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Full-Text Articles in Law
Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens
Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens
Nevada Supreme Court Summaries
The Court determined that a notice of completion’s recording date—not the date on which the notice is signed and notarized—signifies when the notice is “issued” to trigger “substantial completion” under NRS 11.2055(1)(b) for NRS Chapter 11’s construction defect statutes of repose.
Taking The Oceanfront Lot, Josh Eagle
Taking The Oceanfront Lot, Josh Eagle
Faculty Publications
Oceanfront landowners and states share a property boundary located between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the owner …
Southern Highlands V. San Florentine, 132 Nev. Adv. Op. 3 (Jan. 14, 2016), Kristen Matteoni
Southern Highlands V. San Florentine, 132 Nev. Adv. Op. 3 (Jan. 14, 2016), Kristen Matteoni
Nevada Supreme Court Summaries
Under the plain language of NRS 116.3116(4), “equal priority” is given to multiple HOA liens on the same property when those liens secure unpaid HOA charges and dues. When one lienholder of equal priority forecloses, all other liens are terminated. Nonetheless, all equal priority lienholders share in the foreclosure profit by either being paid in full when able to do so or, if sale profit is inadequate, through a pro-rata share of the proceeds. Thus, because the Foothills and Southern Highlands have equal priority liens, Foothills’ foreclosure terminated Southern Highlands lien, however Southern Highlands is entitled its allotment of the …
Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer
Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer
Articles
Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …
Do Progressive Property Scholars Really Want To Limit Nollan And Dolan To Administrative Exactions, Gregory M. Stein
Do Progressive Property Scholars Really Want To Limit Nollan And Dolan To Administrative Exactions, Gregory M. Stein
Scholarly Works
No abstract provided.
The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh
The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh
Faculty Scholarship
This chapter examines the relationship between private law and constitutional law in India, with particular emphasis on tort law. It considers the Indian Supreme Court’s expansion of its fundamental rights jurisprudence over the past thirty years, as well as its effort to transcend the public law/private law divide. It also explains how the Court’s fusion of constitutional law and tort law has affected the independent efficacy, normativity, and analytical basis of equivalent private law claims in India. It argues that the Court’s efforts have only undermined the overall legitimacy of private law mechanisms in the country, and that this phenomenon …