Law Commons^™

Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder

Faculty Scholarship

In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.

Due-On-Sale Clauses: Separating Social Interests From Individual Interests, Joseph Gibson, Iii

Vanderbilt Law Review

This Note suggests that courts have failed to articulate properly the relation of the due-on-sale clause to the legal doctrines under which it has been challenged. In particular, courts that have considered the clauses to be restraints on alienation have concentrated on the impact of enforcement or nonenforcement on the borrower, and have ignored almost completely the social interest in the free transferability of land, which has been the traditional rationale for the rule against restraints. Likewise, courts that have considered due-on-sale clauses under equitable principles frequently have failed to articulate whether the inequity arises from an attempt by one …

Public Land Law Reform- Reflections From Western Water Law, James H. Backman

BYU Law Review

No abstract provided.

The New Mortgages: A Functioning Legal Analysis, Christopher Caswell

Florida State University Law Review

No abstract provided.

Epilogue: Wellenkamp V. Bank Of America, 15 J. Marshall L. Rev. 435 (1982), Robert Kratovil

UIC Law Review

No abstract provided.

The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady

UIC Law Review

No abstract provided.

In Re Marriage Of Komnick: The Appreciation Of Nonmarital Property In The Illinois Marital Property Distribution Scheme, 15 J. Marshall L. Rev. 531 (1982), Ruth Miller

UIC Law Review

No abstract provided.

Prah V. Maretti: Solar Rights And Private Nuisance Law, 16 J. Marshall L. Rev. 435 (1983), Michael G. Mcquillen

UIC Law Review

No abstract provided.

The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker

West Virginia Law Review

No abstract provided.

Constitutional Law - Access To Private Property, Lawrence Mazer

Campbell Law Review

On January 7, 1946, the United States Supreme Court, according to Justice Reed, established as a principle "that one may remain on private property against the will of the owner and contrary to the law of the State so long as the only objection to his presence is that he is exercising an asserted right to spread there his religious views." Justice Reed and two other justices dissented to the Court's decision in Marsh v. Alabama which allowed a Jehovah's Witness access to the business block of a privately owned company town against the wishes of its owners, for purposes …

In Re Puget Sound Power And Light Company: Eminent Domain By Corporations Reevaluated, Julie Anderson

Seattle University Law Review

This note examines In re Puget Sound Power and Light Company and the court’s holding that due process requires a private condemnor to prove public use and necessity by a preponderance of the evidence. The note recognizes that the court correctly shifted the burden of proof to the condemnor, but argues that the court could have grounded its decision in the Washington procedural statute governing corporate condemnation and avoided the constitutional question. The note advocates for courts interpreting the statute for corporations to require strict judicial supervision of the eminent domain actions of private entities.

The Shared Appreciation Mortgage: A Clog On The Equity Of Redemption, 15 J. Marshall L. Rev. 131 (1982), Lou J. Viverito

UIC Law Review

No abstract provided.

Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson

Seattle University Law Review

In Alderwood Associates v. Washington Environmental Council, the Washington Supreme Court reversed a temporary restraining order forbidding the defendant's solicitation or demonstration on plaintiff's privately owned shopping mall. Although there was no majority opinion because the court split four-one-four, the result of the several opinions is that the Washington constitution now bars private as well as state action that interferes with the gathering of initiative signatures on certain private property. However, four justices also concluded that the free speech sections of the Washington constitution restricts private as well as state action. The Alderwood result is desirable, but could have …

Congress, The Courts, And Civil Rights: The Fair Housing Act Of 1968 Revisited, Charles M. Lamb

Villanova Law Review (1956 - )

No abstract provided.

Foreign Investors Real Property Tax Act: Historical Perspective And Critical Evaluation, William D. Metzger

Faculty Scholarship

This Article first discusses the United States tax treatment of foreigners generally and the pre-Foreign Investors Real Property Tax Act withholding and taxation scheme with respect to foreign investment in United States real estate. Then follows a discussion of the several ways in which foreign investors were, before the Act, able to avoid tax on the disposition of United States real estate and a critical evaluation of the Act's response to those avoidance methods. Finally, a discussion of the Act's enforcement provisions and a general discussion of withholding of tax on nonresidents is provided.

Church Property Disputes In The Age Of "Common-Core Protestantism": A Legislative Facts Rationale For Neutral Principles Of Law, Roger Wm. Bennett

Indiana Law Journal

No abstract provided.

Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate

Fordham Urban Law Journal

The New York State legislature codified the implied warranty of habitability for residential leases in Real Property Law section 235-b, but failed to specify remedies for breach. This Note examines the development of the implied warranty of habitability as a basis for expanding a landlord's liability for failure to provide habitable premises and discusses problems relating to recovery for breach which have arisen in New York courts. It argues that recovery should be limited to tenants and intended third party occupants. In addition, punitive damages should not be awarded under a strict liability theory unless malice is established. The added …

The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon

Fordham Urban Law Journal

Growing recognition of the economic benefits that historic preservation can bring to a community, coupled with a more traditional belief in preservation for its own sake, has focused the attention of federal, state and local government officials on the need for historic preservation statutes. This article explores the legal means available to protect historic resources in New York. Section II discussed steps taken by the federal government, primarily in the National Historic Preservation Act of 1966, to protect historic resources from adverse impacts resulting from federal actions. Section III analyzes the New York State Historic Preservation Act of 1980, and …

The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery

Articles & Book Chapters

This paper proposes a workable framework for the application of the constitutional provisions dealing with Aboriginal and treaty rights in Canada.

Breaking The Trust: Adverse Possession Of Subsurface Minerals Under Kentucky Law, M. Gabrielle Hils

Kentucky Law Journal

No abstract provided.

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This discussion begins with some remarks concerning the concept of property as a general matter. It will then consider briefly an approach to the problem which, though promising and advanced, nevertheless falls short of achieving an internally consistent, unifying theory. Following this introduction, an attempt will be made to specify the two distinctive conceptual components of property interests on whose difference the cases seem to turn, and then to demonstrate the suitability of this conceptual distinction as the foundation for a coherent theory of the law.

Virginia Laws Affecting Churches - Restated, J. Rodney Johnson

University of Richmond Law Review

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis

American Indian Law Review

No abstract provided.

The Rule Against Perpetuities As Applied To Georgia Wills And Trusts: A Survey And Suggestions For Reform, Verner F. Chaffin

Scholarly Works

The prevalent criticism seems to be that the Rule Against Perpetuities, as presently applied, does not further the best interests of society and therefore should be changed to make it work better. To determine how well the Rule is operating, a critical examination will be made of Georgia statutory law and decisions involving its application to class gifts, private trusts, charitable gifts, commercial transactions, powers of appointment, and to various types of future interests including reverters, rights of entry, and executory interests. This Article will also explore techniques for avoiding the lethal effect of the Rule through draftsmanship, judicial construction, …

Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling

University of Richmond Law Review

No abstract provided.

North Carolina's Tenancy By The Entirety Reform Legislation Of 1982, William A. Reppy Jr.

Campbell Law Review

On June 18, 1982, the North Carolina General Assembly enacted House Bill No. 67 entitled "AN ACT TO EQUALIZE BETWEEN MARRIED PERSONS THE RIGHT TO INCOME, POSSESSION, AND CONTROL IN PROPERTY OWNED CONCURRENTLY IN TENANCY BY THE ENTIRETY." This article explores several of the issues raised by the legislation: (1) Does it alter the pre-reform law under which a creditor of neither husband nor wife alone could reach any interest in entirety property? (2) Does it extend that exemption to the rents and profits arising from tenancy by the entirety property? (3) Will the provisions for management of entirety property …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

ADMIRALTY JURISDICTION EXISTS IN CASES STEMMING FROM BOAT COLLISIONS ON NAVIGABLE WATERS REGARDLESS OF THE COMMERCIAL OR NONCOMMERCIAL NATURE OF THE VESSELS INVOLVED--Foremost Insurance Co. v. Richardson, 102 S. Ct. 2654 (1982).

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SHIPOWNER MAY ATTACH CHARACTER'S PROPERTY AS SECURITY FOR BREACH OF A CHARTER CONTAINING A FORUM SELECTION CLAUSE--Polar Shipping, Ltd. v. Oriental Shipping Corp., 680 F.2d 627 (9th Cir. 1982).

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WORKER EMPLOYED ABOARD AN OFFSHORE DRILLING PLATFORM MAY BRING A CLAIM UNDER MARITIME TORT LAW FOR WRONGFUL DISCHARGE--Roberie v. Gulf Oil Corp., No. 820013 (W.D. La.Aug. 4, 1982)

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THE IMMIGRATION AND NATURALIZATION ACT DOES NOT APPLY …

In Re Cheeseman: A Judicial Revision Of Virginia's Homestead Exemption Laws, Henry N. Ware Jr.

University of Richmond Law Review

The Bankruptcy Reform Act of 1978 was the first major revision of federal bankruptcy law in over forty years. An important goal of the Act is to provide the debtor with a "meaningful fresh start." To that end, the Bankruptcy Act provides liberalized allowances in amounts and types of property that a debtor may hold exempt from creditors in an insolvency proceeding. Under section 522 subsection (b) of the Act, however, a state is permitted to "opt out" of the federal exemption scheme and prescribe under its own law the exemptions a debtor may claim. Virginia is among those states …

Condominium Conversion Lease Extensions For Elderly And Disabled Tenants: Is Virginia's New Law A Panacea?, Thomas A. Louthan

University of Richmond Law Review

Rental housing has been converted to condominiums at an increasingly rapid rate in recent years. Between 1970 and 1979, approximately 366,000 rental units were converted to condominiums or cooperatives nationwide. In Virginia, the City of Alexandria witnessed 7,173 conversions between 1973 and 1982; and Fairfax County experienced 5,113 conversions from 1974 to 1980. Arlington County experienced approximately 700 conversions per year from 1972 to 1978 and 1,400 per year since January, 1979.