Law Commons^™

Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.

United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan

West Virginia Law Review

In the past decade the search for new and alternative energy sources has brought to the forefront a number of legal problems which have restricted the ability of industry to produce certain resources. Coalbed gas is one potential energy source whose development has been significantly impeded by legal questions. Ironically, the technical problems in coalbed gas exploitation, which in the past appeared insurmountable, have become secondary to the more complicated ownership issue. The uncertainty surrounding the ownership of coalbed gas rights has hampered development of this vital energy source. Surface owners and gas lessees have attempted to lay claim to …

Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith

West Virginia Law Review

No abstract provided.

Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens

William & Mary Law Review

No abstract provided.

The Unresolved Structure Of Property Rights In The Virginia Shore, Denis J. Brion

William & Mary Law Review

No abstract provided.

The Proceedings Of The Water Rights Symposium, Lynda L. Butler

William & Mary Law Review

No abstract provided.

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.

Property, Joseph J. Starsick Jr.

West Virginia Law Review

No abstract provided.

Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey

William & Mary Law Review

No abstract provided.

Special Declarant Rights And Obligations Following Mortgage Foreclosure On Condominium Developments, Carol Jane Brown

William & Mary Law Review

No abstract provided.

Lawyering In First-Year Property, Joseph P. Tomain

Journal of Legal Education

No abstract provided.

Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad

Florida State University Law Review

Constitutional Law/Property-RESTRICTIVE COVENANTS: DO THEY APPLY TO PUBLIC BODIES?

Lawyering In First-Year Property, Joseph P. Tomain

Faculty Articles and Other Publications

This essay discusses the use of a role-playing exercise in a large (70-100 students), first-year Property II course. The central focus of the course is land use. The author uses a Board of Adjustment hypothetical, with students in the roles of lawyer, client, expert, and member of the Board of Adjustment. I first used the problem to encourage fact analysis. Even second-semester first-year students too easily ignore facts and focus on the "rules of law" seemingly to the exclusion of all else. After using this method, however, it became apparent that many more learning opportunities present themselves. In addition to …

Fiduciary Duties Related To Pension Fund Investment In Real Estate, Peter M. Kelly

Loyola University Chicago Law Journal

No abstract provided.

The Restatement (Second) Of Contracts And The Ucc: A Real Property Law Perspective, 16 J. Marshall L. Rev. 287 (1983), Robert Kratovil

UIC Law Review

No abstract provided.

A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales

Northwestern Journal of International Law & Business

This Article will attempt to show that, despite much scholarly disparagement of the traditional "prompt, adequate and effective" standard of compensation for expropriation, when put to the test of deciding actual cases through arbitration, international law produces results not dissimilar from what might be expected under the standard. The Article compares the law of damages in international arbitration with United States domestic law and points out their similarities.

Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission

Maine Collection

Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission

Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.

Originally Adopted in 1976; Revised in 1983.

Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices

Bankruptcy - Section 522(B)(2)(B) - Debtor May Not Exempt Pennsylvania Entireties Property Subject To An Existing Judgment Against Both Debtor And Spouse On A Joint Debt, Jennifer G. Leps

Villanova Law Review (1956 - )

No abstract provided.

The History Of A Maryland Title: A Conveyancer's Romance Renewed Uriel H. Crocker, David H. Fishman

Maryland Law Review

No abstract provided.

The Pennsylvania Supreme Court And The Exclusionary Zoning Dilemma, Deborah S. Melamut

Villanova Law Review (1956 - )

No abstract provided.

Warranties Of Title - A Modest Proposal, Leonard Levin

Villanova Law Review (1956 - )

No abstract provided.

To Praise The Estate Tax, Not To Bury It, Michael J. Graetz

Faculty Scholarship

For several decades, total revenues raised by estate and gift taxes have roughly equaled those raised by excise taxes on alcohol and tobacco. Yet no law journal has ever asked me to write on alcohol or tobacco excise taxes. The law firms of America do not routinely have divisions devoted to excise tax planning. We do not hear of the suffering of widows and orphans (or even of farmers and small businesses) because of alcohol and tobacco taxes. Philosophers and economists do not routinely debate the merits of such taxes. Perhaps most significantly, increases in such excise taxes do not …

Loretto V. Teleprompter Manhattan Catv Corp.: The Propriety Of A Per Se Rule In Takings Claims, 16 J. Marshall L. Rev. 419 (1983), Michael L. Gold

UIC Law Review

No abstract provided.

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.

Preemption And State Anti-Redlining Regulations:, Marianne M. Jennings

Fordham Urban Law Journal

This Article sets forth certain federal, state and municipal anti-redlining laws and discusses the conflicting decisions concerning the proper application of these laws. The need for clarification of federal and state roles in the anti-redlining field will eb set forth and recommendations for the most effective means by which to accomplish this goal are offered. Specifically, this Article asserts taht although federal legislation has preempted the area of disclosure procedures, federal financial institutions should be subject to state-enacted substantive anti-redlining laws.

Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner

Fordham Urban Law Journal

In New York City, the Conciliation and Appeals Board (CAB) is a quasi-judicial body empowered by the Rent Stabilization Law (RSL) to resolve rent overcharge complaints. By September 1982, the CAB had a backlog of 7000 rent overcharge cases. In response to the backlog, the CAB promulgated new procedures for determining the maximum legal rent when owners fail to provide sufficient rent histories to the Board. This Note examines the CAB's new procedures in light of past enforcement policies and the CAB's powers under the RSL. The Note concludes that although the procedures accomplish de facto what the CAB might …

New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy

Fordham Urban Law Journal

Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being …