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Solar Rights In The United States, Sara C. Bronin 2015 University of Connecticut

Solar Rights In The United States, Sara C. Bronin

Sara C. Bronin

Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation ...


Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar 2015 Yale Law School

Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar

Indiana Law Journal

Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning ...


Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley 2015 Emory University

Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley

Christian J Bromley

The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on ...


The Customary Practice Of Gerawee In Afghanistan: A Case For Transitioning To Real Equity-Based Finance, Haroun Rahimi 2015 UW Student

The Customary Practice Of Gerawee In Afghanistan: A Case For Transitioning To Real Equity-Based Finance, Haroun Rahimi

Haroun Rahimi

The customary practice of Gerawee, in principle, refers to a specific form of synthetic loan. It is a pledge-lease transaction that enables owners of immovable properties to obtain financing based on the market value of those properties in exchange for either paying regular payments in form of rent or transferring the right to lease those properties to a financer. The practice has been developed to help debtors and creditors avoid the prohibition of interest bearing loans under Shari’ah. Despite the efforts of some Muslim jurists to justify the practice under Shari’ah, it is widely criticized. In particular, Afghan ...


The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor 2015 Touro College Jacob D. Fuchsberg Law Center

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.


I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller 2015 Touro College Jacob D. Fuchsberg Law Center

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller

Touro Law Review

No abstract provided.


The Constitutional Dimensions Of Aboriginal Title, Brian Slattery 2015 Osgoode Hall Law School of York University

The Constitutional Dimensions Of Aboriginal Title, Brian Slattery

Brian Slattery

As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This paper argues that the explanation for this fact is that Aboriginal title is not a concept of private law. It is a concept of public law. It does not deal with the rights of private entities but with the rights and powers of constitutional entities that form part of the Canadian federation. If we look for analogies to Aboriginal title, we find a close parallel in Provincial title – the rights held ...


A Glimpse Into The Realpolitik Of Federal Land Planning, In Comparative Context With The Mysterious Nlupa And The Czma, Zygmunt J.B. Plater 2015 Boston College Law School

A Glimpse Into The Realpolitik Of Federal Land Planning, In Comparative Context With The Mysterious Nlupa And The Czma, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

There is an old adage that “those who fail to plan, plan to fail.” Planning is a fundamentally rational, basal process shared at some level and to some degree by all, establishing and implementing frameworks to guide our human actions toward the accomplishment of various desired and defined objectives. Thoughtfully designed and implemented planning is no less rational and essential for governmental entities than it is for corporations and individuals.

This essay surveys an interesting comparison between two quite different federal approaches to directive land and resource management planning. On one hand, the analysis reviews the federal mandate for layered ...


Algunas Razones Por Las Que Debe Prevalecer La Posición Del Acreedor Embargante. A Propósito De La Decisión Pendiente En El Vii Pleno Casatorio Civil, Jimmy J. Ronquillo Pascual 2015 Universidad Nacional Mayor de San Marcos

Algunas Razones Por Las Que Debe Prevalecer La Posición Del Acreedor Embargante. A Propósito De La Decisión Pendiente En El Vii Pleno Casatorio Civil, Jimmy J. Ronquillo Pascual

Jimmy J. Ronquillo Pascual

No abstract provided.


First Contact: Establishing Jurisdiction Over Activities In Outer Space, Brian Abrams 2015 University of Georgia School of Law

First Contact: Establishing Jurisdiction Over Activities In Outer Space, Brian Abrams

Georgia Journal of International & Comparative Law

No abstract provided.


Of Property And Information, Abraham Bell, Gideon Parchomovsky 2015 University of San Diego

Of Property And Information, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship

The property-information interface is perhaps the most crucial and under-theorized dimension of property law. Information about property can make or break property rights. Information about assets and property rights can dramatically enhance the value of ownership. Conversely, dearth of information can significantly reduce the benefit associated with ownership. It is surprising, therefore, that contemporary property theorists do not engage in sustained analysis of the property-information interface and in particular of registries — the repositories of information about property.

Once, things were different. In the past, discussions of registries used to be a core topic in property classes and a focal point ...


Ni Incoherente Ni Inconstitucional: El (¿Nuevo?) 2014° Cc, Su Falsa Metamorfosis Y Nuestra Fe Pública Registral “Macondiana”, Alan A. Pasco Arauco 2015 Universidad San Marcos

Ni Incoherente Ni Inconstitucional: El (¿Nuevo?) 2014° Cc, Su Falsa Metamorfosis Y Nuestra Fe Pública Registral “Macondiana”, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


California Bldg. Indus. Ass'n. V. City Of San Jose, Roger Bernhardt 2015 Golden Gate University School of Law

California Bldg. Indus. Ass'n. V. City Of San Jose, Roger Bernhardt

Publications

If an inclusionary housing ordinance is regarded as an “exaction”—because it compelled a developer to pay through land dedication or in-lieu fees—then the city must show that (1) there was a reasonable relationship between the deleterious effects of the new housing and the economic burden imposed on the developer —the nexus—and (2) the burden is reasonably proportional to the problems created by the development.


Monterossa V Superior Court, Roger Bernhardt 2015 Golden Gate University School of Law

Monterossa V Superior Court, Roger Bernhardt

Publications

In 2005, petitioners obtained a $359,650 mortgage from PNC Mortgage for the purchase of a home. In 2013, petitioners became unable to make their mortgage payments and contacted PNC for hardship assistance. PNC failed to send a hardship assistance package to petitioners. Despite that failure, PNC later notified petitioners that their request for hardship assistance was denied “because PNC did not receive a completed hardship assistance package” from petitioners and recorded a notice of default. In November 2013, petitioners submitted a loan modification agreement to PNC; in December 2013, PNC confirmed that it had received a complete package. Despite ...


Mira Overseas Consulting Ltd. V Muse Family Enters., Ltd., Roger Bernhardt 2015 Golden Gate University School of Law

Mira Overseas Consulting Ltd. V Muse Family Enters., Ltd., Roger Bernhardt

Publications

The normal rule dictating the priority of rival claims generally depends on which party got its judgment first (rather than, e.g., which made its loan first, or first went unpaid, or was first to file suit), but this decision adds that the date of getting a judgment relates back to an earlier time if a lis pendens had been filed.


Bank Of America V. Caulkett, Roger Bernhardt 2015 Golden Gate University School of Law

Bank Of America V. Caulkett, Roger Bernhardt

Publications

A junior mortgage lien cannot be stripped off in a Chapter 7 bankruptcy just because it is entirely underwater. California law pretty much says the same; see Barbieri v Ramelli (1890) 84 C 154, holding that a secured creditor’s demonstration that the mortgages senior to hers exceed the value of the property is not enough to let her bypass the oneaction rule and sue on her note. On the other hand, if the senior has actually foreclosed his superior lien, then she is a “soldout junior” who can sue directly on her note without foreclosing.


Lessons Not To Learn About Merger, Roger Bernhardt 2015 Golden Gate University School of Law

Lessons Not To Learn About Merger, Roger Bernhardt

Publications

Ram’s Gate Winery, LLC v Roche (2015) 235 CA4th 1071 teaches lessons that both transactional and litigation attorneys should not particularly want to learn. These lessons suggest that the old common law doctrine of merger can be safely ignored, whereas clients could suffer unpleasant consequences if those issues are not securely covered in the contract.


Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...


Summary Of Dep't Of Taxation V. Kawahara., 131 Nev. Adv. Op. 42 (June 25, 2015), Janine Lee 2015 Nevada Law Journal

Summary Of Dep't Of Taxation V. Kawahara., 131 Nev. Adv. Op. 42 (June 25, 2015), Janine Lee

Nevada Supreme Court Summaries

A recorded tax lien has the effect of a judgment lien under NRS 360.473(2) and therefore, cannot have the effect or priority of a mortgage lien. The common law rule of “first in time, first in right” applies to lien priority when a valid deed of trust is attached to a property, thus creating a security interest, prior to the recording of a tax lien; even if not recorded until after the tax lien.


Sustaining Neighborhoods Of Choice: From Land Bank(Ing) To Land Trust(Ing), James J. Kelly Jr. 2015 Notre Dame Law School

Sustaining Neighborhoods Of Choice: From Land Bank(Ing) To Land Trust(Ing), James J. Kelly Jr.

Journal Articles

This essay is based on my closing presentation at the Washburn Law Journal's 2015 symposium entitled “The Future of Housing -- Equity, Stability and Sustainability.” It explores how land banks and land trusts promote social goods, including socioeconomic integration, by connecting with and shielding against, respectively, market forces. Both engage in stewardship of land. Land banks take temporary ownership of vacant, abandoned properties in order to make them available for productive use. Land trusts hold land indefinitely to ensure a social purpose is met. Community land trusts hold land for a purpose that is responsive to the human environment, often ...


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