Law Commons^™

Tax Planning For Dispositions Of Real Estate, Charles H. Egerton

William & Mary Annual Tax Conference

No abstract provided.

Ethics And Real Property Practice, Joyce Palomar

Joyce Palomar

No abstract provided.

A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson

BYU Law Review

No abstract provided.

Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman

William & Mary Law Review

No abstract provided.

The Commercial Real Estate Laws Of The People's Republic Of China And Shenzhen: An Overview, David S. Kerzner

Vanderbilt Journal of Transnational Law

This Article surveys the changes in real estate laws that have occurred in China since 1980. It provides a comprehensive and specific overview of the foreign investment process, which should prove particularly useful to United States investors. The Article first provides general background on the evolution of Chinese real estate law, focusing on the granting and subsequent alienation of land use rights, as well as the recent development in the area of large parcels of land. The Article then examines the current state of real estate law in Guangdong Province, specifically in Shenzhen, and explains details such as transfer and …

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth

Faculty Publications

This article is intended to continue the dialogue begun by the proposed Restatement and has two distinct goals in this effort. Parts I through III argue that the position of the Restatement drafters is both legally and functionally sound and that bankruptcy courts should embrace and apply the proposed Restatement in administering distressed real estate developments. Part I reviews the reasoning articulated in the hotel bankruptcy cases, demonstrating how courts have applied the provisions of the Bankruptcy Code and state law in a formalistic manner to extinguish the hotel mortgagee's lien upon postpetition room revenues. Part II rejects the analysis …

Real Property: 1993 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Department Of Real Estate, P. Andronico

California Regulatory Law Reporter

No abstract provided.

The Legal Implications Of Residential Radon Contamination: The First Decade, Robert D. King

William & Mary Environmental Law and Policy Review

No abstract provided.

"Property" In The Fifth Amendment: A Quest For Common Ground In The Maze Of Regulatory Takings, David C. Buck

Vanderbilt Law Review

In 1922, the Supreme Court embarked on its first decision to protect property owners from unbridled, uncompensated government regulation. Prior to Pennsylvania Coal Co. v. Mahon, the courts applied the Just Compensation Clause of the Fifth Amendments only to "'direct appropriation[s]' of property ... or the functional equivalent of a 'practical ouster of [the owner's] possession.' " Mahon established that governmental regulation that affects an owner's use of his land may constitute a taking under the Fifth Amendment. In Mahon, Justice Holmes recognized the need for constitutional limits on the government's power to impair certain rights inherent in the ownership …

Putting It Together: Implications And Directions—Clashing Cultures, Clashing Economies, Clashing Values, Ed Marston

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

6 pages.

Contains references.

Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Mechanics' Liens: Creation, Perfection Or Enforcement In The Face Of A Stay, Robert H. Bowmar

Hofstra Property Law Journal

No abstract provided.

Native American Graves Protection And Repatriation Act: Does It Subject Museums To An Unconstitutional "Taking", Daniel J. Hurtado

Hofstra Property Law Journal

No abstract provided.

The Sound Marks The Song: The Dilemmas Of Digital Sound Sampling And Inadequate Remedies Under Trademark Law, Michael L. Baroni

Hofstra Property Law Journal

No abstract provided.

Security Interests In Intellectual Property: Towards A Unified System Of Perfection, Lisa M. Vaccaro

Hofstra Property Law Journal

No abstract provided.

End Matter

Hofstra Property Law Journal

No abstract provided.

Front Matter

Hofstra Property Law Journal

No abstract provided.

Reclaiming The Public Domain By Repeal Of The Mining Law Of 1872, Shelby D. Green

Hofstra Property Law Journal

No abstract provided.

Bily V. Arthur Young & Co.: An Unnecessary Return To Privity In Cases Of Auditor Negligence, William A. Sinacori

Hofstra Property Law Journal

No abstract provided.

Forfeited And Delinquent Lands: Resolving The Due Process Deficiencies, Carla W. Tanner

West Virginia Law Review

No abstract provided.

California Code Of Civil Procedure Section 580b Revisited: Freedom Of Contract In Real Estate Purchase Agreements, Jamie O. Harris

San Diego Law Review

Section 580b of the California Code of Civil Procedure makes purchase-money deeds of trust in California "nonrecourse" by prohibiting any deficiency judgment following foreclosure. In Spangler v. Memel, the California Supreme Court created an exception to the antideficiency rule of section 580b where the seller subordinated the buyer's purchase-money deed of trust to a construction loan deed of trust that was subsequently foreclosed, leaving the seller without security. This Article suggests that upon analysis of Spangler, the judgment is a misconceived attempt to protect sellers as a "class" from certain risks of real estate development, even though sellers of developable …

Department Of Real Estate, M. Wakefield

California Regulatory Law Reporter

No abstract provided.

Lucas V. South Carolina Coastal Council: Low Tide For The Takings Clause, Marshall Currey Cook

Mercer Law Review

In Lucas v. South Carolina Coastal Council, the United States Supreme Court held that when a state government regulation rendered a landowner's property totally valueless, the landowner must be compensated unless common law nuisance doctrine at the time of the taking prohibited the use forbidden by the regulation. The Supreme Court reversed the South Carolina Supreme Court and remanded the case to determine whether any principles of nuisance and property law existed that prohibited the forbidden use under the statute-the building of an occupiable improvement. This Casenote will only address the court's analysis of the Takings Clause part of …

The Social Origins Of Property, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

The takings clause of the United States Constitution requires government to pay compensation when private property is taken for public use.' When government regulates, but does not physically seize, property, the Supreme Court of the United States has had trouble defining when individuals have been deprived of property rights so as to give them a right to compensation. The takings clause serves "to bar Government from forcing some people alone to bear public burdens that, in all fairness and justice, should be borne by the public as a whole."' To determine when a regulation amounts to a "taking" of property …

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

7 pages.

New Legislative Approaches, Larry Morandi

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Strategies For Acquiring New Urban Water Supplies, Hamlet J. "Chips" Barry

Water Organizations in a Changing West (Summer Conference, June 14-16)

5 pages.

Overview Of Public And Private Options For Evolving Water Organizations, Lee Kapaloski

Water Organizations in a Changing West (Summer Conference, June 14-16)

15 pages (includes illustration).

Contains footnotes.