Law Commons^™

0157: Charles A. Gebhardt Papers, 1927-1935, Marshall University Special Collections

Guides to Manuscript Collections

Receipts, bills and notes on expenses for taxes and rental properties in Mason and Kanawha Counties, West Virginia.

Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare

University of Richmond Law Review

The growth pressure on the suburban and rural counties in Virginia in the seventies should be as great as that experienced by counties in the Boston to Washington corridor in the sixties. This urban corridor is working its way south.

Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler

University of Richmond Law Review

Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.

Preferential Land Assessment In Virginia, Eric E. Adamson

University of Richmond Law Review

The post-World War II land boom has seen cities and many towns snake outward into the countryside, engulfing millions of acres of formerly open land and developing them into suburbs. Cities have expanded not merely in numbers of people; they have over the past several decades also swallowed up vast areas of heretofore rural and farm land as city dwellers have fled to the suburbs.

Modernizing Title Search Practices By Legislation, Barlow Burke

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Recently the Pennsylvania Bar Association has encouraged its committees on Real Property matters to consider a variety of legislative devices to enable lawyers to search real estate titles more efficiently. The problem of efficiency in title searches is not new nor is it peculiar to Pennsylvania. Perhaps it is true that the states in the union with a colonial past have longer chains of titles to search, but the present volume of conveyancing transactions burdens the record of deeds offices in almost all large urban areas. Land title record offices there are being buried under a deluge of paper. …

Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The unique character and special public importance of lands bordering the sea have been recognized since ancient times. In the nature of things, shore lands, together with the waters which cover them (permanently or periodically), have a number of valuable uses not shared generally with inland territories. Navigation, passage, fishery, and bathing are among the particular uses of the shore or adjacent sea for which the public has traditionally received greater or lesser legal protection. However, this list is neither exclusive nor closed. For example, the recent avalanche of accretions to our stock of ecological knowledge has heightened (if not …

The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.

Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …

Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park

St. Mary's Law Journal

Abstract Forthcoming.

The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland

St. Mary's Law Journal

Abstract Forthcoming.

Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella

St. Mary's Law Journal

Abstract Forthcoming.

The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson

William & Mary Law Review

No abstract provided.

Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg

St. Mary's Law Journal

The covenant of warranty runs with the land and is a guarantee by the grantor that title is vested in them and will vest in the grantee upon conveyance. Although the covenant of warranty is an indemnification for failure of title, in Texas it is the broadest of the deed covenants, encompassing the covenant of quiet enjoyment and the covenant against encumbrances. The covenant of warranty requires the grantor to defend title as well as to indemnify for its failure. When there is a warranted title after the conveyance is made, the grantor is estopped to assert this after acquired …

Constitutional Law—Eminent Domain—Just Compensation For A Lessee's Renewal Expectation—Almota Farmers Elevator & Warehouse Co. V. United States, 409 U.S. 470 (1973), Mark W. Pennak

Washington Law Review

The district court accepted Almota's theory of valuation, but was reversed by the Court of Appeals for the Ninth Circuit. The Supreme Court reinstated the district court's judgment. Held: Just compensation for a leasehold bearing improvements owned by the lessee is measured by what a willing buyer would pay to a willing seller for the leasehold, taking into account the possibility of renewal. Almota Farmers Elevator & Warehouse Co. v. United States, 409 U.S. 470 (1973).

City Of Daytona Beach V. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974), Florida State University Law Review

Florida State University Law Review

Real Property- DOCTRINE OF CUSTOMARY RIGHTS- CUSTOMARY PUBLIC USE OF PRIVATELY OWNED BEACH PRECLUDES ACTIVITY OF OWNER INCONSISTENT WITH PUBLIC INTEREST.

Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus

Buffalo Law Review

No abstract provided.

An Assessment Of The Impact Of An Implied Warranty Of Habitability In New York State, Matthew Greenblatt

Buffalo Law Review

No abstract provided.

Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman

St. Mary's Law Journal

Abstract Forthcoming.

Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.

Scholarly Works

The Georgia law of municipal annexation possesses a rich history both statutory and decisional. Strangely subdued in this history, however, is the concept of contiguity. Although this term has been stated and defined by the legislature, the concept has historically provoked little controversy, and the courts have stayed away from it with fervor. Recently, this has changed. The purpose here, therefore, is to mark what may well be the origin of a new chapter in the Georgia law of municipal annexation.

Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber

St. Mary's Law Journal

Abstract Forthcoming.

The Private Use Of Public Power: The Private University And The Power Of Eminent Domain, Charles Fels, N. T. Adams, Richard Carmody, Margaret E. Clark, Randolph H. Lanier, James C. Smith, Robert M. White

Vanderbilt Law Review

The study which follows attempts to trace, in a necessarily limited fashion, the evolving use of eminent domain on behalf of private interest groups throughout the last century and a half of American legal history. Part One of the study traces the broadening scope of eminent domain in the United States during the 19th and 20th centuries, focusing on the direct use of eminent domain by private interest groups as a key element in the increasing breadth of the power. Part Two delineates the process whereby one modern private interest group-an informal aggregation of American colleges and universities-succeeded in acquiring …

The Uniform Residential Landlord And Tenant Act: Facilitation Of Or Impediment To Reform Favorable To The Tenant?

William & Mary Law Review

No abstract provided.

Deed Absolute In Lieu Of Foreclosure - A Cost And Delay Internalizer, Leonard T. Kelley

North Carolina Central Law Review

No abstract provided.

Alternative Gains Tax Treatments Of Decedents' Appreciated Capital Assets, D. Allen Grumbine

Vanderbilt Law Review

The present treatment of appreciated assets under section 1014' of the Code permits a great deal of accrued appreciation to escape the income tax. While decedents pay a greater estate tax because asset appreciation swells their estates, they pay no gains tax at death on this accrued appreciation. Moreover, the recipients of the decedent's property generally take a stepped-up basis for the property equal to its fair market value at the time of death. A great deal of criticism has been leveled at this system, and numerous proposals have been made for remedying the situation: imposition of a capital gains …

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick

St. Mary's Law Journal

The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …

Compensation For Partial Takings In Texas., A. Chris Heinrichs

St. Mary's Law Journal

Abstract Forthcoming.

Torts--Invitees, Licensees And Trespassers--A Trend Towards Abolishing Classification Of Entrants, Stephen R. Brooks

West Virginia Law Review

No abstract provided.

Yearend Sales Of Losses In Real Estate Partnerships, Donald J. Weidner

Scholarly Publications

No abstract provided.