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Articles 1 - 13 of 13
Full-Text Articles in Law
Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes
Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Earlier this year, Liberian President Ellen Johnson Sirleaf made an unexpected commitment related to foreign investment in land and community land rights. In a meeting with communities who had raised concerns regarding a British company’s attempts to expand its palm oil production onto their customary land, the President effectively told those communities that they would have the right to say yes or no to further expansion, noting that the company could expand only with the affected communities’ approval.
Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin
Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin
Michigan Law Review
The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal transitions. Paradigmatically, a regulatory taking involves a government action that interferes with expectations about the content of property rights. Legal change has therefore always been central to regulatory takings claims. This Article argues that it does not need to be and that governments can violate the Takings Clause by failing to act in the face of a changing world. This argument represents much more than a minor refinement of takings law because recognizing governmental liability for failing to act means …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
Toward Win-Win Sustainable Development, Linda Moon
Toward Win-Win Sustainable Development, Linda Moon
Columbia Center on Sustainable Investment Staff Publications
An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.
A Funhouse Mirror Of Law: The Entailment In Jane Austen's Pride And Prejudice, Peter A. Appel
A Funhouse Mirror Of Law: The Entailment In Jane Austen's Pride And Prejudice, Peter A. Appel
Georgia Journal of International & Comparative Law
No abstract provided.
Land Trusts That Conserve Communities, James J. Kelly
Land Trusts That Conserve Communities, James J. Kelly
James J. Kelly Jr.
Much has been written about land trusts that conserve wilderness, agriculture or other environmentally beneficial uses that would be threatened by unfettered development. In the context of inner-cities, Community Land Trusts (CLTs) conserve neighborhoods. Like their environmental and agricultural counterparts, CLTs employ use restrictions to prioritize communally beneficial development. Conserving communities, however, requires other legal tools as well. CLTs create and sustain permanently affordable homes to break the market’s bias toward socioeconomic homogeneity. CLTs also make room, literally, for green space, sites of shared culture and other productive activities that the market tends to commercialize or marginalize. By sustaining a …
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy
Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy
University of Massachusetts Law Review
In the later part of 2012, news and media outlets gave widespread attention to the fact that people were living rent-free in homes across the United States while the property owners were left with the burden of evicting the unwanted company in order to gain rightful possession to their property. These stories were not isolated to low incomes areas. News broadcasts shed light on squatters making camp in high-end realty valued in the millions. At the same time, news outlets in the United Kingdom were reporting on the squatting topic, but with a different angle – a recent law criminalizing …
The Waters Are Rising! Why Isn't My Tax Basis Sinking? Why Coastal Land Should Be A Depreciable Asset In Light Of Global Warming And The Rise In Sea Level, Jason P. Oppenheim
The Waters Are Rising! Why Isn't My Tax Basis Sinking? Why Coastal Land Should Be A Depreciable Asset In Light Of Global Warming And The Rise In Sea Level, Jason P. Oppenheim
University of Massachusetts Law Review
Depreciation deductions are the Internal Revenue Code's method of allowing taxpayers to take deductions on long-term investments. Unlike normal deductions, depreciation requires the taxpayer to apportion the expense over the life of the asset. While most assets used for the production of income may be depreciated, the Internal Revenue Service and courts have never allowed land to be depreciated. The treatment of land as a non-depreciable asset is deeply rooted in the idea that it does not have a useful life -- it lasts forever. However, global temperature has risen rapidly over the past fifty years and is expected to …
Keeping A Foot In Each Camp: Adequate Public Facilities Ordinances As Both A Concurrency Tool And Means Of Generating Revenue, Andrew Balashov
Keeping A Foot In Each Camp: Adequate Public Facilities Ordinances As Both A Concurrency Tool And Means Of Generating Revenue, Andrew Balashov
University of Baltimore Journal of Land and Development
In late 2012 a bitter war was waged in a small Maryland town. Newspapers portrayed it as a David and Goliath type story; rural residents fighting big business developers to keep them from destroying their small town's charm and character. Yet underlying the conflict were commonplace issues of land use and planning, governed by a little known, yet surprisingly ubiquitous law, known as an Adequate Public Facilities Ordinance. To set the scene Frederick County, Maryland is like many other counties across the United States that are coping with the effects of growth and demographic change. In decades past its residents …
Judicial Takings: Musings On Stop The Beach, James E. Krier
Judicial Takings: Musings On Stop The Beach, James E. Krier
Articles
Judicial takings weren’t much talked about until a few years ago, when the Stop the Beach case made them suddenly salient. The case arose from a Florida statute, enacted in 1961, that authorizes public restoration of eroded beaches by adding sand to widen them seaward. Under the statute, the state has title to any new dry land resulting from restored beaches, meaning that waterfront owners whose land had previously extended to the mean high-tide line end up with public beaches between their land and the water. This, the owners claimed, resulted in a taking of their property, more particularly their …