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Consent, Coercion, And "Reasonableness" In Private Law: The Special Case Of The Property Owners, Robert G. Natelson

Faculty Law Review Articles

This article examines property owner association decision making and the current standards of judicial review that prevail in reported cases.

Part II outlines the factual and legal background of property owner associations. Part III provides an overview of the consent/coercion debate. Part IV addresses regulation without consent. Part V analyzes measuring utility under the efficiency principle. Part VI examines measuring harm under the unanimity and compensation principles. Part VII explores protection of personhood interests.

Running With The Land In Montana, Robert G. Natelson

Faculty Law Review Articles

This article examines Montana statutory sections on covenants running with the land and their life in the Montana courts. Part II outlines the common law of running covenants as it appeared on the eve of codification. Part III describes the origin and theory of the Field Civil Code. Part IV examines the original intent of the codifiers and legislature that adopted the statutes regulating land covenants. Part V reviews relevant Montana case law regarding these statutes. Part VI offers suggestions regarding changes in Montana jurisprudence of land covenants.