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2009

Property Law and Real Estate

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Articles 1 - 30 of 228

Full-Text Articles in Law

Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons Dec 2009

Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons

University of Michigan Journal of Law Reform

The Kelo decision has unleashed a tidal wave of legislative reforms ostensibly seeking to control eminent domain abuse. But as a policy matter, it is impossible to determine what limits should be placed upon local government without understanding how cities grow and develop, and how local governments make decisions to shape the communities over which they preside. This Article examines takings through two very different models of urban political economy: public choice theory and the quasi-Marxist Urban Growth Machine model. These models approach takings from diametrically opposite perspectives, and offer differing perspectives at the margin regarding proper and improper condemnations. …

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No Tax For "Phantom Income": How Congress Failed To Encourage Responsible Housing Consumption With Its Recent Tax Legislation, Rue Toland Dec 2009

No Tax For "Phantom Income": How Congress Failed To Encourage Responsible Housing Consumption With Its Recent Tax Legislation, Rue Toland

Chicago-Kent Law Review

In the midst of the recent housing crisis, Congress passed two key pieces of federal tax legislation in an attempt to stem the tide of foreclosures and prevent further economic collapse. These two bills, the Mortgage Forgiveness Debt Relief Act in 2007 and the Housing and Economic Recovery Act in 2008, both sought competing goals: lessening the harm to existing homeowners, and encouraging purchases by new homebuyers. However, neither bill adequately addressed one of the root causes of the housing crisis, namely homeowners obtaining mortgages that, for whatever reason, they could not afford. Indeed, the tax incentives these bills created …

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Real Property, Linda S. Finley Dec 2009

Real Property, Linda S. Finley

Mercer Law Review

The survey period, from June 1, 2008 to May 31, 2009, has been a volatile period for attorneys who regularly practice in areas involving real estate. Each day the media is replete with stories involving the country's historic economic crisis, and the effects can be seen in Georgia neighborhoods and in resulting legislation. Given our point in history, the cases and legislation discussed in this Survey were chosen for their significance to real property law and to update attorneys who regularly or occasionally practice or render opinions regarding real estate law.

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Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Davené D. Walker, Kelley B. Gray Dec 2009

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Davené D. Walker, Kelley B. Gray

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law handed down by Georgia appellate courts between June 1, 2008 and May 31, 2009. The cases surveyed fall primarily within five categories: (1) zoning; (2) condemnation; (3) nuisance and trespass; (4) easements and restrictive covenants; and (5) miscellaneous.

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Tax Issues In Real Estate Workouts, Peter J. Genz Nov 2009

Tax Issues In Real Estate Workouts, Peter J. Genz

William & Mary Annual Tax Conference

No abstract provided.

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Brokers’ Commissions Under Conditional Contracts, Roger Bernhardt Nov 2009

Brokers’ Commissions Under Conditional Contracts, Roger Bernhardt

Publications

This article discusses the California decision in RC Royal Dev. & Realty Corp. v. Standard Pac. Corp. finding it a cautionary warning to clients who try too hard to avoid honoring their obligation to pay a commission owed to their broker.

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Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley Nov 2009

Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

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Is There A Role For Insurance In A Title Registration System?, Joyce Palomar Oct 2009

Is There A Role For Insurance In A Title Registration System?, Joyce Palomar

Joyce Palomar

No abstract provided.

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Guest Commentary—Retain Solar Access In Code, K.K. Duvivier Oct 2009

Guest Commentary—Retain Solar Access In Code, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Good news: The Denver City Council is poised to enact the first comprehensive update to the Denver zoning code in 53 years. This new code could put Denver in the forefront as a progressive planning city and could serve as a blueprint for communities throughout the nation. Bad news: While the new code’s context- and form-based approach may improve transportation efficiencies in some parts of the city, in other respects it represents a step backward for sustainability, specifically for solar access.

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Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power Oct 2009

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Garrett Power

No abstract provided.

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Summary Of Citizens For Cold Springs V. City Of Reno, 125 Nev. Adv. Op. No. 16, Kristopher Milicevic Oct 2009

Summary Of Citizens For Cold Springs V. City Of Reno, 125 Nev. Adv. Op. No. 16, Kristopher Milicevic

Nevada Supreme Court Summaries

Appeal from a district court’s decision to grant the City of Reno’s motion to dismiss for a failure to state a claim. The question on appeal is whether the Citizens for Cold Springs had standing under NRS 268.668 to challenge a land annexation when they did not own the property being annexed.

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Warren County, Kentucky - Equity Court Cases (Mss 137), Manuscripts & Folklife Archives Oct 2009

Warren County, Kentucky - Equity Court Cases (Mss 137), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 137. This collection contains the extant Equity Court cases for Warren County, Kentucky, from Case #1 (1802) to Case #1977 (1856). The cases are arranged in numerical order. Information in this finding aid includes: case number, plaintiff, defendant, date, number of documents related to the case and notes. To search this document, download it and then use the "Find" function. When searching for a name, it is suggested that you search only the surname. Please remember to search for variant spellings, as there are many in these early records.

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Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils Oct 2009

Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils

Cornell Law Faculty Working Papers

The Chinese state does not allow rural collectives to sell land, but takes land from them and makes it available on the urban property market. While rural land rights are thus easily obliterated, the newly created urban rights in what used to be rural land enjoy legal protection. The state justifies these land takings by the need for urbanization and economic growth. The takings have resulted in an impressive contribution of the construction and property sector to state revenue and GDP growth, but also in unfairness toward peasants evicted from their land and homes. The example discussed here shows that …

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Solar Rights, Sara C. Bronin Oct 2009

Solar Rights, Sara C. Bronin

Cornell Law Faculty Publications

The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …

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Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry Oct 2009

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.

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Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene Oct 2009

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about the …

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Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman Oct 2009

Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith Oct 2009

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.

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Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose Oct 2009

Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.

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Scaling Property With Professor Ellickson, Lee Anne Fennell Oct 2009

Scaling Property With Professor Ellickson, Lee Anne Fennell

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.

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Private Norms And Public Spaces, Nicole Stelle Garnett Oct 2009

Private Norms And Public Spaces, Nicole Stelle Garnett

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.

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Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland Oct 2009

Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland

Faculty Scholarship

No abstract provided.

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Bad Timing For Deeds In Lieu, Roger Bernhardt Oct 2009

Bad Timing For Deeds In Lieu, Roger Bernhardt

Publications

This article discusses the right of redemption and the rule against clogging and why a deed in lieu that is given after the mortgage has already been executed may be enforceable notwithstanding that one given at the same time as the mortgage is not.

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The Endangered Future Of Mfordable Housing Exactions, Roger Bernhardt Oct 2009

The Endangered Future Of Mfordable Housing Exactions, Roger Bernhardt

Publications

This article is a discussion between Professor Roger Bernhardt of Golden Gate University School of Law and Professor David Callies of University of Hawaii’s William S. Richardson School of Law as to whether a city’s affordable housing impact fees, set-asides, and/or exactions pass constitutional muster.

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Pierson V. Post: The New Learning, Daniel R. Ernst Oct 2009

Pierson V. Post: The New Learning, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

Pierson v. Post, 3 Caines 175 (N.Y. 1805), one of the most commonly assigned cases in the first-year Property course, was a dispute over the ownership of a fox discovered at large “upon a certain wild and uninhabited, unpossessed and waste land, called the beach.” For a very long time, all that was known about the case, other than the report itself, was a vivid but antiquarian account published in the Sag Harbor Express of October 24, 1895, by the judge and local historian Henry Parsons Hedges (1817-1911). Hedges claimed to have met Jesse Pierson (1780-1840) and Lodowick Post …

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A Lender's Guide To Obtaining Title Insurance Benefits (Moderator), Joyce Palomar Sep 2009

A Lender's Guide To Obtaining Title Insurance Benefits (Moderator), Joyce Palomar

Joyce Palomar

No abstract provided.

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A Tenant's Right To Set-Off, Michael Weir Sep 2009

A Tenant's Right To Set-Off, Michael Weir

Michael Weir

In this article the author will discuss the attributes of set-off at common law and in equity. The decision of British Anzani (Felixstowe) Ltd ν International Marine Management (UK Ltd), has provided an impetus to the doctrine of equitable set-off in its application to leases. This case confirms α considerable latitude to a tenant to set off liquidated and unliquidated damages against rental. The author will then discuss the rules of set-off against a landlord constituted by a mortgagee in possession. This discussion will reveal that the application of set-off in that circumstance is dependent upon the local statutory provisions …

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Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power Sep 2009

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Garrett Power

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …

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The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power Sep 2009

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Garrett Power

No abstract provided.

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High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power Sep 2009

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Garrett Power

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.

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