Law Commons^™

Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the Georgia law of real property for the period June 1, 1994, to May 31, 1995. The authors do not endeavor in this Article to comment upon every case or statute that touches on the law relating to real property. Instead, this Article is intended to provide practitioners with a convenient guide which focuses on developments of some significance, either by virtue of clarification of the law in a confused area or by its substantial effect on the practice generally.

1. Land Lines and Boundaries
2. Title to Land
3. Landlord/Tenant and Dispossession
4. Sales …

The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie

Washington International Law Journal

In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by …

A Measured Step To Protect Private Property Rights, David L. Powell, Robert M. Rhodes, Dan R. Stengle

Florida State University Law Review

No abstract provided.

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos Vargas

Florida State University Law Review

No abstract provided.

Department Of Real Estate, J. Corr

California Regulatory Law Reporter

No abstract provided.

Pinpointing The Beginning And Ending Of A Temporary Regulatory Taking, Gregory M. Stein

Washington Law Review

The Supreme Court has held that if a government body regulates land to such an extent that it effectively takes the property, then it must pay just compensation to the landowner. Even if the government elects to rescind the offending regulation, it still must provide compensation to the owner for the duration of the regulatory taking. Unfortunately, the Court has had no occasion to determine when such temporary regulatory takings become effective and when they terminate, and the lower courts only rarely have reached these difficult remedial questions. This Article seeks to pinpoint precisely when a temporary regulatory taking begins …

Department Of Real Estate, E. Schramm

California Regulatory Law Reporter

No abstract provided.

A Comparison Of Arkansas's Current Law Concerning Succession, Wills, And Other Donative Transfers With Article Ii Of The 1990 Uniform Probate Code, Lawrence H. Averill Jr., Ellen B. Brantley

University of Arkansas at Little Rock Law Review

No abstract provided.

Subjacent Support: A Right Afforded To Surface Estates Alone, Robert Louis Shuman

West Virginia Law Review

No abstract provided.

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells

Michigan Law Review

A Review of Reinterpreting Property by Margaret Jane Radin

Majoritarian Theft In The Regulatory State, Or What's A Takings Clause For?, James Audley Mclaughlin

William & Mary Environmental Law and Policy Review

No abstract provided.

The Fair Housing Act, Oxford House, And The Limits Of Local Control Over The Regulation Of Group Homes For Recovering Addicts, Douglas E. Miller

William & Mary Law Review

No abstract provided.

Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Claims In Bankruptcy: It's A Question Of Priorities, Deborah E. Parker

San Diego Law Review

This Comment evaluates the proper treatment of environmental claims in bankruptcy. It analyzes criteria that courts have established for characterizing environmental claims and for determining their priority in bankruptcy. It examines the relationships between the trustee's abandonment power, the priority of environmental claims, and the determination of when a claim arises. The author suggests criteria for characterizing environmental claims and for determining their priority in bankruptcy, thus resolving conflicting case law and resulting in a uniform and consistent application of the Bankruptcy Code, environmental law, and Supreme Court precedent.

Sometimes An Impact Fee Is Not Just An Impact Fee: The Possible Inequitable Application Of Hawaii's Impact Fee Statute To Foreign Investors, Jose F. Vera

Washington International Law Journal

Historically, Hawaii has assessed foreign developers high impact fees either as a means to raise capital for affordable housing or as a means to regulate foreign investment. In 1992, Hawaii enacted House Bill 3787, an impact fee statute, to promote uniformity in Hawaii's assessments of impact fees. Although Hawaii's statute provides uniformity for most developers, it still permits local governments to assess foreign developers disproportionately higher impact fees. This Comment examines how a foreign developer might challenge either Hawaii's impact fee statute or an individual impact fee assessment as violating his or her constitutional rights under the Fourteenth Amendment's Equal …

Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy

University of Richmond Law Review

On April 26, 1607, about one hundred English men landed on the Atlantic shore of North America near Jamestown, Virginia. There they established the foundation for what would become the first permanent English colony in America. These men, and the men and women who followed in the next decade, left as their legacy a society that combined a rudimentary form of popular government with a system of private property. But these settlers established that society only after conducting seventeen turbulent years of social experiments. Had those experiments conducted in that Virginia swamp turned out differently, we might now live under …

Introduction To Mortgage Lending Discrimination Law, 28 J. Marshall L. Rev. 317 (1995), Robert G. Schwemm

UIC Law Review

No abstract provided.

An Overview Of Fair Lending Legislation, 28 J. Marshall L. Rev. 333 (1995), Deanna Caldwell

UIC Law Review

No abstract provided.

Is It A Crime To Live In Public Housing - A Proposal To The Illinois General Assembly To Amend The Automatic Transfer Statute, 27 J. Marshall L. Rev. 855 (1994), Martin J. O'Hara

UIC Law Review

No abstract provided.

Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne

UIC Law Review

No abstract provided.

An Overview Of China's Real Estate Law, 28 J. Marshall L. Rev. 593 (1995), Yao Liang Huang, Xie Zhao Hua

UIC Law Review

No abstract provided.

Fair Lending Conference: Home Mortgage Disclosure Act Report, 28 J. Marshall L. Rev. 343 (1995), Allen Fishbein

UIC Law Review

No abstract provided.

If Judgment Creditors Cannot Set Asunder A Debtor Spouse's Interest In The Marital Home, What Can They Do, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner

University of Richmond Law Review

In recent years, architects and other design professionals have become the targets of claims arising from problems encountered in construction projects. In addition to incurring the costs of defending such claims, these design professionals (or their insurers) have often found themselves absorbing the liability for many "errors and omissions" that are difficult to defend when individually excerpted from a substantial project. This treatment of claims for defective design reflects a distortion of the architect's professional standard of care that is justified neither by the contractual liability assumed by the architect nor by the economic balance among the parties involved in …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner

University of Richmond Law Review

This article reviews selected judicial decisions and legislation affecting real property law in Virginia during the past year. Part I discusses some of the more significant cases decided by the Supreme Court of Virginia. Part II discusses some of this year's most significant legislation enacted by the Virginia General Assembly.

Takings Clause

Touro Law Review

No abstract provided.

Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein

Vanderbilt Law Review

The Supreme Court held in 1987 that compensation is required automatically whenever a municipality takes property by regulation. The Court has also held repeatedly that federal courts cannot even hear such claims until the landowner meets a demanding ripeness test. Landowners are often unable to survive the protracted ripening period even though their claims might ultimately have proved to be valid. And the occasional municipality that loses a takings case may be liable for a huge award that reflects the lengthy ripening period. Federal courts have persistently refused to acknowledge this tension between takings law and takings procedure.

This Article …

Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner

UIC Law Review

No abstract provided.

Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene

UIC Law Review

No abstract provided.