Property Law and Real Estate Commons^™

New York's Property Condition Disclosure Act: Extensive Loopholes Leave Buyers And Sellers Of Residential Real Property Governed By The Common Law, Philip Lucrezia

St. John's Law Review

No abstract provided.

This Business Of "Procuring Cause" In Virginia, Robert Luther Iii

William & Mary Business Law Review

This Article aims to provide a basic overview of Virginia law resulting from suits for sales commissions, with a special emphasis on “procuring cause” case law. By thinking ahead to the kinds of issues that have resulted in the recovery or failure of sales commissions by agents in past sales commission cases, real estate litigators will be in a better position to advise their clients. To that end, this Article further seeks to serve as a brief, yet stout, reference resource for real estate litigators and members of the Virginia bench confronted with facts directed towards this often nuanced area …

Housing 101, Tim Iglesias

Tim Iglesias

This presentation is a primer on how housing (particularly affordable housing) is developed and the challenges it faces.

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

Which The Deader Hand? A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, Scott A. Shepard

Scott A. Shepard

Encouraged primarily by a fluke in federal estate and gift tax law, more than half of the states have either effectively or entirely abolished their rules against perpetuities in the past two decades. The American Law Institute, deeply troubled by this development, has adopted for its Third Restatement a proposed rule against perpetuities that would essentially prohibit conditional gifts to continue for the benefit of parties born more than two generations after the transferor.

The ALI’s efforts are misguided. The rule against perpetuities was the product of a legal, political and social age very different than our own. It was …

Sobre La Posesión Precaria, El Desalojo Y Los Intolerantes. Analizando Al Analizador, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.

19 slides

Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations

10 slides

Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level

8 slides

Living With Tied Priority, Roger Bernhardt

Publications

This article analyzes a recent California appellate decision holding that two lenders had equal priority because their mortgages were deemed received by the county recorder’s office at the same time when the overnight mail was opened.

Religion-Free Environments In Common Interest Communities, Angela C. Carmella

Pepperdine Law Review

No abstract provided.

Failed Exactions, Mark Fenster

UF Law Faculty Publications

This symposium essay considers the doctrinal quandary created by 'failed exactions' - regulatory conditions on property development that government agencies contemplate but that are never finalized or enforced, usually because the property owner rejects them. A narrow but conceptually challenging issue to the relationship between the unconstitutional conditions doctrine and regulatory takings law, failed exactions could prove profoundly unsettling to current land use practices. A decade ago, the issue of whether failed exactions deserve heightened scrutiny prompted Justice Scalia to issue a dissent from a denial of petition for certiorari in which he stated, somewhat tentatively, that an extortionate demand …

Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss

Faculty Scholarship

No abstract provided.

Mezzanine Finance And Preferred Equity Investment In Commercial Real Estate: Security, Collateral & Control, Jon S. Robins, David E. Wallace, Mark Franke

Michigan Business & Entrepreneurial Law Review

This article will review both the genesis and the rise in popularity of preferred equity and mezzanine debt, examine their legal and structural differences, and provide some exposition as to how these financing techniques work from security, collateral and control standpoints. We do not undertake in this article to address the differences in tax and accounting treatment between mezzanine loans and preferred equity investments both for either the mezzanine lender or preferred equity investor on the one hand, or for the mezzanine borrower or the common equity investor, on the other hand. In deciding upon which structure to use, transaction …

Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent, Robert H. Abrams, Noah D. Hall, Zygmunt J B Plater

Amicus Briefs

Arkansas Game & Fish Commission v. United States of America, on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit.: Brief of Professor Robert H. Abrams and Professors of law teaching in the property law and water rights fields as Amici Curiae in support of Respondent

Building- Related Renewable Energy And The Case Of 360 State Street, Sara Bronin

Faculty Articles and Papers

This Article argues that a well-conceived policy approach to building-related renewable energy (“BRRE”) — that is, renewable energy incorporated into inhabited structures and used by those structures’ occupants — could transform the way we produce and consume energy by maximizing efficiency while simultaneously minimizing energy sprawl. The vast majority of Americans favor renewable energy, at least in concept. Yet private property owners still face significant obstacles in trying to incorporate renewable energy into their projects. This Article analyzes barriers faced by the project team for 360 State Street, an award-winning, mixed-use LEED® Platinum building in downtown New Haven, Connecticut. Among …

Newport Harborwalk Public Access Issues, Nicholas Paine

Sea Grant Law Fellow Publications

No abstract provided.

The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox

Sea Grant Law Fellow Publications

No abstract provided.