Law Commons^™

Municipal Liability For Riot Damage Under Eminent Domain

Washington and Lee Law Review

No abstract provided.

The Implied Warranty Of Habitability In Landlord-Tenant Relations: A Proposal For Statutory Development, Richard C. Josephson

William & Mary Law Review

No abstract provided.

Property--Right Of Re-Entry--Descent And Alienability, John R. Frazier

West Virginia Law Review

No abstract provided.

Mandamus--Eminent Domain

West Virginia Law Review

No abstract provided.

Men And Things: The Liberal Bias Against Property, Thomas L. Shaffer

Journal Articles

When a property teacher sets out to learn about the human facts in his subject—if, for instance, he wants to learn about the behavioral aspects of the law of the dead (wills, trusts, future interests and death taxation)—he will be discouraged by the fact that psychological literature has a great deal to say about sex, and even quite a bit about death, but almost nothing about property.

There are a couple of metaphysical essays by Jean-Paul Sartre, and, from the founders of psychoanalysis, the theory that our concern about property begins at the potty chair. But for the most part …

Implied Warranty Of Habitability In Leases, Ira O. Kane

Cleveland State Law Review

This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.

Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer

Villanova Law Review (1956 - )

No abstract provided.

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review (1956 - )

No abstract provided.

The Pennsylvania Supreme Court And Exclusionary Suburban Zoning: From Bilbar To Girsh - A Decade Of Change, John W. Nilon Jr.

Villanova Law Review (1956 - )

No abstract provided.

Tenant Remedies - The Implied Warranty Of Fitness And Habitability, Stanley A. Lockitski

Villanova Law Review (1956 - )

No abstract provided.

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review (1956 - )

No abstract provided.

Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver

Indiana Law Journal

No abstract provided.

Eminent Domain Date Of Valuation In Ohio, John Lombardo

Cleveland State Law Review

This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.

Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak

Cleveland State Law Review

The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as "the Torrens Law" 2 or "the land registration law" 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, …

Compulsory Home Repair Laws, Maynard L. Graft Jr.

Cleveland State Law Review

In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …

Duty To Light Exterior Of Premises, Ralph J. Rosenthal

Cleveland State Law Review

This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …

Real Estate Finance: The Discount Point System And Its Effect On Federally Insured Home Loans, Edwin T. Hood, James A. Kushner

Faculty Works

No abstract provided.

Book Review: Riparian And Littoral Rights By Carroll Dunscombe (1970), Richard C. Ausness

Law Faculty Scholarly Articles

This book review examines Riparian and Littoral Rights by Carroll Dunscombe (1970).

Property—A Warranty Of Habitability Is Implied By Operation Of Law Into Leases Of Urban Dwelling Units, James E. Kelly

Buffalo Law Review

Javins v. First Nat'l Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), cert. denied, 39 U.S.L.W. 3227 (U.S. Nov. 24, 1970).

Economic Development Of Indian Lands, Roger L. Tuttle

University of Richmond Law Review

If anything be true of the United States in the second half of the Twentieth Century, it is the rise of humanism and social consciousness on the part of most Americans. The near-universal test applied today to one's personal or group relationships is whether justice is served. The salient examples of the fruit of this concern are the achievements which have been made toward bringing "first class citizenship" to the Negro-American through school desegregation, establishment of uniform nondiscriminatory voting requirements, abolition of separate rest rooms and waiting rooms, and the opening of housing and transportation facilities equally to all. The …

The Innkeeper's Lien And Due Process

University of Richmond Law Review

The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.

Property Assessment Remedies For The Kentucky Taxpayer, Richard C. Stephenson

Kentucky Law Journal

No abstract provided.

Property Tax Revenue Assessment Levels And Taxing Rates: The Kentucky Rollback Law, William L. Stevens

Kentucky Law Journal

No abstract provided.

Property Tax Assessment Administration In Kentucky, Walter W. Turner

Kentucky Law Journal

No abstract provided.

Public Schools: Serrano V. Priest--A Challenge To Kentucky, Jack G. Stephenson, Richard C. Stephenson

Kentucky Law Journal

No abstract provided.

The Property Tax--A Withering Vine, Jerry W. Markham

Kentucky Law Journal

No abstract provided.

The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper

Michigan Law Review

The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.

Residential Tenants And Their Leases: An Empirical Study, Warren Mueller

Michigan Law Review

Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …

Landlord And Tenant - Retaliatory Evictions. Dickhut V. Norton, 45 Wisc. 2d 389, 173 N.W.2d 297 (1970), Michael E. Kris

William & Mary Law Review

No abstract provided.

"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham

Vanderbilt Law Review

It has become almost an article of faith that "fair market value"constitutes the only fair and workable measure of damages for a landowner whose real property has been taken for public use. The courts apply it woodenly;' the magic words are solemnly intoned to jurors, commissioners, and arbitrators. Even the learned scholars in the field give it at least implicit recognition. Moreover, it continues to flourish despite widespread public dissatisfaction with both the substantive test for damages and the procedures through which the land is obtained. The taking of private property for the federal interstate highway and urban renewal programs, …