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Property Law and Real Estate

1982

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Articles 1 - 30 of 83

Full-Text Articles in Law

Real Estate Tax Shelters - Historical Structures, Rehabilitated Structures, Low-Income Rental Housing, Condominium Or Cooperative Housing Conversion Tax Problems And Acrs Issues, Thomas R. Frantz Dec 1982

Real Estate Tax Shelters - Historical Structures, Rehabilitated Structures, Low-Income Rental Housing, Condominium Or Cooperative Housing Conversion Tax Problems And Acrs Issues, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.


The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander Dec 1982

The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander

Cornell Law Faculty Publications

In recent academic writing on the general problem of constitutional protection of property under the takings clause and due process clauses, a mode of analysis has emerged that is evidently different from the conventional analysis of constitutional property claims. In general terms, this new mode is characterized by an effort to analyze claims on an openly teleological and systematic basis. To be sure, this mode is not exclusively of recent origin. But it is a discernible trend in the body of scholarship that discusses constitutional protection of property in the context of previously unfamiliar sorts of private economic interests.

Most …


The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder Nov 1982

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …


Testing The Constitutional Validity Of Land Use Regulations: Substantive Due Process As A Superior Alternative To Takings Analysis, Ross A. Macfarlane Nov 1982

Testing The Constitutional Validity Of Land Use Regulations: Substantive Due Process As A Superior Alternative To Takings Analysis, Ross A. Macfarlane

Washington Law Review

Two clauses of the United States Constitution figure most prominently in the debate over the constitutional limits on the governmental power to regulate land. They are the just compensation clause of the fifth amendment and the due process clause of the fifth and fourteenth amendments. Neither the courts nor the commentators agree, however, on which provision to apply. Courts frequently confuse and blend the distinct concepts of: (1) taking property without payment of just compensation, and (2) depriving a person of property without due process of law. This confusion has resulted in disparate results as well as in conflicting analysis. …


Joint Tenancies And Creative Financing—The Land Contract, Robert Kratovil Oct 1982

Joint Tenancies And Creative Financing—The Land Contract, Robert Kratovil

University of Arkansas at Little Rock Law Review

No abstract provided.


Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg Oct 1982

Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg

University of Michigan Journal of Law Reform

Of the institutions authorized to make mortgage funds available, only federally-chartered and a small minority of state-chartered savings and loan associations are presently authorized to make PLAM loans. This is due, in part, to a variety of legal and underwriting problems that may outweigh the theoretical advantages of PLAM financing. This Note evaluates these legal and underwriting problems and proposes legal measures to accommodate PLAM financing. Part I discusses the development and advantages of the PLAM. Part II analyzes the legal and practical underwriting objections to PLAM financing, including interest regulations, tax ramifications, and commercial desirability. Part II also suggests …


Property Law—Mortgages—Validity Of Due-On-Sale Clauses In Instruments Of Federally Chartered Savings And Loans Upheld, David G. Paul Oct 1982

Property Law—Mortgages—Validity Of Due-On-Sale Clauses In Instruments Of Federally Chartered Savings And Loans Upheld, David G. Paul

University of Arkansas at Little Rock Law Review

No abstract provided.


Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell Aug 1982

Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell

Faculty Works

No abstract provided.


Takings Law—Is Inverse Condemnation An Appropriate Remedy For Due Process Violations?—San Diego Gas & Electric Co. V. City Of San Diego, 450 U.S. 621 (1981), Kim C. Pflueger Jul 1982

Takings Law—Is Inverse Condemnation An Appropriate Remedy For Due Process Violations?—San Diego Gas & Electric Co. V. City Of San Diego, 450 U.S. 621 (1981), Kim C. Pflueger

Washington Law Review

This Note first examines the Supreme Court cases that involve fifth amendment taking and fourteenth amendment due process challenges to land use regulations. Next, this Note discusses the meaning of Justice Brennan's proposals and their potential effect on land use planning and zoning. This Note suggests that overly restrictive zoning ordinances should not be viewed as a taking requiring just compensation. Instead these ordinances should be viewed as invalid exercises of the municipality's police power because of their failure to provide substantive due process to the landowner. The landowner's remedy should therefore be the invalidation of the ordinance, not just …


Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love Jul 1982

Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love

Scholarly Works

Because the current remedial scheme represents a blend of property and contract Law, an adequate assessment requires delving into the property framework that existed before its revamping by contract. In part II, therefore, the focus will be on the remedial options traditionally associated with property law.... Part III will examine the significant contract doctrines in this area of the law -- breach by anticipatory repudiation and the avoidable consequences rule. An important concern is whether the contract and property rules have been or can be melded together in an overall remedial scheme that is conceptually understandable and practically consistent in …


Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton Jun 1982

Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

42 pages.

Contains 6 pages of endnotes.


The Sale, Lease Or Exchange Of Indian Water Rights For Energy Development, Thomas W. Fredericks Jun 1982

The Sale, Lease Or Exchange Of Indian Water Rights For Energy Development, Thomas W. Fredericks

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

34 pages.

Contains references.


Weather Resources Management And Interbasin Transfer Law [Outline], Ray Jay Davis Jun 1982

Weather Resources Management And Interbasin Transfer Law [Outline], Ray Jay Davis

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

21 pages (includes illustrations).


A Case Study Of The Windy Gap Project [Outline], John M. Sayre Jun 1982

A Case Study Of The Windy Gap Project [Outline], John M. Sayre

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

7 pages.


The California State Water Project, Jerry Meral Jun 1982

The California State Water Project, Jerry Meral

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

27 pages.


The Central Arizona Project, Jon Kyl Jun 1982

The Central Arizona Project, Jon Kyl

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

38 pages (includes illustrations).

Contains footnotes.

Contains 9 attachments.


New York City’S Battles For Imported Water, J. Kevin Healy Jun 1982

New York City’S Battles For Imported Water, J. Kevin Healy

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

16 pages (includes illustrations and maps).


A Case Study: The Yellowstone River, Donald Mcintyre Jun 1982

A Case Study: The Yellowstone River, Donald Mcintyre

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

106 pages (includes maps).

Contains 15 appendices.


The Metropolitan Water District Of Southern California [Outline], Carl Boronkay Jun 1982

The Metropolitan Water District Of Southern California [Outline], Carl Boronkay

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

4 pages.


El Paso/New Mexico Controversy [Outline], John P. Frank Jun 1982

El Paso/New Mexico Controversy [Outline], John P. Frank

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

3 pages.


Constitutional Restraints On Protecting State Interests In Water Rights, Charles E. Corker Jun 1982

Constitutional Restraints On Protecting State Interests In Water Rights, Charles E. Corker

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

33 pages.

Contains references.


The Sporhase Case, Dennis Montgomery Jun 1982

The Sporhase Case, Dennis Montgomery

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

35 pages.

Contains references.

Contains 5 appendices.


Extent And Limits Of Federal Power [Outline], George A. Gould Jun 1982

Extent And Limits Of Federal Power [Outline], George A. Gould

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

3 pages.


Federal Reserved Rights Claims For Uses On Out-Of-Basin Lands [Outline], Richard B. Collins Jun 1982

Federal Reserved Rights Claims For Uses On Out-Of-Basin Lands [Outline], Richard B. Collins

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

3 pages.


Interstate Water Compacts, John A. Carver Jun 1982

Interstate Water Compacts, John A. Carver

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

33 pages.

Contains references.


Water Development For Coal Pipelines: The Etsi Story, Wesley M. Witten Jun 1982

Water Development For Coal Pipelines: The Etsi Story, Wesley M. Witten

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

8 pages (includes 1 map).


South Dakota And The Etsi Experience, William J. Janklow Jun 1982

South Dakota And The Etsi Experience, William J. Janklow

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

23 pages.


A Downstream Perspective On South Dakota’S Purported Sale Of Water To Etsi, Norman W. Thorson Jun 1982

A Downstream Perspective On South Dakota’S Purported Sale Of Water To Etsi, Norman W. Thorson

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

29 pages (includes 2 maps).

Contains 13 attachments.


Shifting Water From Agriculture To Municipal And Industrial Use [Outline], William Raley Jun 1982

Shifting Water From Agriculture To Municipal And Industrial Use [Outline], William Raley

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

5 pages.

Contains references.


A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson Jun 1982

A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

19 pages.

Contains references.