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Articles 6181 - 6210 of 8419
Full-Text Articles in Law
Deed Of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part Ii Student Symposium., Gershon Dean Cohen
Deed Of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part Ii Student Symposium., Gershon Dean Cohen
St. Mary's Law Journal
Abstract Forthcoming.
Adverse Possession: The Three, Five And Ten Year Statutes Of Limitation Student Symposium - Texas Land Titles: Part Ii., Frank S. Morrill
Adverse Possession: The Three, Five And Ten Year Statutes Of Limitation Student Symposium - Texas Land Titles: Part Ii., Frank S. Morrill
St. Mary's Law Journal
Abstract Forthcoming.
Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk
Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk
St. Mary's Law Journal
The typical oil and gas lease does not specifically enumerate the lessee’s obligations regarding development and further exploratory activity after initial production has been achieved on the lease. However, several jurisdictions, including Texas, have found these obligations as implied under a general covenant of development. The majority standard in determining a breach of this covenant is the reasonable prudent operator rule. Most importantly, can the operator reasonably expect profits from further exploration. In Texas, the burden of proving an expectation of profits falls on the lessor. However, as the Texas Supreme Court has not fully addressed the issue, there may …
Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik
Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik
St. Mary's Law Journal
Abstract Forthcoming.
Introduction Student Symposium - Texas Land Titles: Part Ii - Introduction., Aloysius A. Leopold
Introduction Student Symposium - Texas Land Titles: Part Ii - Introduction., Aloysius A. Leopold
St. Mary's Law Journal
Abstract Forthcoming.
Relinquishment Of State Owned Minerals - The Agency Relationship Between The Owner Of The Soil And The State Student Symposium: Texas Land Titles: Part Ii., Bobby L. Freeman
Relinquishment Of State Owned Minerals - The Agency Relationship Between The Owner Of The Soil And The State Student Symposium: Texas Land Titles: Part Ii., Bobby L. Freeman
St. Mary's Law Journal
Abstract Forthcoming.
An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney
An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney
St. Mary's Law Journal
Abstract Forthcoming.
Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer
Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer
St. Mary's Law Journal
Abstract Forthcoming.
Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger
Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger
Villanova Law Review (1956 - )
No abstract provided.
Mortgage Consent To Sale Clause: A Reasonable Restraint On Alienation, 8 J. Marshall J. Prac. & Proc. 513 (1975), James E. Saloga
Mortgage Consent To Sale Clause: A Reasonable Restraint On Alienation, 8 J. Marshall J. Prac. & Proc. 513 (1975), James E. Saloga
UIC Law Review
No abstract provided.
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
University of Michigan Journal of Law Reform
In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …
Judicial Developments In The Taxation Of Real Property Since The Adoption Of The Illinois Constitution Of 1970, 9 J. Marshall J. Prac. & Proc. 333 (1975), Sheldon Gardner
Judicial Developments In The Taxation Of Real Property Since The Adoption Of The Illinois Constitution Of 1970, 9 J. Marshall J. Prac. & Proc. 333 (1975), Sheldon Gardner
UIC Law Review
No abstract provided.
Property Rights Between Unmarried Cohabitants, Robert C. Angermeier
Property Rights Between Unmarried Cohabitants, Robert C. Angermeier
Indiana Law Journal
No abstract provided.
Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer
Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer
Fordham Urban Law Journal
The late 1960s and early 1970s have witnessed an unprecedented boom in both construction and conversion condominiums. The inflationary spiral of the 1970s caused many developers of partially completed rental projects to seek substantial loan increases to cover cost overruns. Such loan increases often could not be justified by rental income projections. Accordingly, many developers and lenders turned to condominium conversions as a panacea for project cost overruns. However, with a shortage of end loan money, developers and lenders were left with unsold "inventory," increasing in cost with each passing day. Indeed, many developers of condominium units found themselves in …
Recent Real Property Decisions, Nicholas L. White
Recent Real Property Decisions, Nicholas L. White
Articles by Maurer Faculty
No abstract provided.
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Cleveland State Law Review
The tax approach to profit realized from the sale or exchange of real property involves a complex determination of whether it is to be treated as ordinary income or a capital gain. This problem has plagued the practitioner for more than fifty years, and has produced a voluminous body of case law. Developments in recent years have resulted in some clarification, yet to a certain extent, decisions have merely complicated what was already complex.
Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca
Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca
Fordham Urban Law Journal
In the recent decision of Trinity Episcopal School Corp. v. Romney, a court, for the first time, was confronted with a proposal to apply a "tipping" standard solely on the basis of income, rather than racial grounds. The case involved a group of middle-income residents seeking to enjoin the State and City of New York, as well as the Department of Housing and Urban Development (HUD) from increasing an area's low-income population through the building of various housing projects. "Tipping" has been defined as "that point at which a set of conditions has been created that will lead to the …
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Articles
The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …
Realty Shelter Partnerships In A Nutshell, Donald J. Weidner
Realty Shelter Partnerships In A Nutshell, Donald J. Weidner
Scholarly Publications
There continues to be heated discussion about tax reform in the area of real estate tax shelters. In the past few years, the Internal Revenue Service has taken what many feel to be substantively unsupportable moves against the use of real estate partnerships to deliver tax shelter to high bracket investors. The purpose of this Article is to explain the Service's actions against realty partnerships in the context of current manipulations of the partnership form.
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
Buffalo Law Review
No abstract provided.
Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet
Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet
Faculty Works
No abstract provided.
The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher
The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher
Faculty Works
No abstract provided.
To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider
To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider
University of Michigan Journal of Law Reform
The condominium has become an increasingly familiar arrangement in the United States. In 1972, some 235,000 condominium units were built; this number swelled to about 420,000 in 1973, an increase of almost 79 percent. Accompanying this tremendous increase in building and selling has been an increasing awareness of the need for regulation of this multi-million dollar industry. This note explores the legislative background of condominium regulation; examines the recent Florida Condominium Act amendments, focusing on the Act's disclosure requirements, what they mean, and what their impact will be on developers and purchasers; and offers alternatives to the Florida scheme.
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
University of Michigan Journal of Law Reform
This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.
Cases And Materials On Property: An Introduction To The Concept And The Institution, Lillian R. Bevier
Cases And Materials On Property: An Introduction To The Concept And The Institution, Lillian R. Bevier
Michigan Law Review
A Review of Cases and Materials on Property: An Introduction to the Concept and the Institution by Charles Donahue, Jr., Thomas E. Kauper, and Peter W. Martin
Condemnation Blight And The Abutting Landowner, Michigan Law Review
Condemnation Blight And The Abutting Landowner, Michigan Law Review
Michigan Law Review
This note will discuss the plight of abutting landowners, and explore various legal theories that may provide them with some recovery against the government units involved. Because most of the theories offer only limited possibilities of recovery, the final section of the note will argue for the creation of a more appropriate remedy.
Land Use Law In Virginia
University of Richmond Law Review
In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …
Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.
Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.
University of Richmond Law Review
At first blush this would appear a reactionary, unthinkable concept, an invitation to chaos. A legislator in Virginia who proposed such a change might well be shuttled home for a "much needed rest." Yet, this idea does have its outspoken proponents who are well recognized in the field of land use. One of the more notable is Mr. Bernard H. Siegan, who has expressed the opinion that urban planning can often be best served by eliminating zoning laws and permitting the market to totally dictate the course of development in a particular area. Mr. Siegan holds strongly to the view …
The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood
The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood
Vanderbilt Journal of Transnational Law
This study of European Economic Community (EEC) industrial property rights discusses trademarks, patents, and copyrights. The legal foundation for the protection of these industrial property rights in the EEC is derived from article 36 of the EEC Treaty, which expressly allows an exception to the prohibition of restrictions against the free movement of goods within the EEC when justified by the protection of industrial property, and article 222, which encompasses the protection of industrial property in the Member States. Although decisions of the Court of Justice on industrial property rights are infrequent, their ramifications are significant throughout the Community since …
0115: Jacob Stollings Will, 1817, Marshall University Special Collections
0115: Jacob Stollings Will, 1817, Marshall University Special Collections
Guides to Manuscript Collections
Copy of a Cabell County [West] Virginia will, 1817, dividing property along Crawley Creek; includes an inventory of the estate.