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Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue 2017 University of Maine School of Law

Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue

Maine Law Review

In 2008, William McGarvey and Mary Klientop filed a declaratory judgment seeking a determination that their neighbor, Jonathan Bird, had no right to cross their intertidal land to reach the ocean to scuba dive. McGarvey and Kleintop own property that borders Passamaquoddy Bay in the Town of Eastport. As owners of oceanfront property in Maine, their title extends through the intertidal zone to low water mark in fee simple. The intertidal land they own also stretches in front of Bird’s property, bordering his property just below the high water mark. This configuration creates a strip that separates Jonathon Bird ...


Maine's Foreclosure Mediation Program: What Should Constitute A Good Faith Effort To Mediate?, Jesse D. Stewart 2017 University of Maine School of Law

Maine's Foreclosure Mediation Program: What Should Constitute A Good Faith Effort To Mediate?, Jesse D. Stewart

Maine Law Review

The collapse of the housing bubble and subsequent financial downturn of 2008 unleashed a flood of foreclosure filings in the Maine courts, threatening the fundamental aspiration of homeownership for many Maine residents. This Comment examines the significant steps Maine has taken to address increased foreclosure filings through the implementation of a foreclosure mediation program and offers concrete suggestions to further improve the program.


God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale 2017 University of Maine School of Law

God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale

Maine Law Review

Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws ...


Leverage: State Enforcement Actions In The Wake Of The Robo-Sign Scandal, Raymond H. Brescia 2017 University of Maine School of Law

Leverage: State Enforcement Actions In The Wake Of The Robo-Sign Scandal, Raymond H. Brescia

Maine Law Review

In the fall of 2010, the revelations that tens of thousands of foreclosure filings across the nation were likely fraudulent—if not outright criminal—sparked a nation-wide investigation by all fifty state attorneys general to assess the extent of the scandal and its potential impacts, but also to consider likely legal and policy responses to such behavior. One of the tools at the state attorneys general’s disposal that might rein in this behavior includes each state’s Unfair and Deceptive Acts and Practices (UDAP) laws. Such laws typically prohibit “unfair” and “deceptive” practices, which are described loosely in these ...


Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello 2017 University of Maine School of Law

Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello

Maine Law Review

Private transfer fee covenants against real property are increasingly under fire from Congress, federal regulators, and state legislatures. This fire has been fueled by strong advocacy from the National Association of Realtors. It will only be a matter of time before private transfer fees will also be challenged in state courts as not meeting the common law requirements for a servitude. As these bodies take aim at the private transfer fee, they literally must not lose sight of the forest for the trees. A private transfer fee that benefits conservation and environmental stewardship is consistent with the traditional use of ...


The Total Takings Myth, Lynn E. Blais 2017 University of Texas at Austin School of Law

The Total Takings Myth, Lynn E. Blais

Fordham Law Review

For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to endure ...


Transactional Real Estate Law: From Contract To Closing, Jacqueline A. Revis, Ronald Brown 2017 Nova Southeastern University - Shepard Broad College of Law

Transactional Real Estate Law: From Contract To Closing, Jacqueline A. Revis, Ronald Brown

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys about how to process a real estate transaction from contract to closing, focusing on the current rules and regulations for financed transactions.

  • How to competently act as a closing agent for a real estate transaction in Florida
  • Review requirements of a title agent
  • Discuss difference between being only a title agent and the additional role representing a particular party (buyer or seller)
  • Understanding the new closing disclosure form and the difference between a buyer closing disclosure and a seller closing disclosure
  • Handling special challenges that arise in the context of real estate ...


Property And Contracts In Church Law, Reverend Jordan Hite 2017 St. John's University School of Law

Property And Contracts In Church Law, Reverend Jordan Hite

The Catholic Lawyer

No abstract provided.


Murr V. Wisconsin, Nathan A. Burke 2017 Alexander Blewett III School of Law at the University of Montana

Murr V. Wisconsin, Nathan A. Burke

Public Land and Resources Law Review

In Murr v. Wisconsin, the Court redefined how to determine private property for a regulatory taking under the Fifth Amendment. Previously, courts have primarily relied on state property principles to determine the relevant unit of property for a regulatory takings claim. However, in this case, the Court adopted a three-factor standard to determine the landowner’s reasonable expectations regarding the treatment of their property. By relying on these factors rather than only on state laws, the Court created a litigation-specific definition of property that could potentially differ from state property boundaries. The three-factor standard may also give the government an ...


Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale 2017 University of Oklahoma College of Law

Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale

Oklahoma Journal of Law and Technology

No abstract provided.


Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau 2017 Texas A&M University School of Law

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a ...


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman 2017 Texas A&M University School of Law

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought ...


Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon 2017 Southern Methodist University

Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon

SMU Law Review

No abstract provided.


Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero

Nevada Supreme Court Summaries

The Court held that NRS 11.190(1)(b)’s statute of limitations does not apply to nonjudicial foreclosures because it is not a judicial action.


Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Court determined that: (1) under NRS 116.3116 (The HOA Lien Statute), an HOA’s assertion and subsequent rescission of a superpriority lien does not preclude the HOA from asserting new, separate superpriority liens based on unpaid assessments accruing after the rescission of the previous superpriority lien; and (2) superpriority liens survive Chapter 7 bankruptcy discharge.


Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri 2017 St. John's University School of Law

Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri

The Catholic Lawyer

No abstract provided.


An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar 2017 Indiana University McKinney School of Law

An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar

Pace Law Review

Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code ...


Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges 2017 Pacific Legal Foundation

Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges

Seattle Journal of Environmental Law

Washington’s cities and counties are increasingly demanding that owners of residential shoreline properties dedicate large, predetermined critical area buffers as a mandatory condition of any new development. Such demands, when imposed without regard to the specifics of the land use proposal, would appear to violate the essential nexus and rough proportionality tests established by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Early decisions from Washington courts faithfully applied these tests, invalidating open space and buffer dedications. But in a ...


Intellectual Property And Competition, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Intellectual Property And Competition, Herbert J. Hovenkamp

Faculty Scholarship

A legal system that relies on private property rights to promote economic development must consider that profits can come from two different sources. First, both competition under constant technology and innovation promote economic growth by granting many of the returns to the successful developer. Competition and innovation both increase output, whether measured by quantity or quality. Second, however, profits can come from practices that reduce output, in some cases by reducing quantity, or in others by reducing innovation.

IP rights and competition policy were traditionally regarded as in conflict. IP rights create monopoly, which was thought to be inimical to ...


Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr. 2017 Nevada Law Journal

Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.


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