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Full-Text Articles in Law

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement?, Ronald H. Rosenberg Oct 2016

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement?, Ronald H. Rosenberg

Florida State University Law Review

No abstract provided.


Deeds And The Determinancy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan Apr 2016

Deeds And The Determinancy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan

Florida State University Law Review

The land one holds is generally only as good as the property rights contained in the deed. The rights contained in the deed are only as good as the ability to get those rights enforced. And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from the point of conveyance. This Article pens the term “determinacy norm” to explain a collection of rules for the interpretation of deed terms that aim to make the meaning of deed terms de-terminate. I contend that, in order to satisfy the determinacy norm for deed interpretation, courts must (and …


Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie Jan 1998

Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie

Florida State University Law Review

No abstract provided.


A Measured Step To Protect Private Property Rights, David L. Powell, Robert M. Rhodes, Dan R. Stengle Oct 1995

A Measured Step To Protect Private Property Rights, David L. Powell, Robert M. Rhodes, Dan R. Stengle

Florida State University Law Review

No abstract provided.


Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos Vargas Oct 1995

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos Vargas

Florida State University Law Review

No abstract provided.


Private Property Rights Legislation: The "Midnight Version" And Beyond, Kent Wetherell Jan 1994

Private Property Rights Legislation: The "Midnight Version" And Beyond, Kent Wetherell

Florida State University Law Review

No abstract provided.


A "New American Land Ethic": Utilizing The Endangered Species Act To Settle Land Disputes, Kelly A. O'Keefe Jan 1994

A "New American Land Ethic": Utilizing The Endangered Species Act To Settle Land Disputes, Kelly A. O'Keefe

Florida State University Law Review

No abstract provided.


Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis Apr 1993

Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis

Florida State University Law Review

No abstract provided.


To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes Jan 1992

To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes

Florida State University Law Review

A Practitioner's Guide to Development Impact Fees. By James C. Nicholas, Arthur C. Nelson, and Julian C. Juergensmeyer. American Planning Association: Planners Press. 1991. Pp. 294. $54.95.


Construction Lien Law Reform: The Equilibrium Of Change, Fred R. Dudley, William A. Buzzett, Deborah Kaveney Kearney Jan 1991

Construction Lien Law Reform: The Equilibrium Of Change, Fred R. Dudley, William A. Buzzett, Deborah Kaveney Kearney

Florida State University Law Review

No abstract provided.


Personal Property Leasing In Florida: Moving 2a Uniform Treatment, James E. Foster, David G. Shields Jan 1991

Personal Property Leasing In Florida: Moving 2a Uniform Treatment, James E. Foster, David G. Shields

Florida State University Law Review

No abstract provided.


New Life For The Agency Theory: Commissioner V. Bollinger, 108 S. Ct. 1173 (1988), Linda J. Griffiths Jan 1989

New Life For The Agency Theory: Commissioner V. Bollinger, 108 S. Ct. 1173 (1988), Linda J. Griffiths

Florida State University Law Review

No abstract provided.


The Effect Of The Warranty Of Habitability On Low Income Housing: "Milking" And Class Violence, Duncan Kennedy Oct 1987

The Effect Of The Warranty Of Habitability On Low Income Housing: "Milking" And Class Violence, Duncan Kennedy

Florida State University Law Review

Housing for the poor suffers in quantity and quality as tenement landlords "milk" still viable buildings, allowing them to deteriorate and become uninhabitable at a rate that outstrips construction of new housing. As a result, the rate at which the poor filter up into higher quality buildings slows, crowding low income tenants into fewer, more run down buildings. Professor Kennedy postulate that selective enforcement of a warranty of habitability can maximize the useful lives of tenement buildings, and, contrary to the "mainstream" view, exert downward pressure on rents while increasing the supply of low income housing.


Johnson V. Davis, 480 So. 2d 625 (Fla. 1985), Biff Craine Jul 1986

Johnson V. Davis, 480 So. 2d 625 (Fla. 1985), Biff Craine

Florida State University Law Review

Real Property-SELLERS' LIABILITY FOR NONDISCLOSURE OF REAL PROPERTY DEFECTS


Bonifay V. Garner, 445 So. 2d 597 (Fla. 1st Dca 1984), James S. Ford Jul 1985

Bonifay V. Garner, 445 So. 2d 597 (Fla. 1st Dca 1984), James S. Ford

Florida State University Law Review

Real Property-ADVERSE POSSESSION, RIPARIAN RIGHTS, IMPLIED EASEMENTS: AN INTERRELATION OF ISSUES


Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad Jan 1983

Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad

Florida State University Law Review

Constitutional Law/Property-RESTRICTIVE COVENANTS: DO THEY APPLY TO PUBLIC BODIES?


The New Mortgages: A Functioning Legal Analysis, Christopher Caswell Jan 1982

The New Mortgages: A Functioning Legal Analysis, Christopher Caswell

Florida State University Law Review

No abstract provided.


Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly Jan 1981

Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly

Florida State University Law Review

Waters and Waterways-PUBLIC USE-THE EFFECT OF PROPERTY LAW AS A LIMITATION ON FEDERAL NAVIGATIONAL SERVITUDE


Bessemer V. Gersten, No. 52,264 6 Fla. L.W. 78 (Sup. Ct. Feb. 8, 1979), Jeffrey H. Abrams Oct 1979

Bessemer V. Gersten, No. 52,264 6 Fla. L.W. 78 (Sup. Ct. Feb. 8, 1979), Jeffrey H. Abrams

Florida State University Law Review

Real Property-HOMESTEAD-LIEN FOR RECREATIONAL RENTAL ARISING FROM NONPAYMENT WILL PREVAIL OVER BUYER'S HOMESTEAD RIGHT


Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall Jul 1978

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.


Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman Jul 1977

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.


Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr. Jul 1977

Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.

Florida State University Law Review

No abstract provided.


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

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.


Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman Apr 1973

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

Florida State University Law Review

No abstract provided.