Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons

Open Access. Powered by Scholars. Published by Universities.®

4759 Full-Text Articles 2982 Authors 1420743 Downloads 110 Institutions

All Articles in Property Law and Real Estate

Faceted Search

4759 full-text articles. Page 1 of 86.

Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce 2016 New York Law School

Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce

Rooftops Project

What makes an effective message when asking for donations to a capital project using video and streaming media? Professor James Hagy and Rooftops Team member Colin Pearce asked Emmy Award-winning producer and director Tom Kaufman after screening his remarkable two-minute video for the Playtime Project, the goal of which was to fund construction of a children’s playground for a large homeless shelter in a converted, former general hospital in the District of Columbia.


Emulsified Property, Jessica A. Shoemaker 2016 Pepperdine University

Emulsified Property, Jessica A. Shoemaker

Pepperdine Law Review

The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that ...


Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano 2016 Elisabeth Haub School of Law at Pace University

Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano

Pace Environmental Law Review

In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and ...


A Lender's Vorpal Sword: Expungement Affidavits & Their Power To Void Sheriff's Sales & Revert Mortgages Back To The Homeowner, Joshua LaBar 2016 Michigan State University College of Law

A Lender's Vorpal Sword: Expungement Affidavits & Their Power To Void Sheriff's Sales & Revert Mortgages Back To The Homeowner, Joshua Labar

Cornell Real Estate Review

Like many Americans across the country, Michigan residents have faced a staggering number of foreclosures in the last few years.2 In 2009, Laura Buttazzoni was one of the many Michigan homeowners facing the dire reality that she was going to lose her home.3 After Buttazzoni’s failed attempt to sell her home, her bank initiated a sheriff’s sale in late 2009.4 After the statutory redemption period expired,5 Fannie Mae evicted Buttazzoni and relisted the home in 2011.6 Even though Buttazzoni’s home was foreclosed, sold at a sale, and relisted on the market—she ...


License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov 2016 University of St. Thomas, Minnesota

License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin 2016 Vanderbilt Law School

Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin

Boston College Environmental Affairs Law Review

Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion broadly, applying it to all land-use litigation. Other courts have interpreted the exclusion narrowly. Both interpretations are problematic. The former is at odds with policy language and the normal rule that insurance policies are to be construed against the insurer. The latter creates an opportunity for plaintiffs to craft their pleadings explicitly to trigger or to avoid triggering the municipality’s insurance coverage. Plaintiffs seeking a quick settlement are well advised to plead around the exclusion so as to settle ...


A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow 2016 Boston College Law School

A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow

Boston College Environmental Affairs Law Review

Extraction of natural gas through hydraulic fracturing poses a significant risk of harm to human health and the environment. West Virginia, like many states that lie above vast oil and gas resources, grants expansive implied property rights to owners of subsurface mineral estates. In Whiteman v. Chesapeake, L.L.C., the United States Court of Appeals for the Fourth Circuit held that a hydraulic fracturing company’s construction and use of drilling waste pits on the surface of another’s property did not constitute a trespass under West Virginia common law because it was reasonably necessary for the recovery of ...


The Intersection Of The Takings Clause And Rising Sea Levels: Justice O’Connor’S Concurrence In Palazzolo Could Prevent Climate Change Chaos, Devon Applegate 2016 Boston College Law School

The Intersection Of The Takings Clause And Rising Sea Levels: Justice O’Connor’S Concurrence In Palazzolo Could Prevent Climate Change Chaos, Devon Applegate

Boston College Environmental Affairs Law Review

Takings Clause jurisprudence is in a state of disarray. The Supreme Court of the United States has not eased the difficult task of determining what constitutes an unconstitutional regulatory taking. Although the Supreme Court provided some guidance by articulating a three-prong test for determining what constitutes such a taking, it failed to define each prong. In a concurring opinion in Palazzolo v. Rhode Island, Justice Sandra Day O’Connor defined the character of the governmental act prong by emphasizing the importance of the purposes served by a governmental act. Justice O’Connor’s approach is well suited to handle future ...


Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack 2016 Boston College Law School

Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack

Boston College Environmental Affairs Law Review

The Atlantic coastline of the United States is experiencing sea level rise at a rate higher than the global average. Antiquated property laws and land use tools are unable to adequately assist state and local governments in managing coastal regions, in light of this threat. Rolling easements—prohibiting hard shoreline armoring and requiring the movement or abandonment of property once it becomes inundated by the sea—would allow for the natural inland migration of invaluable coastal resources such as beaches and wetlands. Further, enacting rolling easement polices would be a proactive step towards providing ocean-front property owners with notice of ...


Water, Water, Everywhere, And Plenty Of Drops To Regulate: Why The Newly Published Wotus Rule Does Not Violate The Commerce Clause, Samuel Worth 2016 Boston College Law School

Water, Water, Everywhere, And Plenty Of Drops To Regulate: Why The Newly Published Wotus Rule Does Not Violate The Commerce Clause, Samuel Worth

Boston College Environmental Affairs Law Review

On June 29, 2015, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers jointly published a final rule, “Definition of ‘Waters of the United States’ Under the Clean Water Act,” to clearly delineate how the Clean Water Act protects streams and wetlands. The new Waters of the United States rule (“WOTUS Rule” or the “Rule”) abrogated the previous definition of waters of the United States under Clean Water Act jurisdiction. To the great displeasure of many private landowners, the Rule entered into effect on August 28, 2015. In particular, several critics have argued that the ...


Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana 2016 Northwestern Pritzker School of Law

Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana

Boston College Environmental Affairs Law Review

This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and counterproductive one idea that has been suggested by commentators and arguably endorsed in a few noteworthy recent cases—that is, that municipalities and other governments be held liable under the Takings Clause for their failing to take adaptive measures that protect private property. Instead, the Article argues that municipalities should be given an incentive to adapt ...


Foiled By The Banks? How A Lender's Decision May Support Or Undermine A Jurisdiction's Environmental Policies That Promote Green Buildings, Darren A. Prum 2016 Florida State University

Foiled By The Banks? How A Lender's Decision May Support Or Undermine A Jurisdiction's Environmental Policies That Promote Green Buildings, Darren A. Prum

Michigan Journal of Environmental & Administrative Law

A United Nations Environmental Programme report addressing climate change states that the built environment in both emerging and developed countries accounts for more than forty percent of global energy usage and at least one third of the world’s greenhouse gas emissions. The report further asserts that the built environment offers an unsurpassed opportunity to supply cost effective, lasting, and meaningful reductions in greenhouse gas emissions. In response to this call to action, state and local governments in the U.S. have turned to a variety of policies to ensure that real estate developments within their jurisdictions further green building ...


Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson 2016 Nevada Law Journal

Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus challenging a district court order denying a motion for summary judgment and a motion to dismiss. Petitioner Darrin D. Badger (“Petitioner”) sought summary judgment in a breach of guaranty action against him and dismissal of a complaint of a deficiency judgment against him in connection with a foreclosure. After the court denied Petitioner’s motions, he filed the instant petition. The Court granted the petition, holding that a party may not use the relation back provision of NRCP 15(c) to circumvent the requirement in NRS 40.455(1) that ...


The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein 2016 Senior Attorney at Van Ness Law Firm, PLC, Miami, FL

The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein

University of New Hampshire Law Review

[Excerpt] “This article will discuss the operation of two portions of the Uniform Commercial Code (“U.C.C.”) on mortgage foreclosure law. Article 3 of the U.C.C. governs negotiable instruments, whereas Article 9 governs secured transactions. For decades, courts have utilized Article 3 to determine the rights of lenders and their assigns to enforce mortgage promissory notes and to foreclose mortgages thereon. However, certain jurisdictions do not utilize the U.C.C. in foreclosure cases, whereas other jurisdictions have recently begun to look to Article 9 instead. This article argues that the Uniform Commercial Code should receive more ...


Realtor Liability For Innocent Misrepresentation And Undiscovered Defects: Balancing The Equities Between Broker And Buyer, Linda S. Whitton 2016 Valparaiso University

Realtor Liability For Innocent Misrepresentation And Undiscovered Defects: Balancing The Equities Between Broker And Buyer, Linda S. Whitton

Linda S. Whitton

No abstract provided.


Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet 2016 Southern University Law Center

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

University of Cincinnati Law Review

No abstract provided.


Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Virtual Property, Joshua A.T. Fairfield 2016 Washington & Lee University School of Law

Virtual Property, Joshua A.T. Fairfield

Joshua A.T. Fairfield

This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - which is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act to limit ...


Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter 2016 Seattle University School of Law

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community ...


Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill 2016 Griffith Law School

Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill

Class, Race and Corporate Power

This article engages with Marx in Miami and the strategies and pedagogical experiences of teaching Marx and Marxism. It relates the experience of teaching Marxism in a compulsory law course at the Gold Coast, Australia. Marx rarely makes an appearance in law schools and this poses particular challenges when it is taught to politically conservative students. Therefore the article supplies a case for teaching Marx arguing why it is not just appropriate for lawyers but irresponsible to exclude it.


Digital Commons powered by bepress