Law Commons^™

Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen

West Virginia Law Review

No abstract provided.

Uslta: Marketable Record Title Act - A New Title Theory And Its Effect On Texas Law., Sue Ortman

St. Mary's Law Journal

Abstract Forthcoming.

Open Space Taxation And State Constitutions, David A. Myers

Vanderbilt Law Review

this Article will first examine the theoretical function and form of state constitutions. This analysis can in turn be used to develop criteria for evaluating the content of these open space amendments. These criteria can then be used to suggest alternative methods of constitutional change that will allow state governments to respond most effectively to contemporary problems in the taxation of real property.

... This Article has been concerned with the various justifications for putting open space taxation provisions in state constitutions. It should be noted, however, that these amendments can have important negative effects on state constitutional law. Because …

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus

West Virginia Law Review

No abstract provided.

Zoning—Judicial Enforcement Of The Duty To Serve The Regional Welfare In Zoning Decisions—Save V. City Of Bothell, 89 Wn. 2d 862, 576 P.2d 401 (1978), Michael H. Rorick

Washington Law Review

After briefly noting the background of relevant Washington law, Part I of this note analyzes the SAVE court's reasoning to reveal indications of an underlying interventionism in its review of the rezone. Part II assesses the problems of such judicial intervention, first in the exclusionary zoning cases relied upon by the SAVE court for its regional welfare standard, and then in the context of zoning actions with the kind of extralocal environmental impacts presented by SAVE. Finally, arguments favoring increased judicial intervention are presented. The note concludes that there are both practical and doctrinal justifications for heightened judicial scrutiny of …

Real Estate And Unconventional Securities Under The Arkansas Securities Act, Harvey L. Bell

University of Arkansas at Little Rock Law Review

No abstract provided.

The New Property Of The Nineteenth Century: The Development Of The Modern Concept Of Property, Kenneth J. Vandevelde

Buffalo Law Review

No abstract provided.

Preservation Law 1979-1980: Faction, Property Rights, And Ideology, James P. Beckwith Jr.

North Carolina Central Law Review

No abstract provided.

Enforcing Money Judgments Against Personal Property In Virginia, Ralph G. Santos

William & Mary Law Review

No abstract provided.

The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia

St. Mary's Law Journal

Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …

The Constitutionality Of Real Estate Attachments

Washington and Lee Law Review

No abstract provided.

The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter

St. Mary's Law Journal

The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …

Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble

Articles

No abstract provided.

Problem Areas Concerning Foreign Investment In U.S. Real Estate, John T. Jr. Allen, David B. Olaussen

Northwestern Journal of International Law & Business

Current problems related to foreign investment in real estate have a long and involved history. After a brief historical review, this per- spective will consider present limitations on alien ownership of real es- tate, inconveniences such as disclosure of ownership, and incidental administrative side effects which place the foreign investor in a differ- ent position than a U.S. investor.

Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian

Villanova Law Review (1956 - )

No abstract provided.

Petersen V. Hubschman Construction Company - The Implied Warranty Comes Of Age In Illinois New Housing, 13 J. Marshall L. Rev. 769 (1980), Randall F. Clark

UIC Law Review

No abstract provided.

Section 6104(D) Of The Pennsylvania Rule Against Perpetuities: The Validity And Effect Of The Retroactive Application Of Property And Probate Law Reform, Leonard Levin

Villanova Law Review (1956 - )

No abstract provided.

Mortgage Law Today, 13 J. Marshall L. Rev. 251 (1980), Robert Kratovil

UIC Law Review

No abstract provided.

Our Land Is Your Land: Ineffective State Restriction Of Alien Land Ownership And The Need For Federal Legislation, 13 J. Marshall L. Rev. 679 (1980), Ronald L. Bell, Jonathan D. Savage

UIC Law Review

No abstract provided.

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

The Regulation Of Rental Apartment Conversions, Constance W. Cranch

Fordham Urban Law Journal

This Comment examines the increasing rate of apartment buildings being converted to condominiums and cooperatives. It take a critical look at the the benefits and drawbacks of conversion for both landlords and tenants. Finally, the Comment argues that legislation should be passed in order to ensure that landlords can reap the benefits of conversion while seeing that the hardship on low-income and elderly tenants is mitigated.

Fire Insurance Recovery Rights Of The Foreclosing Mortgagee: Is His Lien Lost In The Ashes?, J. Burke Mccormick

Fordham Urban Law Journal

This note explores the question of a mortgagee's insurable interest under a standard mortgage clause as the process of foreclosure ripens his status from that of mortgagee to property owner. The author argues that while fire insurance recovery rights of the foreclosing mortgagee may appear to be a viable solution to apportionment of indemnity, when the rules are applied to deny recovery, the system becomes unjust. This creates an incentive for the mortgagee to avoid the foreclosure sale (when there is a fire loss to the property), so as to force the loss on the insurance carrier.

Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher

Fordham Urban Law Journal

This comment examines the duties landlords have to maintain a habitable dwelling for tenants. It also recounts the various remedies tenants have when their landlord fails to meet its duties regarding habitability. The comment then goes on analyze whether or not these remedies are available to leaseholders of a cooperative apartment against the cooperative corporation that owns the apartment. In cases when those remedies are not available, this comment will recount what remedies are available.

The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn

Articles

The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus

Cleveland State Law Review

This note will examine the legal protection afforded to cultural resources located in the state of Ohio. It will begin with a brief description of the nature of cultural resources, the dangers confronting them and the resulting efforts to protect them through appropriate legislation. The changing concepts of cultural resources and their social values will be considered in a statutory context. The development of federal preservation law will be traced from the turn of the century to the present with emphasis on the diverse approaches employed by Congress. This discussion will demonstrate that a comprehensive body of federal legislation has …

The Present Status Of Compensation By Foreign States For The Taking Of Alien-Owned Property, Mark K. Neville, Jr.

Vanderbilt Journal of Transnational Law

Perhaps no other exercise of the prerogatives of national sovereignty during the past two decades has proven so divisive to the community of nations or created quite as much uncertainty in international commerce as the taking of an alien investor's property by host States. Certainly these takings have contributed mightily to the intensity of the confrontation between the Third World and the developed nations. As a result of these confrontations the line has been clearly drawn between the industrialized nations and those developing countries of the Third World that subscribe to the precepts of the New International Economic Order, an …

A Conflict Over Land, Francis E. Ackerman

American Indian Law Review

No abstract provided.

Aboriginal Title, Alaskan Native Property Rights, And The Case Of The Tee-Hit-Ton Indians, Steven John Bloxham

American Indian Law Review

No abstract provided.