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

Property Law and Real Estate Commons

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

2,916 Full-Text Articles 1,860 Authors 923,722 Downloads 94 Institutions

All Articles in Property Law and Real Estate

Faceted Search

2,916 full-text articles. Page 1 of 38.

Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering 2015 Lewis & Clark Law School

Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering

Michael Blumm

For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature ...


A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino 2015 Florida State University College of Law

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...


Protecting Endangered Species Habitat On Private Property: The Public-Private Constitutional Balance Need Not Be A Zero-Sum Game, Marisa P. Kaley 2015 Boston College Law School

Protecting Endangered Species Habitat On Private Property: The Public-Private Constitutional Balance Need Not Be A Zero-Sum Game, Marisa P. Kaley

Boston College Environmental Affairs Law Review

In 2006, the thirty-six acre parcel of land in Hampden, Massachusetts on which William and Marlene Pepin planned to build their retirement home was designated as “priority habitat” for the eastern box turtle, a species of special concern in the Commonwealth. The designation triggered development restrictions intended to prevent harm to the turtle, prompting the Pepins to challenge both the validity of the Massachusetts Endangered Species Act regulations that implement the priority habitat scheme, and the decision by the Department of Fisheries and Wildlife to so delineate their property. The Massachusetts Supreme Judicial Court upheld the priority habitat scheme and ...


Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, Joseph D. Kearney, Thomas W. Merrill 2015 Northwestern University School of Law

Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, Joseph D. Kearney, Thomas W. Merrill

Northwestern University Law Review

No abstract provided.


Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams 2015 University of Florida Levin College of Law

Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams

Florida Law Review

The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular press in the wake of Hurricane Sandy. This Article offers an economic analysis of why the boundary generally ambulates, rather than remaining perpetually fixed as land borders usually are assumed to do. It also considers whether the legal border ...


The Trespass Fallacy In Patent Law , Adam Mossoff 2015 University of Florida Levin College of Law

The Trespass Fallacy In Patent Law , Adam Mossoff

Florida Law Review

The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear as the fences that demarcate real estate—patent infringement is neither as determinate nor as efficient as trespass is for land. This Essay explains that this is a fallacious argument, suffering both empirical and logical failings. Empirically, there are no formal studies of trespass litigation rates; thus, complaints about the patent system’s indeterminacy are based solely ...


Fundamental Rights And Concessions Of Privilege, Adam MacLeod 2015 Faulkner University

Fundamental Rights And Concessions Of Privilege, Adam Macleod

Adam MacLeod

On the even of its final triumph, has the cause of marriage equality fallen short? This essay discusses persistent differences in the incidents that attach to same-sex marriages versus man-woman marriages. It examines these in light of the distinction between fundamental rights and concessions of privilege in marriage law, and in common law constitutionalism generally. It suggests that proponents of marriage equality and courts would do well to give more attention to this distinction, and that lawmakers would do well to consider how additional concessions of privilege can best serve the interests of all.


Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer 2014 Touro Law School

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.


Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner 2014 Nevada Law Journal

Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner

Nevada Supreme Court Summaries

The Court determined whether the definition of “indebtedness,” found in NRS 40.451, in conjunction with NRS 40.459, limits the amount a successor lienholder can recover in a deficiency judgment.


Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington 2014 University of Massachusetts School of Law

Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington

University of Massachusetts Law Review

There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.


The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz 2014 Touro College Jacob D. Fuchsberg Law Center

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Takings Cases In The October 2004 Term, Leon D. Lazer 2014 Touro Law School

Takings Cases In The October 2004 Term, Leon D. Lazer

Touro Law Review

No abstract provided.


Federalism Cases In The October 2004 Term, Erwin Chemerinsky 2014 Touro Law School

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin 2014 Vanderbilt Law School

Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin

Michigan Law Review

The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal transitions. Paradigmatically, a regulatory taking involves a government action that interferes with expectations about the content of property rights. Legal change has therefore always been central to regulatory takings claims. This Article argues that it does not need to be and that governments can violate the Takings Clause by failing to act in the face of a changing world. This argument represents much more than a minor refinement of takings law because recognizing governmental liability for failing to act ...


Homebuyers' Frivolous Claims Against Seller's Listing Agent Warranted Terminating And Monetary Sanctions, Roger Bernhardt 2014 Golden Gate University School of Law

Homebuyers' Frivolous Claims Against Seller's Listing Agent Warranted Terminating And Monetary Sanctions, Roger Bernhardt

Publications

No abstract provided.


Bankruptcy Court Properly Invalidated Transfer Of Mexican Coastal Villa Owned By Debtors, Roger Bernhardt 2014 Golden Gate University School of Law

Bankruptcy Court Properly Invalidated Transfer Of Mexican Coastal Villa Owned By Debtors, Roger Bernhardt

Publications

No abstract provided.


Reinvigorating The Reit's Neutrality And Capital Formation Purposes Through A Modernized Tax Integration Model, Simon Johnson 2014 Pepperdine University

Reinvigorating The Reit's Neutrality And Capital Formation Purposes Through A Modernized Tax Integration Model, Simon Johnson

The Journal of Business, Entrepreneurship & the Law

Efforts at reform have not spared the REIT arrangement, but have focused on objectives unrelated to its model of tax integration, despite its significant flaws. Owing to the interaction of several provisions, the model largely precludes capitalization through retained earnings. This increases the cost of REIT capital and limits its capacity to realize the neutrality and private real estate capital formation objectives Congress pursued in creating the arrangement. Accordingly, it is important to consider how to durably improve the REIT tax integration model. Ultimately, the article concludes that the shareholder allocation model, a complete integration model conceptually similar to the ...


Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr. 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.


Digital Commons powered by bepress