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Articles 5701 - 5730 of 8422

Full-Text Articles in Law

Mcmillan House, Susie Van Kirk Apr 1984

Mcmillan House, Susie Van Kirk

Susie Van Kirk Papers

The architectural integrity of the McMillan House has been negatively impacted by several significant alterations. These include the addition in the northeast corner, the front door, the louvered window in the upstairs of the south wall, and the window shutters. Other alterations have occurred, but they are not particularly intrusive and could remain without impinging upon the building's architecture.

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Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus Apr 1984

Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus

Buffalo Law Review

No abstract provided.

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Federal Coal Leasing And Partisan Politics: Alternatives And The Shadow Of Chadha, C. Peter Goplerud Iii Apr 1984

Federal Coal Leasing And Partisan Politics: Alternatives And The Shadow Of Chadha, C. Peter Goplerud Iii

West Virginia Law Review

No abstract provided.

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Coal Slurry Pipelines--In The Public Interest, C. Howard Hardesty, Edward S. Shipper Jr. Apr 1984

Coal Slurry Pipelines--In The Public Interest, C. Howard Hardesty, Edward S. Shipper Jr.

West Virginia Law Review

No abstract provided.

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Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez Apr 1984

Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez

West Virginia Law Review

Recent case law developments in Ohio and West Virginia have narrowed the application of forfeiture in obtaining the termination of a coal mining lease for breach of express and implied covenants. This Note examines the law of forfeiture generally, and later discusses these recent cases and their ramifications.

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Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks Apr 1984

Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks

Indiana Law Journal

No abstract provided.

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Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone Apr 1984

Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone

University of Arkansas at Little Rock Law Review

No abstract provided.

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Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester Apr 1984

Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester

Washington Law Review

This Comment briefly traces the history of subdivision regulation in Washington as a means of imposing conditions on developers or exacting land dedication or fee payment from developers. It discusses the Hillis Homes decision and analyzes the relationship between the new state statute and other statutory land use regulations. This Comment concludes that, although a municipality's authority to impose development fees has been limited, existing statutory authority still allows a municipality to impose conditions on subdivision development.

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Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman Apr 1984

Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman

Washington Law Review

The basic objectives of Washington real property law and of the Deed of Trust Act can be achieved only through a systematic approach to court actions contesting the nonjudicial foreclosure of deeds of trust. This Comment proposes judicial interpretations and legislative amendments designed to maintain the efficiency of the nonjudicial foreclosure process while enhancing both the fairness of the process and the stability of the land title system.

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Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard Apr 1984

Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard

All Faculty Scholarship

The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township of Mount Laurel may accurately be told in terms of plans having gone awry. The New Jersey Supreme Court invalidated the two attempts by Mount Laurel to regulate land through the implementation of fiscal zoning ordinances. In its most recent decision, Mount Laurel II, the court imposed upon communities a state constitutional obligation to provide adequate housing opportunities for low- and moderate-income families. Mount Laurel II thus defines the constitutional limitations on a municipality's power to regulate land. It also establishes a supporting corollary: …

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Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill Apr 1984

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill

Law Faculty Publications

The focus of this article is on the state's power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management.

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The David Simpson House, Susie Van Kirk Mar 1984

The David Simpson House, Susie Van Kirk

Susie Van Kirk Papers

The David Simpson House is recommended for historic designation as a significant example of settlement-era architecture. Built in 1877, the house is a visible reminder of the community's settlement period and a notable example of the popular front-facing gable house-type.

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The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor Jan 1984

The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

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Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil Jan 1984

Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil

Seattle University Law Review

One of the most outstanding jurists of our time, Justice Benjamin Cardozo, articulated a principle spanning the "seamless web" of the law which, unfortunately, has been obscured by the attempts of courts, casebook writers, and law professors to pigeonhole the principle into familiar categories. Justice Cardozo established the principle that a person who undertakes a task is liable for injury to remote third parties, regardless of lack of privity, which arises from the person's negligent performance of the task. Cardozo also enunciated an exception to this rule which developed into a widely accepted opposing rule. This Article first traces the …

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Voluntary Termination Of Joint Tenancies: Illinois Eliminates The Strawman, 17 J. Marshall L. Rev. 765 (1984), Jeffrey W. Jackson Jan 1984

Voluntary Termination Of Joint Tenancies: Illinois Eliminates The Strawman, 17 J. Marshall L. Rev. 765 (1984), Jeffrey W. Jackson

UIC Law Review

No abstract provided.

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Surface Water And Nuisance Law: A Proposed Synthesis, Donald L. Burnett Jr. Jan 1984

Surface Water And Nuisance Law: A Proposed Synthesis, Donald L. Burnett Jr.

Articles

No abstract provided.

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Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume Jan 1984

Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume

Seattle University Law Review

The principal thesis of this Article is that property and contract questions should not be solved independently and are most usefully approached in a distinct order. Because the installment contract divides the incidents of property ownership usually associated with legal title between the parties to the contract, it should be treated differently than the earnest money contract in which the incidents of ownership are not divided. In addition, it is important to first answer some remedial questions before proceeding to make decisions about the property interest of each party to the contract. To support this thesis, this Article explains in …

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Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus Jan 1984

Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus

Seattle University Law Review

The rule of monument control has developed as a necessary corollary to the Statute of Frauds as applied to land conveyances. Confusion in the application of the two rules can be avoided by examining their underlying equitable policies. A consideration of these policies is necessary for a reasoned approach to judging the admissibility and weight of evidence needed to prove a boundary monument. San Juan County v. Ayer illustrates the confusion which can result when a court attempts to apply these rules in a technical manner divorced from their historical background. Many boundary disputes could properly be resolved by using …

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Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper Jan 1984

Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper

Seattle University Law Review

This Comment will trace the history of the Washington courts' decision to deny foreclosure by judicial sale in land installment contracts with forfeiture clauses and will demonstrate the viability and preferability of foreclosure by judicial sale as an equitable remedy for a defaulting buyer. The Comment will also describe how other states, either legislatively or judicially, have resolved the inequity of forfeitures.

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Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita Jan 1984

Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita

West Virginia Law Review

No abstract provided.

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A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman Jan 1984

A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman

Campbell Law Review

This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.

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The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk Jan 1984

The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk

History Faculty Research Publications

No abstract provided.

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Property, Michael Lee Keller Jan 1984

Property, Michael Lee Keller

West Virginia Law Review

No abstract provided.

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Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn Jan 1984

Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn

Cleveland State Law Review

This Note will trace the evolution of access-to-sunlight issues and the enactment of new laws in the solar-access area, with primary focus on Ohio's treatment of the issues. A brief historical review will be included as well as data relating to the feasibility of using solar energy in Ohio. A critical analysis of the recent Ohio Solar Easement Statute also will be presented. Solar statutes and case law of other states and policies of the federal government and foreign governments will be scrutinized. These findings will be examined in an attempt to forecast whether Ohio should adopt or reject various …

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Zoning New York City To Provide Low And Moderate Income Housing - Can Commercial Developers Be Made To Help?, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi Jan 1984

Zoning New York City To Provide Low And Moderate Income Housing - Can Commercial Developers Be Made To Help?, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi

Fordham Urban Law Journal

Lower income New York City residents are faced with a housing emergency. Concurrently, commercial and luxury residential development is expanding. New York is considering adopting an approach to the housing shortage which has been taken in several other cities. The plan advocates amendment of the City's zoning ordinance to require developers of commercial and luxury residential projects to provide the City with lower income housing units. This Note examines the proposed requirement that commercial developers provide lower income housing units. It addresses the question of the validity of such a requirement in the context of New York City's statutory authority …

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High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power Jan 1984

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Faculty Scholarship

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.

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Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr. Jan 1984

Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr.

Fordham Urban Law Journal

This Note explores the use, mechanics, and financial and tax ramifications of sale-leaseback transactions, focusing on their growing use by tax-exempt entities and the concerns this use has created in Congress. This analysis demonstrates that these transactions do not pose the problems feared by Congress, the Treasury Department (IRS), and the current Administration. Furthermore, it will show that under most circumstances sale-leaseback transactions by tax-exempt entities, although causing a revenue loss, are a useful device for providing certain tax-exempt entities with the financial means to maintain services in the face of rising costs and the withdrawal of federal funding. Finally, …

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Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie Jan 1984

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …

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Solar Energy Development, State Constitutional Interpretation And Mount Laurel Ii: Second-Order Consequences Of Innovative Policymaking By The New Jersey Supreme Court, Robert F. Blomquist Jan 1984

Solar Energy Development, State Constitutional Interpretation And Mount Laurel Ii: Second-Order Consequences Of Innovative Policymaking By The New Jersey Supreme Court, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

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The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk Jan 1984

The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk

Washington and Lee Law Review

No abstract provided.

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