Law Commons^™

Respa Revised And Revisited, Edward S. Hirschler

University of Richmond Law Review

It is hard to believe that the Real Estate Settlement Procedures Act of 1974, which was signed by President Ford on December 22, 1974, and the revision that became effective on January 2, 1976,2 could have the same name-RESPA. It is even more remarkable that it took less than a year for the monstrosity which became effective on June 20, 1975, to evolve into what is now a reasonably workable statute with regulations which clarify rather than confuse. It is beyond the scope of this article to trace the history of RESPA in detail. Suffice it to say that in …

Property Taxation In Virginia, Gordon M. Cooley, Burton F. Dodd, Norman T. Fowlkes, Julia Krebs-Markrich, Ronald E. Kuykendall

University of Richmond Law Review

The Virginia Constitution mandates that all property within the state, except exempt property, must be taxed. In light of the constitution's directive, this note examines the present Virginia property taxation structure in order to provide the practitioner with a guide to its application and operation.

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Vanderbilt Journal of Transnational Law

Legal regimes regulating the exploitation of atomic energy follow three patterns. The pattern adopted in a particular country depends upon its social and governmental structure. In socialist states, like the Soviet Union, the state owns and uses nuclear materials and installations and is a monopolistic insurer against atomic hazards. In such states nuclear energy law is simplicity itself. It consists of instructions and regulations on the handling, transport and storage of nuclear materials, and the management of nuclear installations by administrative agencies. An important part of the regulations deals with the safety and health of the workers.

Countries in which …

Yes, Students, There Is A Marengo Cave -- And You Are There, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Economic Profile Of The Indian Claims Region, Maine State Planning Office

Maine Collection

Economic Profile of the Indian Claims Region

Prepared by: John Joseph, James Lindvall, Remi Jurenas & Beverly Gilcreast

Division of Economic Planning and Analysis and the Division of Comprehensive Planning, Maine State Planning Office, December 3, 1976.

Contents: I. Demographics of the Claims Region / II. Economics of the Claims Region / III. Housing Needs in the Claims Region / IV. Local Fiscal Considerations / V. Capital Markets

Additional Tables and Charts.

Real Property, George A. Pindar

Mercer Law Review

The period of this survey includes a great quantity of judicial writing from the Georgia appellate courts dealing with difficult problems and often accompanied by sharp and persuasive dissenting opinions.

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Real Estate Sale-Leaseback Agreements Under Texas Usury Law: Circumvention Or Sale., Douglas W. Poole

St. Mary's Law Journal

Abstract Forthcoming.

Book Reviews, Paul L. Murphy, Richard E. Ellis

Vanderbilt Law Review

Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality By Richard Kluger

Reviewed by Paul L. Murphy

Richard Kluger is a novelist and editor who retired to devote his full time to an extensive study of the landmark Supreme Court decision of Brown v. Board of Education.' Perceiving the Brown decision as a watershed with respect to America's willingness to confront the consequences of centuries of racial discrimination, Kluger set out to tell the entire story of the Brown decision. Kluger approaches the Brown case not as a study of the law and …

Shaffer V. Heitner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Division Of Texas Marital Property On Divorce., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Real Property--Interstate Land Sales Full Disclosure Act--Omission Of Bankruptcy Of Grandfather Corporation Not A Material Misrepresentation, Michael E. Satterwhite

Mercer Law Review

In Paquin v. Four Seasons of Tennessee, Inc. the United States Court of Appeals for the Fifth Circuit held that the developer's failure to include in a required property report the fact that it was the wholly owned subsidiary of a bankrupt corporation was not a material misrepresentation under section 1404(a)(2)(B) of the Interstate Land Sales Full Disclosure Act.

Real Property--State Has Title To Foreshores Of Georgia's Navigable Waters, Donna Bergh

Mercer Law Review

In State v. Ashmore, the Supreme Court of Georgia held that the State has fee simple title to the foreshore of all navigable tidewaters.

On December 6, 1973, the State of Georgia filed suit in the Superior Court of Glynn County disputing the defendants' right to develop for condominiums a beach and dune area on St. Simons Island, Glynn County, Georgia. The State asserted that the property belonged to the State and that the property had been dedicated to public use. The superior court, however, granted the motions of the Ashmores to dismiss the State's complaint for failure to …

Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz

Scholarly Works

This Article will explain how the 19th-century entrepreneur, faced with a hostile rule of strict liability for interference with the use and enjoyment of property, avoided the heavy hand of the chancellor's injunction. Although the term "entrepreneur" describes a diverse group of businessmen--from the mill owner to the early 19th century to the slaughterhouse operator of later in the century--the denominator common to all nuisance action in this period was a developmental use of real property that interfered with the use of neighboring property. An examination of the responses of courts to private nuisance suits between an individual property owner …

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Brokers-Real Estate Brokers' Duties To Prospective Purchasers - Funk V. Tifft

BYU Law Review

No abstract provided.

Eliminating Redlining By Judicial Action: Are Erasers Available?, Paul A. Renne

Vanderbilt Law Review

This paper will consider one practice--mortgage disinvestment, commonly referred to as "redlining"--which has worked incontravention to the declared policy of Congress by contributing to the destruction of the urban housing inventory and has been partly responsible for the failure to meet our housing goals. This paper will discuss the concept and effects of redlining, the relevant statutes and administrative regulations, and the use of class action litigation as a means of eliminating the practice. Before turning to this discussion, however, it is important to emphasize that eliminating the practice of redlining will prove no panacea to our urban problems. It …

Equity Participating In Real Estate Finance, William W. Respress Jr.

North Carolina Central Law Review

No abstract provided.

Recent Developments

William & Mary Environmental Law and Policy Review

No abstract provided.

X. Property

Washington and Lee Law Review

No abstract provided.

Protecting The Appalachian Trail In Maine, University Of Maine At Portland - Gorham

Maine Collection

Protecting the Appalachian Trail In Maine

A Handbook Compiled by the Allagash Environmental Institute, Center for Research & Advanced Study, University of Maine Portland - Gorham, 1976.

Directed & edited by Patricia Solotaire.

Contents: The Project Itself / The History of Trail Agreements in Maine / The Landowner's Duty to Hikers and Campers / History and Description of the Statutory Protection of the Appalachian Trail / An Overview of Tax Considerations / Land Protection Devices / Using the Information / Bibliography / Footnotes / Appendices

Zoning-Virginia Defines Scope Of Local Power To Impose Dedication And Land Use Requirements Upon Individual Landowners

University of Richmond Law Review

The power of local legislative bodies to enact zoning ordinances to regulate growth within their territorial jurisdictions has long been recognized. Pursuant to several enabling statutes, Virginia cities and counties have chosen various means of implementing this regulatory authority. In response to this trend, Virginia courts have developed general principles for judicial review of zoning ordinances. Simply stated, the purpose of a zoning act must be to promote the public health, safety, morals, or general welfare, to conserve and protect the value of buildings, and to encourage the most appropriate use of the land. If an area is zoned for …

The Change-Mistake Rule And Zoning In Maryland, Barlow Burke

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Zoning ordinances enacted under state enabling laws and home rule charters of municipalities are customarily entitled to a presumption that they were validly enacted, are within the powers delegated to the locality by the state, and are reasonable in effect. This presumption makes an exercise of the zoning power more easily defensible; one attacking the ordinance must show that it was passed incorrectly, or is beyond the scope of municipal authority, or is unreasonable, capricious or arbitrary in effect. Zoning officials have possessed this initial advantage in any litigation since the landmark decision of Village of Euclid v. Ambler …

The Doctrine Of Special Legislation In Pennsylvania Zoning Law, Michael Nelson Becci

Villanova Law Review (1956 - )

No abstract provided.

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review (1956 - )

No abstract provided.

Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek

Fordham Urban Law Journal

In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …

Effect Of Waste Discharge Regulations On Real Property Development, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.

Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle

Fordham Urban Law Journal

In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …