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2009

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Property Law and Real Estate

Institution
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Articles 1 - 30 of 55

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. …


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 …


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.


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.


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.


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.


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.


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.


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.


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.


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.


Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green Sep 2009

Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green

Pace Law Review

No abstract provided.


Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green Sep 2009

Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green

Pace Law Review

No abstract provided.


Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire Sep 2009

Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire

Pace Law Review

No abstract provided.


Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy Sep 2009

Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy

Pace Law Review

No abstract provided.


Nationalization, De-Nationalization, Re-Nationalization: Some Historical And Comparative Perspective, Mark A. Edwards Sep 2009

Nationalization, De-Nationalization, Re-Nationalization: Some Historical And Comparative Perspective, Mark A. Edwards

Pace Law Review

No abstract provided.


Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo Sep 2009

Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo

Pace Law Review

No abstract provided.


Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell Sep 2009

Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell

Pace Law Review

No abstract provided.


A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia Sep 2009

A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia

Pace Law Review

No abstract provided.


State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner Sep 2009

State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner

Pace Law Review

No abstract provided.


The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox Sep 2009

The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox

Pace Law Review

No abstract provided.


A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg Sep 2009

A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg

Pace Law Review

No abstract provided.


Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr. Aug 2009

Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr.

Washington International Law Journal

In Japan’s civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or “title-transfer security interest,” that is created by conveying legal title to the creditor, with a promise to restore it to the debtor upon repayment. Although best known today as a means to providing security in movables, jōto tanpo was originally an alternative means of mortgaging real estate, and this latter use of the interest is the subject of this Article. The two early attractions of the jōto tanpo interest to creditors were 1) the ability to avoid inefficient procedures for the enforcement of …


Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams Aug 2009

Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams

Washington International Law Journal

Like many post-conflict countries, Timor-Leste grapples with land conflicts that resulted from successive waves of property dispossession. Colonized by the Portuguese, invaded and occupied by the Indonesians, and briefly administered by the United Nations, Timor-Leste’s history has produced disjointed patterns of land tenure. These land tenure systems have given rise to five separate categories of land claimants, each of whom often have conflicting interests in property. While the newly independent country has taken steps to resolve conflicting land claims through legislation, existing law does not address the longstanding tensions underlying these conflicts, making it difficult for the courts to reach …


Adding Epicycles: The Inconsistent Use Test In Adverse Possession Law, Michael H. Lubetsky Jul 2009

Adding Epicycles: The Inconsistent Use Test In Adverse Possession Law, Michael H. Lubetsky

Osgoode Hall Law Journal

The common law courts in Ontario developed the Inconsistent Use Test (IUT) to assess claims of adverse possession. The IUT, however, often produces counter-intuitive results, which has led other jurisdictions to reject it and caused the Ontario courts to craft numerous exceptions and qualifications to the test that have left the state of the law on adverse possession very unclear. This article argues that the IUT actually represents an unconscious attempt by the Ontario judiciary to develop a functional equivalent to the civil law principle of "interversion," currently found in article 923 of the Civil Code of Quebec (CCO). It …


Escaping The Takings Maze: Impact Fees And The Limits Of The Takings Clause, Charles T. Switzer May 2009

Escaping The Takings Maze: Impact Fees And The Limits Of The Takings Clause, Charles T. Switzer

Vanderbilt Law Review

The cost of a new home in swanky Naples, Florida-home of charming shopping districts, lovely white-sand beaches, and more golf holes per capita than anywhere else in America-recently topped $450,000. Included in this cost is a staggering $33,000 impact fee bill from the county. Even amidst a meltdown in the housing industry and a severe economic slump, local politicians have refused to reconsider the high fees. Impact fees are levied by local governments on new developments to pay a share of the costs of providing public infrastructure for those developments. The money is used to improve sewers, roads, parks, and …


Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern May 2009

Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern

Michigan Law Review

The theory that one's home is a psychologically special form of property has become a cherished principle of property law, cited by legislators and touted extensively in the legal scholarship. Influential scholars, most notably Margaret Radin, have asserted that ongoing control over one's home is necessary for an individual's very personhood and ability to flourish in society. Other commentators have expounded a communitarian vision of the home as rooting individuals in communities of close-knit social ties. Remarkably, the legal academy has accepted these theoretical accounts of the home without demanding a shred of empirical evidence. The misplaced belief in the …


Are You Trying To Imply Something?: Understanding The Various State Approaches To Implied Covenants Of Continuous Operation In Commercial Leases, Jerald Clifford Mckinney Ii Apr 2009

Are You Trying To Imply Something?: Understanding The Various State Approaches To Implied Covenants Of Continuous Operation In Commercial Leases, Jerald Clifford Mckinney Ii

University of Arkansas at Little Rock Law Review

No abstract provided.


The Scope Of Title Examinations In West Virginia Revisited, John W. Fisher Ii Apr 2009

The Scope Of Title Examinations In West Virginia Revisited, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura Apr 2009

An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura

William & Mary Law Review

No abstract provided.