Petitioner the remedy that he sought under …
Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender
Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender
Northwestern Journal of Law & Social Policy
The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important …