Law Commons^™

Adverse Possession Of Subsurface Minerals, Paul N. Bowles

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Wills, Probate And Real Property Law, Frances E. Catron

Kentucky Law Journal

No abstract provided.

Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson

Cardozo Law Review

No abstract provided.

Tax Aspects Of Innovative Real Estate Financing, Jack M. Feder

William & Mary Annual Tax Conference

No abstract provided.

Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner

Washington Law Review

Part I of this comment reviews the judicial analysis underlying the Washington doctrine, and outlines the elements and scope of the vesting rule. Part II analyzes the Mercer decision and questions whether that decision promotes the purposes of the Washington doctrine in the PUD zoning context. This comment contends that the Mercer court's rule for vesting rights to develop land on the basis of incomplete building permit applications fails to consider important public policy interests. In conclusion, Part III proposes a modified vesting rule that addresses the problems inherent in the Mercer decision.

Coping With Texas Mechanics' Liens: A Lender's Guide To Priorities Symposium - Real Estate Finance - An Emphasis On Texas Law., Eldon L. Youngblood

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In U.S. Real Estate Symposium - Real Estate Finance - An Emphasis On Texas Law., Stephen P. Jarchow

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Symposium - Real Estate Finance - An Emphasis On Texas Law - Introduction., James H. Wallenstein

St. Mary's Law Journal

Abstract Forthcoming.

Basics Of Real Estate Syndications Symposium - Real Estate Finance - An Emphasis On Texas Law., John C. Andrews

St. Mary's Law Journal

Abstract Forthcoming.

Equity Participation Arrangements Between Institutional Lenders And Real Estate Developers Symposium - Real Estate Finance - An Emphasis On Texas Law., J. Cary Barton, Robert E. Morrison

St. Mary's Law Journal

Abstract Forthcoming.

Ulta And Non-Judicial Mortgage Foreclosure In Texas., Patricia E. Rant

St. Mary's Law Journal

Much of the current law governing secured land transactions remains closely akin to common law practices of feudal England. Consequently, certain aspects of the law in this area are provincial, anachronistic, and ill-suited to the needs of the modern borrower and lender. Even a cursory examination of Texas mortgage foreclosure law demonstrates certain shortcomings of the existing system. The Uniform Land Transactions Act (ULTA) professes to simplify, modernize, and unify state laws relating to real estate transactions. ULTA expects to accomplish these various purposes through uniformity in foreclosure proceedings. ULTA suggests several distinct advantages not currently available under Texas law. …

Truth In Lending Simplification And Reform Act: Changes Affecting Disclosure Requirements In Home Mortgage Transactions., Susan C. Shank

St. Mary's Law Journal

Abstract Forthcoming.

Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern

St. Mary's Law Journal

Abstract Forthcoming.

New Developments In Real Estate Financing Symposium - Real Estate Finance - An Emphasis On Texas Law., Jesse B. Heath Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Congressional Discretion Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”

The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …

Loretto V. Teleprompter, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Property—Real Covenants—Homeowners' Associations: A Lease Will Not Convey Rights In Common Properties, Virginia R. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Property—Future Interest—Partition By Remaindermen Allowed, Jo Carol Jones Gill

University of Arkansas at Little Rock Law Review

No abstract provided.

The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill

Law Faculty Publications

The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.

Property As A Constitutional Right, Frank I. Michelman

Washington and Lee Law Review

No abstract provided.

Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack

Scholarly Works

Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …

Agenda: Water Resources Allocation: Laws And Emerging Issues: A Short Course, University Of Colorado Boulder. Natural Resources Law Center

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Speakers and instructors for this short course …

Riparian Rights, Peter N. Davis

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Contains research sources.

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.

Reconciling World-Wide Water Supply With Demand [Outline], Gilbert F. White

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

Hybrid Systems: Outline, Harrison C. Dunning

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

4 pages.

Physical/Political Solutions To Groundwater Management Problems: Outline, Carl F. Fossette

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

12 pages (includes illustrations and map).

The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contains references.

Supplemental materials. Includes extracts from Colorado River Basin Project Act and Colorado River Compact.

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).

Quantification Of Federal And Indian Reserved Rights Through Negotiation [Outline], Daniel M. Rosenfelt

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

2 pages.