Law Commons^™

The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo

Cleveland State Law Review

An artisan who furnishes labor and materials for the repair of chattel property has a valid common law lien upon such property for the reasonable value of his labor and materials while he retains possession of the property. A common law lien has been defined as a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied.

The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy

Cleveland State Law Review

The individual's right in eminent domain proceedings are spelled out by the United States Constitution-specifically, Amendment V, which provides that private property shall not be taken for public use without just compensation. Of course, the seeming simplicity of this constitutional provision belies the complexities involved in its application. For example, it is well settled that "just compensation" for a given piece of property must be measured interms of the fair market value of that property. But market values of real estate are apt to fluctuate even under normal conditions, and their behavior when a public acquisition is in the offing …

The Zoning Variance Power - Constructive In Theory, Destructive In Practice, Ronald M. Shapiro

Maryland Law Review

No abstract provided.

Implied Warranty Of Habitability In Lease Of Furnished Premises For Short Term: Erosion Of Caveat Emptor

University of Richmond Law Review

At common law, the rule of caveat emptor applied to a lease of real property. Therefore, it was the tenant's duty to inspect the premises before leasing them to determine their safety and adaptibility to his needs. With the rare exceptions of fraud, misrepresentation or express warranty, the landlord was not liable to a tenant who was injured by defects in the premises. Under no circumstances was there an implied warranty in the lease of real property that the premises were suitable for occupancy. Today, the great weight of authority, in the absence of statute, is in accord with the …

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Eminent Domain--Just Compensation For Fast Land, Robert Mason Steptoe Jr.

West Virginia Law Review

No abstract provided.

Property--Implied Warranty Of Fitness In The Sale Of A New House, Ray Allen Byrd

West Virginia Law Review

No abstract provided.

Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson

West Virginia Law Review

No abstract provided.

Bosch And The Binding Effect Of State Court Adjudications Upon Subsequent Federal Tax Litigation, William E. Martin

Vanderbilt Law Review

One of the unique facets of American federalism involves the interaction of state court decrees which determine or characterize an individual's property rights with subsequent federal court litigation which imposes the federal tax burden upon those rights. While Congress determines what relationships are to be taxed, state law creates and state court adjudications measure these relationships.' In 1934 the Supreme Court formulated the standard that the state court decision was to be followed by a federal tax court in the absence of collusion, since the decree established the state "law" in regard to the relevant property. However, the definitional and …

From Common Law Logic-Chopper To Land-Use Planner: Eulogy For The Lawyer As Social Engineer, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Open Housing, Patrick David Deem

West Virginia Law Review

No abstract provided.

Conflict Of Laws -- Constitutionality Of State Statutes Governing Ability Of Nonresident Aliens To Receive Property Under American Wills: Zschernig V. Miller, Richard N. Hale

Vanderbilt Law Review

An excellent illustration of the vertical conflict of laws problem involves the ability of nonresident aliens to receive property under American wills. Traditionally, under the American federal system,the acquisition and transmission of property located within a state has been controlled by state law. Yet article I, section 10 of the United States Constitution imposes strict limitations on a state's power to deal with matters having a bearing on international relations, such matters being within the ambit of the national government. The supremacy of the national government in the general field of foreign affairs has been given continuous recognition by the …

Land Occupier Liability In Washington, Anon

Washington Law Review

The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …

State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon

Washington Law Review

The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …

Land Occupier Liability In Washington, Anon

Washington Law Review

The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …

State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon

Washington Law Review

The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …

Right To Picket On Quasi-Public Property

Washington and Lee Law Review

No abstract provided.

Children Trespassing On Chattels In The Public Domain

Washington and Lee Law Review

No abstract provided.

Divorce--Sale Of Property By Court Order, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.

Mandamus--Eminent Domain, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.

Current Developments Under Ucc - Article 9, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.

Zoning - Planned Unit Development, David J. Kozma

Duquesne Law Review

Borough Council is not precluded from rezoning land in accordance with a changed comprehensive plan, and the creation of a planned unit development district permitting a mixture of uses does not vest in the planning commission authority greater than that permitted under zoning enabling legislation.

Cheney v. Village At New Hope, Inc., 429 Pa. 626, 241 A.2d 81 (1968).

Torts - Landlord-Tenant, James S. Dillman

Duquesne Law Review

The Supreme Court of Pennsylvania has held that a lessor is liable in trespass for non-performance of a promise to repair which he orally made at the time of execution of the lease.

Reitmeyer v. Sprecher, 431 Pa. 284, 243 A.2d 395 (1968).

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Airport Noise Problem And Airport Zoning, Erwin Seago

Maryland Law Review

No abstract provided.

Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn

Articles

The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …

Bequests For Religious Services, James T. Brennan

Cleveland State Law Review

The dedication of property for the saying of Masses or Kaddish atYahrzeit is a charitable use. The funds directed to be employed for these purposes aid the advancement of the Roman Catholic and Jewish religions to the same extent as other gifts to religious organizations of these faiths. In addition, the religious doctrines of these faiths declare that the religious services benefit the entire community and not merely the decedent remembered in the service. Probably, however, it would be best for courts to avoid the theological thicket in deciding whether or not a dedication of property for religious services is …

Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

A Eulogy For The Old Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.