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Land Use Law

Inalienability

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Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly Jan 2009

Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly

Journal Articles

Covenants and ground leases have been, and continue to be, used to create shared spaces that are fundamentally, and often invidiously, exclusive. Famously made a dead letter in the case of Shelley v. Kraemer, covenants banning resale to nonwhite households put the force of law behind the segregated birth of America’s suburbs. Today, gated residential communities and shopping malls assure a degree of class exclusivity through covenants and commercial ground leases, respectively. These same legal mechanisms, however, are now deployed to assure long-term inclusion as well.

Developers of affordable housing are creating homes that are not only beneficial to the …


Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly Jan 1994

Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly

Journal Articles

This student note takes an historical look at indigenous land tenure in Mexico and the role that limited alienability has played in sustaining indigenous agriculture from the time of the Aztecs up until the reforms enacted by the Salinas administration in Mexico in the early 1990's. As the piece was in edits, the Zapatista rebellion broke out and the text was amended to note the role that land tenure played in the uprising.