Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6301 - 6330 of 8419

Full-Text Articles in Law

Optimizing Land Title Assurance Systems, Dale A. Whitman Jan 1973

Optimizing Land Title Assurance Systems, Dale A. Whitman

Faculty Publications

There is little unanimity of viewpoint concerning the complex and controversial subject of real estate settlement costs. The diverse interests and pressure groups seem to agree, however, that the public land title records of most jurisdictions are disarrayed, complicated, and inefficiently organized. This observation has been made with such frequency and conviction that it appears beyond dispute, and it will not be contested here.

Go to article

Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe Jan 1973

Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe

Indiana Law Journal

No abstract provided.

Go to article

Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara Jan 1973

Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara

Cleveland State Law Review

The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …

Go to article

The New York City Noise Control Code: Not With A Bang, But A Whisper Jan 1973

The New York City Noise Control Code: Not With A Bang, But A Whisper

Fordham Urban Law Journal

This comment reviews the history of noise control legislation in New York City and examines the New York City Noise Control Code enacted in 1972 to reduce and regulate noise levels by explaining its administration, substantive limitations, and method of enforcement. The comment concludes by recognizing the important advancements promulgated by the Code and evaluating its possibility of success.

Go to article

Passing Depreciation To Investor-Partners, Donald J. Weidner Jan 1973

Passing Depreciation To Investor-Partners, Donald J. Weidner

Scholarly Publications

The partnership form is an extremely popular vehicle for raising money for real estate development because of the opportunity to offer high-bracket investors "pass through" of partnership losses. These losses, in all but the most highly leveraged partnerships, are largely the result of depreciation deductions. Despite the tremendous popularity of real estate partnerships, limitations on allocations of partnership losses or of particular items of partnership deduction, have never been carefully defined. The purpose of this article is to explore possible limitations in the context of a variety of allocation arrangements currently in use.

Go to article

Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell Jan 1973

Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell

University of Michigan Journal of Law Reform

Public awareness of the need for protection from fraudulent vendors of undeveloped land recurs periodically and has led to brief flurries of legislative and journalistic attention since the Florida land boom of the 1920s. Despite the rush of state and federal legislation enacted in recent years to combat sharp practices in the land development field, the need for stronger regulation has been revealed by testimony at public hearings held by the Office of Interstate Land Sales Registration as well as by numerous news accounts of questionable tactics employed by some land development promoters. The recent actions of the Federal Trade …

Go to article

Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz Jan 1973

Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz

University of Michigan Journal of Law Reform

This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …

Go to article

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham Jan 1973

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …

Go to article

Licensing In The Eastern Bloc, Lajos Schmidt Jan 1973

Licensing In The Eastern Bloc, Lajos Schmidt

Vanderbilt Journal of Transnational Law

This article will discuss the legal problems faced by American enterprises desiring to license industrial property rights--principally patents, trademarks and know-how--in Eastern Europe. Licensing in seven countries--the Soviet Union, Poland, Czechoslovakia, Hungary, Romania, the German Democratic Republic (East Germany) and Bulgaria--will be examined. Of course, these countries form separate and independent legal and political jurisdictions; and even their cultural backgrounds differ. Any generalization about them must be taken in that context. Nonetheless, each of these countries is governed by similar political and economic principles--in particular, the principle of centralized economic planning. These common factors are reflected in common problems faced …

Go to article

Governmental Intervention In Conveyancing Reform, Barlow Burke Jan 1973

Governmental Intervention In Conveyancing Reform, Barlow Burke

Scholarly Articles in Law Reviews & Journals

The Faculty of the Washington College of Law, American University, and the Editorial Board of its Law Review, are indeed pleased to publish this series of articles on the improvement of land title records. Interest in this topic currently runs high, but at the same time outdistances an understanding of the issues involved. These issues are both legal and, in the broader sense, institutional. Education of both the public and the legal profession is necessary, and so the Editors have assembled this series of articles, contributed by lawyers, title insurance executives, and concerned experts, on the possibilities for future changes …

Go to article

Conveyancing In The National Capitol Region: Local Reform With National Implications, Barlow Burke Jan 1973

Conveyancing In The National Capitol Region: Local Reform With National Implications, Barlow Burke

Scholarly Articles in Law Reviews & Journals

Our population is mobile, shifting, and accustomed to swift extensions of credit and speedy completion of transactions. Consequently, it comes as a shock to many entering into their first house purchase that cumbersome and lengthy procedures extend the executory period, incur mystifying expenses, and lack consumer rationale. Homilies of the conveyancing bar to the effect that each parcel of land is unique or that every settlement is a time-consuming process will not long stand in the face of consumer unrest. Nor is future reform likely to be thwarted by either the cries of scholars for more fact gathering and study, …

Go to article

Landlord And Tenant-Patent Defects In A Common Area Jan 1973

Landlord And Tenant-Patent Defects In A Common Area

University of Richmond Law Review

When a landlord retains control of a portion of the premises for common use by multiple tenants, he must exercise ordinary care to keep that common area in a condition reasonably safe for its intended use. Since the landlord incurs no liability when the premises are under the exclusive control of one tenant, the prerequisites of liability for an injury resultig from a defective condition in a common area are that the landlord must have reserved the area for common use for himself and the tenants, and that he must have retained control of the area himself rather than have …

Go to article

Mechanics' Liens--Potential Pitfall For The Homeowner, Robert C. Lindig Jan 1973

Mechanics' Liens--Potential Pitfall For The Homeowner, Robert C. Lindig

Kentucky Law Journal

No abstract provided.

Go to article

Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario Dec 1972

Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson Dec 1972

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures Dec 1972

Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures

William & Mary Law Review

No abstract provided.

Go to article

Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery Dec 1972

Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick Nov 1972

Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick

Vanderbilt Law Review

For the last 45 years the idea that local zoning administration is a highly desirable exercise of the state police power has become progressively more entrenched in urban thinking and planning. Although opponents of zoning have quarreled with details of administration or decried the failure of the Supreme Court to continuously oversee implementation of the zoning concept, they have assumed basic Euclidian zoning theory' to be beyond serious challenge. This assumption is no longer valid, for classic municipal zoning is on the firing line and its survival is by no means certain.

Go to article

Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke Oct 1972

Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke

Indiana Law Journal

No abstract provided.

Go to article

Real Property--Covenant Of General Warranty--Novel Definition Of Conservative Eviction In West Virginia, Donald M. O'Rourke, Michael B. Keller Sep 1972

Real Property--Covenant Of General Warranty--Novel Definition Of Conservative Eviction In West Virginia, Donald M. O'Rourke, Michael B. Keller

West Virginia Law Review

No abstract provided.

Go to article

The Sale Of Subjacent Land And The Principal Residence Requirement Of Section 1034 Of The Internal Revenue Code Sep 1972

The Sale Of Subjacent Land And The Principal Residence Requirement Of Section 1034 Of The Internal Revenue Code

Washington and Lee Law Review

No abstract provided.

Go to article

A General Theory Of Eminent Domain, William B. Stoebuck Aug 1972

A General Theory Of Eminent Domain, William B. Stoebuck

Washington Law Review

In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …

Go to article

Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon Aug 1972

Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon

Washington Law Review

The Wandermere Corporation owned one mile of frontage along an open-access highway. The state planned to build a drainage facility along the highway, wholly on state-owned property. Wandermere claimed that the proposed facility, an open ditch, would lower the underground water table on its land and interfere with access rights to its property. Wandermere further alleged that the Washington constitution prohibited such state interference with property rights until there was both a judicial determination that the project would be for a public use and until damages to the property had been ascertained and paid in the manner provided by law. …

Go to article

Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein May 1972

Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein

Vanderbilt Law Review

The future of the Model Cities program in Nashville is difficult to predict. As of this writing, the program is approaching the end of the first of five action years. The suit filed by the CCC in April 1971, is,more than a year later, still pending. It is, of course, possible that the program may eventually prove successful, but such a result is unlikely. Even if the CCC is replaced as the official citizen participation structure for the program, the ideological constituency from which the group derives its strength will remain. Furthermore, as the CDA continues to build an ad …

Go to article

Eminent Domain: Approaches To Valuation Of Real Estate With Emphasis On Mineral Properties, Roger D. Graham Apr 1972

Eminent Domain: Approaches To Valuation Of Real Estate With Emphasis On Mineral Properties, Roger D. Graham

West Virginia Law Review

No abstract provided.

Go to article

Variable Rental Provisions In Long Term Ground Leases, Neil S. Hecht Apr 1972

Variable Rental Provisions In Long Term Ground Leases, Neil S. Hecht

Faculty Scholarship

Rockefeller Plaza, Madison Square Garden, the Pan Am Building, the Waldorf-Astoria, the New York Hilton, the Washbridge apartment development, and numerous cooperative residential, and office buildings are modem monuments to the vitality, flexibility, and utility of the long term ground lease. The long term ground lease is primarily an urban financing and investment vehicle that enables a lessor to convey land or air rights to a lessee who undertakes to develop the property through new construction or substantial improvements. As such, this device comprises relationships that embrace the criteria of time and function. In terms of time, common usage in …

Go to article

The Impact Of The Tax Reform Act Of 1969 On The Supply Of Adequate Housing, Kenneth J. Guido, Jr. Mar 1972

The Impact Of The Tax Reform Act Of 1969 On The Supply Of Adequate Housing, Kenneth J. Guido, Jr.

Vanderbilt Law Review

Hidden by the storm surrounding the more controversial changes in the Tax Reform Act of 1969 are subtle alterations in the tax structure that may significantly affect the rate and nature of real estate development. The Tax Reform Act amended provisions of the Internal Revenue Code directly applicable to real estate investments,' purposefully redesigning them in the hope of stimulating the construction and rehabilitation of rental housing, particularly low-income housing. The changes in the basic tax structure relative to real estate investments are an attempt to continue a national policy established in 1949, that of providing a "decent home and …

Go to article

Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan Mar 1972

Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan

St. Mary's Law Journal

This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …

Go to article

Book Review. The Zoning Dilemma By D. R. Mandelker, A. Dan Tarlock Jan 1972

Book Review. The Zoning Dilemma By D. R. Mandelker, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Go to article

Visitors' Refusal To Leave Premises, Joseph Gibson Jan 1972

Visitors' Refusal To Leave Premises, Joseph Gibson

Cleveland State Law Review

Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …

Go to article

First Prev Next Last