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Articles 1 - 27 of 27
Full-Text Articles in Law
The Preservation Of Penn Central
The Preservation Of Penn Central
William & Mary Environmental Law and Policy Review
No abstract provided.
Land Use And Due Process - An Examination Of Current Federal And State Procedures., Curtis T. Vaughn Iii
Land Use And Due Process - An Examination Of Current Federal And State Procedures., Curtis T. Vaughn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Options Available Under The Alaska Native Claims Settlement Act
Options Available Under The Alaska Native Claims Settlement Act
William & Mary Environmental Law and Policy Review
No abstract provided.
Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad
Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad
Michigan Law Review
In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …
Running Covenants And Public Policy, Olin L. Browder
Running Covenants And Public Policy, Olin L. Browder
Michigan Law Review
When first encountering covenants running with the land, one may react against the very idea. Why should any person be able to enforce a promise not made to him or be bound by a promise he did not make? Modern contract law, particularly the rules about the assignment of contract rights and the rights of third-party beneficiaries, may answer the first question, but does not explain how anyone can be bound by a promise neither expressly nor impliedly made or consented to by him.
On the other hand, persons_ familiar with easements, liens, or mortgages understand that land ownership can …
Special Estate Tax Valuation Of Farmland And The Emergence Of A Landholding Elite Class, Roland L. Hjorth
Special Estate Tax Valuation Of Farmland And The Emergence Of A Landholding Elite Class, Roland L. Hjorth
Washington Law Review
Examines Internal Revenue Code provisions on farmland as an inheritable asset, including those provisions that offer substantial tax savings.
Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein
Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein
St. Mary's Law Journal
Abstract Forthcoming.
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
West Virginia Law Review
The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …
Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall
Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall
Florida State University Law Review
No abstract provided.
The Taxation Of Restricted-Use Property: A Theoretical Framework, Jerry A. Menikoff
The Taxation Of Restricted-Use Property: A Theoretical Framework, Jerry A. Menikoff
Buffalo Law Review
No abstract provided.
Article 5236e - The Vanishing Panacea., Patrick K. Sheehan
Article 5236e - The Vanishing Panacea., Patrick K. Sheehan
St. Mary's Law Journal
Abstract Forthcoming.
Retaliatory Eviction In Texas - An Analysis And A Proposal., Jane E. Bockus
Retaliatory Eviction In Texas - An Analysis And A Proposal., Jane E. Bockus
St. Mary's Law Journal
Abstract Forthcoming.
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
West Virginia Law Review
Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …
Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka
Washington Law Review
This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …
Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley
Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley
Washington Law Review
The first part of this comment examines the test of balancing private loss against public gain to establish the conceptual basis for analyzing its proper uses. The test is shown to require that land use regulations serve the general welfare and that the public benefits alone, without consideration of incidental private benefits, be sufficient to justify the burdens placed on private property. Part II presents the essential characteristics of the due process and taking without compensation limitations as they have been construed by the United States Supreme Court and developed by other courts and commentators. It is shown that the …
Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr.
Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Closing The Closing Gap, James G. Cosby
Closing The Closing Gap, James G. Cosby
University of Richmond Law Review
It has been twenty-six years since Professor (now Dean) Emerson G. Spies of the University of Virginia School of Law first called for much-needed basic reform in the conveyancing of real property. Professor Spies suggestions centered around the need for a Marketable Title Act, tract indexes, and the development and use of standards for title examination.
Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil
Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil
UIC Law Review
No abstract provided.
Subdivided Land Sales Act, Elliott H. Dejarnette
Subdivided Land Sales Act, Elliott H. Dejarnette
University of Richmond Law Review
In response to a committee study on the sale of recreational property, the 1978 Virginia General Assembly passed the Subdivided Land Sales Act. This act is designed to control the typical recreational land developer whose development consists of a hundred or more lots, part of which are sold by land sales installment contracts pursuant to a common promotional plan and where the purchasers are to have the use of and access to common facilities and amenities for which they pay annual assessments. It is estimated that there are over three hundred and fifty such recreational developments already existing in Virginia. …
Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb
Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb
Villanova Law Review
No abstract provided.
Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell
Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell
Cleveland State Law Review
The Ohio Revised Code, in the section referred to as the statute of conveyances, mandates, inter alia, that all leases of any interest in real property shall be signed by the lessor, attested to by two witnesses, and bear a certificate of acknowledgement subscribed to by a proper authority. Exempted from the operation of the statute are leases for a period of less than three years. Thus, all leases in Ohio, even the typical form lease for a residential apartment building, must comport with the formal requirements of the statute of conveyances if they convey a term of three or …
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson
Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson
Kentucky Law Journal
No abstract provided.
That Was No Wife, That Was My Lady: Is Marvin V. Marvin Appropriate For Kentucky?, Michael Braden
That Was No Wife, That Was My Lady: Is Marvin V. Marvin Appropriate For Kentucky?, Michael Braden
Kentucky Law Journal
No abstract provided.
Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman
Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman
Kentucky Law Journal
No abstract provided.
Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman
Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman
Kentucky Law Journal
No abstract provided.