Law Commons^™

Land Use Planning Over The Last Forty Years: Fighting Sprawl Through Smart Growth Planning, Richard J. Ansson Jr.

Nevada Law Journal

No abstract provided.

Rejection Versus Termination: A Sublessee's Rights In A Lease Rejected In A Bankruptcy Proceeding Under 11 U.S.C. § 365(D)(4), Vivek Sankaran

Michigan Law Review

When a party files for bankruptcy under chapter 11 of the United States Code, the court typically appoints a trustee to handle all of the party's financial obligations. The trustee's responsibilities include investigating the financial condition of the debtor, the operation of the business, the desirability of continuing the business, and any other matter relevant to the disposition of the bankrupt estate. If a bankrupt party holds a commercial lease, the trustee possesses two options for dealing with the lease. One option is to reject the lease, which ends the bankrupt party's obligation to adhere to the provisions of the …

Brief For Respondents, Palazzolo V. Rhode Island Ex. Rel. Tavares, No. 99-2047 (U.S. Jan. 3, 2001), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Palestinian Private Property Rights In Israel And The Occupied Territories, Stacy Howlett

Vanderbilt Journal of Transnational Law

As the birth pangs of an emerging Palestinian state rage on, one question bars settlement, reconciliation, and peace: who is entitled to the land? On a macrocosmic level, this question has and will be answered through diplomatic negotiations, political pressure, and violence. The microcosmic question of the disposition of private property, however, must be taken into consideration before any lasting peace agreement can be reached.

The rights and interests of Palestinian refugees and Israeli settlers with respect to the land they have an interest in must be balanced with national needs for territorial continuity and peace. By tracing the transfer …

Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt

Publications

This article discusses a California case which held an arbitration clause in a reverse mortgage unenforceable because it was procedurally and substantively unconscionable.

Breach Of Agreement To Negotiate: Vestar Dev. V General Dynamics, 2001, Roger Bernhardt

Publications

This article discusses a Ninth Circuit case where the court held that in a suit for breach of agreement to negotiate the sale of real property, a prospective buyer cannot seek lost profits because they are too speculative. The Editor discusses the importance of creating an enforceable contract or buying an option.

Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that community funded improvements to a spouse’s separate property are not presumed to be a gift and that the community is entitled to reimbursement.

Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a court may set aside a nonjudicial foreclosure sale when two buyers combine to restrain competition and to buy the property at an inadequate price.

Easement Of Necessity: Kellogg V Garcia, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a landlocked parcel acquired an easement of necessity over an adjacent parcel, even if historically the common owner of both parcels was the federal government.

Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt

Publications

This article discusses a California case which held that an escrow holder that who the principals’ escrow instructions owes no duty of care to nonparties to the escrow.

Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.

Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt

Publications

This article discusses a California case which held an assault victim had failed to prove that lack of security at an apartment building resulted in entry of assailants and proximately caused her assault.

Owner Move-In Restrictions: Cwynar V San Francisco, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a complaint that an ordinance prohibiting property owners from evicting tenants in order to move into their own property states a cause of action for a regulatory taking.

Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt

Publications

This article discusses a California case dealing with lender postponement and reinstatement issues prior to a foreclosure sale.

Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that on dissolution of marriage a spouse is entitled to reimbursement for payment of 1) a fee required for family home building permit, and 2) construction loan consideration, both paid from separate property.

Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that after a creditor holding senior and junior loans on the same property sells them to independent parties, the one action rule does not bar the sold-out junior’s suit for a deficiency following the senior’s judicial foreclosure.

Takings And The Notice Defense: Palazzolo V Rhode Island, 2001, Roger Bernhardt

Publications

This article discusses a Supreme Court case which held that a takings claim challenging land use regulation restricting development of property is permissible even though a landowner had notice of the regulation when title was acquired.

The Buyer’S Measure Of Damages For A Seller’S Breach: Reese V Wong, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that the buyer’s measure of damages for a seller’s breach of contract is the difference between the contract price and the fair market value at the time of the breach, not at the time of trial.

The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt

Publications

This article discusses a case which the court held that the California Home Equity Sales Contract Act does not apply when the homeowner does not reside in the home sold.

The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that the protection of California’s Real Estate Recovery Fund was limited to members of the public and did not include title insurance companies”

Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller

Paul Diller

No abstract provided.

Department Of Real Estate, Lisa J. Frisello, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.

State Escheat Statutes And Possible Treatment Of Stored Value, Electronic Currency, And Other New Payment Mechanisms, Anita Ramasastry

Articles

Unclaimed property and escheatment is governed primarily by state statutory schemes. State unclaimed property statues require that after a specified period of time, unclaimed and abandoned property escheats to the states. The owner of the property may request return of the property upon proof of his or her ownership. Although several states have adopted the Uniform Unclaimed Property Act as their state escheatment statute,' there are variations in these state statutes. Nonetheless, all state statutes deal with traveler's checks and money orders; most also address gift certificates. Notably absent in all of the state statutes, with the exception of North …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Uneasy Case For Adverse Possession, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Property Rights And Competition On The Internet: In Search Of An Appropriate Analogy, Maureen A. O'Rourke

Faculty Scholarship

Reasoning by analogy is a time-honored method of legal development. However, recent litigation exposes the weakness of applying legal principles developed in the "bricks and mortar" world by analogy to cyberspace. Using recent court decisions that discuss who may access a website and by what means, this Article illustrates how results can change depending on the analogy the court adopts. The Article argues that rather than searching for analogies, courts and legislators could more profitably devote their energies to understanding how the Internet differs from physical space, evaluating whether those differences call for new legal rules, and considering the conflicting …

Preserving Transportation Corridors For The Future: Another Look At Railroad Deeds In Washington State, Gregg H. Hirakawa

Seattle University Law Review

This Comment will analyze the recent approach the Washington court has incorporated in settling trail development disputes across the State. In particular, the Comment will examine the court's use of common law deed interpretation principles in upholding property rights while preserving valuable public transportation corridors. Furthermore, the Comment will show how the Washington court's recent approach in interpreting railroad deeds has made recreational trail construction more appropriately a legislative matter, rather than a legal one. Section I of the Comment will begin with an historical overview of railroads in the United States, background on the public "Rails-to-Trails" movement, and an …

Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez

University of Richmond Law Review

This article surveys judicial and legislative developments in Virginia property law from June 1, 2000, to June 1, 2001.

Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman

Cleveland State Law Review

This Article constructs a conservative legal framework to guide planners in conventional planning activities. It further proposes that planners should apply the model to these conventional activities, but work closely with the municipal attorney before adopting more innovative and controversial planning devices.This Article proceeds in four major sections. Section I commences, with historical reviews: major changes in land use planning within the last 50 years, the land development problems associated with those changes, and judicial responses to these same problems. Comparisons are frequently made between cases from a rustbelt Midwestern state (Ohio) and cases from a faster growing sunbelt state …

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.