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Articles 6061 - 6090 of 8419

Full-Text Articles in Law

The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering Sep 1978

The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering

West Virginia Law Review

The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …

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Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein Sep 1978

Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein

St. Mary's Law Journal

Abstract Forthcoming.

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Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall Jul 1978

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.

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The Taxation Of Restricted-Use Property: A Theoretical Framework, Jerry A. Menikoff Jul 1978

The Taxation Of Restricted-Use Property: A Theoretical Framework, Jerry A. Menikoff

Buffalo Law Review

No abstract provided.

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What Is Taught In The First Year Property Course?, John A. Humbach Jun 1978

What Is Taught In The First Year Property Course?, John A. Humbach

Journal of Legal Education

No abstract provided.

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The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl Jun 1978

The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl

West Virginia Law Review

Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …

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Article 5236e - The Vanishing Panacea., Patrick K. Sheehan Jun 1978

Article 5236e - The Vanishing Panacea., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.

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Retaliatory Eviction In Texas - An Analysis And A Proposal., Jane E. Bockus Jun 1978

Retaliatory Eviction In Texas - An Analysis And A Proposal., Jane E. Bockus

St. Mary's Law Journal

Abstract Forthcoming.

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Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka May 1978

Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka

Washington Law Review

This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …

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Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley Mar 1978

Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley

Washington Law Review

The first part of this comment examines the test of balancing private loss against public gain to establish the conceptual basis for analyzing its proper uses. The test is shown to require that land use regulations serve the general welfare and that the public benefits alone, without consideration of incidental private benefits, be sufficient to justify the burdens placed on private property. Part II presents the essential characteristics of the due process and taking without compensation limitations as they have been construed by the United States Supreme Court and developed by other courts and commentators. It is shown that the …

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Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr. Mar 1978

Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Realty Shelters: Nonrecourse Financing, Tax Reform And Profit Purpose, Donald J. Weidner Jan 1978

Realty Shelters: Nonrecourse Financing, Tax Reform And Profit Purpose, Donald J. Weidner

Scholarly Publications

The Tax Reform Act of 1976 made sweeping changes in the area of tax shelters. Real estate tax shelters are the only ones to survive with any semblance of their former vitality. Two rules were introduced to prevent investors from claiming tax losses in excess of amounts they place “at risk,” and neither rule considers a nonrecourse liability an amount “at risk.” The first applies to four specific tax shelters, not including real estate, and the second is a catchall that applies to all partnerships other than real estate partnerships. Thus, it is only in the real estate area that …

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Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb Jan 1978

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review (1956 - )

No abstract provided.

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Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer Jan 1978

Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer

Scholarly Works

In 1976 the Michigan Supreme Court’s determined in Doe v. State that procedural due process requires an owner of a significant interest in real property to be given notice of the state’s foreclosure petition and a meaningful opportunity for a hearing which he may challenge the state’s claim that property taxes remain unpaid without legal justification. This casenote examines the existing legal precedent during the Doe v. State decision, the Michigan Supreme Court’s decision and analysis, and the legislature’s actions following the decision.

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Secrecy And Real Property, Dale A. Whitman Jan 1978

Secrecy And Real Property, Dale A. Whitman

Faculty Publications

It is not unusual for owners of real property to wish to conceal from government or the public either the fact of their ownership or certain salient characteristics of the property they hold. The objective of this article is to consider the extent to which this desire for secrecy is supported by sound policy and American legal doctrine. It will focus on the civil recourse available to an owner of real property against private persons who, without the owner's knowledge and consent, reveal information about the ownership or physical characteristics of the property. The article will also consider whether the …

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Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil Jan 1978

Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil

UIC Law Review

No abstract provided.

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Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann Jan 1978

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

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Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell Jan 1978

Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell

Cleveland State Law Review

The Ohio Revised Code, in the section referred to as the statute of conveyances, mandates, inter alia, that all leases of any interest in real property shall be signed by the lessor, attested to by two witnesses, and bear a certificate of acknowledgement subscribed to by a proper authority. Exempted from the operation of the statute are leases for a period of less than three years. Thus, all leases in Ohio, even the typical form lease for a residential apartment building, must comport with the formal requirements of the statute of conveyances if they convey a term of three or …

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Property, E. F. Roberts Jan 1978

Property, E. F. Roberts

Cornell Law Faculty Publications

Blackstone warned us that the law of real property was “a fine artificial system, full of unseen connexions and nice dependencies; and he that breaks one link of the chain endangers dissolution of the whole.” Ours is an age during which entropy appears to have beset the entire society. Reflecting as it does the socioeconomic realities of the society, the system of real property law has not escaped the general drift, and it evidences marked symptoms of dissolution.

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Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann Jan 1978

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

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What Is Taught In The First Year Property Course?, John A. Humbach Jan 1978

What Is Taught In The First Year Property Course?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The battle over the first-year curriculum will unlikely ever end so long as there is a diversity of views as to what ought to be taught there. Because first-year courses are both a requirement (for the most part) and an initiation, most would probably agree that their subject matter should tend to emphasize the fundamental and general, not the esoteric or the highly specialized areas of legal knowledge. Nevertheless, first year subject matter should not be so abstractly "general" that it is too far removed from the real issues which a practical lawyer is likely to face. Beyond this, agreement …

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Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach Jan 1978

Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Egyptian Land Law: An Evaluation, David F. Forte Jan 1978

Egyptian Land Law: An Evaluation, David F. Forte

Law Faculty Articles and Essays

In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …

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Closing The Closing Gap, James G. Cosby Jan 1978

Closing The Closing Gap, James G. Cosby

University of Richmond Law Review

It has been twenty-six years since Professor (now Dean) Emerson G. Spies of the University of Virginia School of Law first called for much-needed basic reform in the conveyancing of real property. Professor Spies suggestions centered around the need for a Marketable Title Act, tract indexes, and the development and use of standards for title examination.

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Subdivided Land Sales Act, Elliott H. Dejarnette Jan 1978

Subdivided Land Sales Act, Elliott H. Dejarnette

University of Richmond Law Review

In response to a committee study on the sale of recreational property, the 1978 Virginia General Assembly passed the Subdivided Land Sales Act. This act is designed to control the typical recreational land developer whose development consists of a hundred or more lots, part of which are sold by land sales installment contracts pursuant to a common promotional plan and where the purchasers are to have the use of and access to common facilities and amenities for which they pay annual assessments. It is estimated that there are over three hundred and fifty such recreational developments already existing in Virginia. …

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Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace Jan 1978

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

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Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson Jan 1978

Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson

Kentucky Law Journal

No abstract provided.

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That Was No Wife, That Was My Lady: Is Marvin V. Marvin Appropriate For Kentucky?, Michael Braden Jan 1978

That Was No Wife, That Was My Lady: Is Marvin V. Marvin Appropriate For Kentucky?, Michael Braden

Kentucky Law Journal

No abstract provided.

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Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman Jan 1978

Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman

Kentucky Law Journal

No abstract provided.

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Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman Jan 1978

Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman

Kentucky Law Journal

No abstract provided.

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