Law Commons^™

Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review

Michigan Law Review

This Note argues that the purchase of property subject to a lease may produce several types of depreciable interests. Part I of the Note examines the requirements for depreciability and the role that depreciation plays in tax law. It concludes that even where the method set out by Congress also accommodates other goals, depreciation primarily provides a way to recover costs during a depreciable asset's income-producing life. Part II applies these principles to the task of determining whether improvements - for example, buildings on the property subject to the lease - are depreciable in the purchaser's hands. It concludes that …

Applying The Reserved Rights Doctrine In Riparian States, Anita Porte Robb

North Carolina Central Law Review

No abstract provided.

Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein

Washington and Lee Law Review

No abstract provided.

Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy

West Virginia Law Review

No abstract provided.

Some Thoughts On The Decline Of Private Property, Joseph L. Sax

Washington Law Review

A case could be made for the proposition that property rights have been in a state of more-or-less continuous decline for many decades, and that there is nothing to report on that front but more of the same. I do not agree. I believe that we have moved in recent years from a situation (characterized by conventional urban zoning) in which we generally encourage developmental rights, though recognizing they must from time to time be restrained, to one in which developmental activity has itself become suspect. As a result, we are in the midst of a major transformation in which …

Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

The Unresolved Structure Of Property Rights In The Virginia Shore, Denis J. Brion

William & Mary Law Review

No abstract provided.

United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan

West Virginia Law Review

In the past decade the search for new and alternative energy sources has brought to the forefront a number of legal problems which have restricted the ability of industry to produce certain resources. Coalbed gas is one potential energy source whose development has been significantly impeded by legal questions. Ironically, the technical problems in coalbed gas exploitation, which in the past appeared insurmountable, have become secondary to the more complicated ownership issue. The uncertainty surrounding the ownership of coalbed gas rights has hampered development of this vital energy source. Surface owners and gas lessees have attempted to lay claim to …

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.

Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens

William & Mary Law Review

No abstract provided.

Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.

Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith

West Virginia Law Review

No abstract provided.

The Proceedings Of The Water Rights Symposium, Lynda L. Butler

William & Mary Law Review

No abstract provided.

Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Property, Joseph J. Starsick Jr.

West Virginia Law Review

No abstract provided.

The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey

William & Mary Law Review

No abstract provided.

Special Declarant Rights And Obligations Following Mortgage Foreclosure On Condominium Developments, Carol Jane Brown

William & Mary Law Review

No abstract provided.

Fiduciary Duties Related To Pension Fund Investment In Real Estate, Peter M. Kelly

Loyola University Chicago Law Journal

No abstract provided.

Lawyering In First-Year Property, Joseph P. Tomain

Faculty Articles and Other Publications

This essay discusses the use of a role-playing exercise in a large (70-100 students), first-year Property II course. The central focus of the course is land use. The author uses a Board of Adjustment hypothetical, with students in the roles of lawyer, client, expert, and member of the Board of Adjustment. I first used the problem to encourage fact analysis. Even second-semester first-year students too easily ignore facts and focus on the "rules of law" seemingly to the exclusion of all else. After using this method, however, it became apparent that many more learning opportunities present themselves. In addition to …

The Impact Of The "Foreign Investment In Real Property Tax Act Of 1980" On International Tax Treaties, Karin E. Landmann

LLM Theses and Essays

This thesis will focus on the problem of inconsistency between the new Act and contradictory treaty provisions in treaties with the Tax Haven Countries and Scandinavian Countries and seek possible solutions for such conflicts.

Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson

Faculty Publications

We first describe the several major types of mortgagor transfer restrictions, and the judicial and legislative responses to these restrictions before the Act. Second, we analyze the effect and coverage of the important provisions of the Act and its attendant regulation. The complex exceptions to the application of the Act known as “window periods” are then considered. These window periods were created by Congress in an attempt to soften the impact of the Act on states that previously restricted due-on-sale enforcement, and are based on preexisting state law. We examine the difficult standards for identifying such window periods and suggest …

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?

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission

Maine Collection

Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission

Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.

Originally Adopted in 1976; Revised in 1983.

Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices

Colorado "Buyer Brokerage": Does It Still Exist After Velten V. Robertson?, Robert G. Natelson

Faculty Law Review Articles

This article examines the decision in Velten v. Robertson which raises serious questions as to whether a purchaser of real property can employ a real estate broker on a commission basis with full confidence that the broker will be able to avoid conflicts of interest and thus limits effective commissioned real estate brokerage in Colorado to the representation of sellers.

Loretto V. Teleprompter Manhattan Catv Corp.: The Propriety Of A Per Se Rule In Takings Claims, 16 J. Marshall L. Rev. 419 (1983), Michael L. Gold

UIC Law Review

No abstract provided.

Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher

University of Richmond Law Review

Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …