Law Commons^™

Some Points Re Perpetuity - Code And Regulations

William & Mary Annual Tax Conference

No abstract provided.

Excerpt From Kaufman Brief

William & Mary Annual Tax Conference

No abstract provided.

Tax Notes Article, Stephen J. Small

William & Mary Annual Tax Conference

No abstract provided.

Environmental Law - Long Beach Unified School District V. Dorothy B. Godwin Living Trust, Et Al., And Mobil Oil Corporation, Powerine Oil Company: Determining The Scope Of Easement Holder Liability Under Cercla, Heidi P. Poppe

Golden Gate University Law Review

In Long Beach Unified School Dist. v. Dorothy B. Godwin California Living Trust, the Ninth Circuit held that the holder of an easement burdening land which contains a hazardous waste facility is not, by virtue of that interest alone, liable for cleanup costs as an "owner or operator" under the Comprehensive Environmental Response Compensation and Liability Act (hereinafter "CERCLA"). The court reasoned that under common principles of property law, easement holders have a limited right to use the land of another but do not own the land itself, and therefore, should not be considered owners for the purposes of CERCLA …

Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon

Golden Gate University Law Review

Before the Cable Act became law, a number of obstacles had retarded cable television's growth and development. One such obstacle involved private landowners, especially real estate developers and landlords. By the 1980s, many developers were attempting to physically exclude franchised cable television disseminators from their developments so that the resulting captive audience could be served, on an exclusive basis, by the developer or someone with whom the developer had contracted. These exclusionary practices represented a serious problem, since it is estimated that half of all new residential construction in the United States is now in the form of planned or …

Conservation Easements And Adaptive Management, Jesse Richardson

Law Faculty Scholarship

The perpetual nature of conservation easements makes adaptive management difficult on easement property. Various easement provisions may be used to incorporate adaptive management principles into a conservation easement, but various factors, including state statutory requirements and Internal Revenue Code requirements for deductibility, limit the flexibility of management on conservation easement lands. Jesse Richardson discusses how conservation easements limit implementation of adaptive management principles on protected lands. Case studies of conservation easements that now fail to fulfill the original conservation purpose, but are locked into perpetual conservation, illustrate the limitations of conservation easements. Richardson also discusses likely future conflicts between conservation …

Nonuse And Easements: Creating A Pliability Regime Of Private Eminent Domain, Sally Brown Richardson

Sally Brown Richardson

Nonuse and Easements: Creating a Pliability Regime of Private Eminent Domain analyzes nonused easements based on the entitlement-protections of property standards and liability rules created by Guido Calabresi and Douglas Melamed in their landmark work, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral. The article takes a comparative approach in its evaluation by studying both the common law and civil law rules pertaining to nonused easements. The common law applies a classic property standard that protects the holder of the easement from the nonconsensual termination of his easement regardless of whether the easement is ever used; …

Solar Rights For Texas Property Owners, Sara C. Bronin

Cornell Law Faculty Publications

In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …

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 …

Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona

37 slides

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.

Solar Rights, Sara C. Bronin

Sara C. Bronin

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 …

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

Repairing Facade Easements: Is This The Gift That Launched A Thousand Deductions?, Martha Jordan

Martha W. Jordan

This article explores the impact of such a covenant on the characterization for tax purposes of expenditures to maintain the facade. In particular this article explores the following question: Given that the charitable easement holder owns a nonpossessory interest in the facade, which imposes on the charity an obligation to repair and maintain the facade and entitles it to benefit from increases in the value of the facade, is a donor's assumption of the charity's obligation to repair the facade an additional charitable contribution to the charity? If a donor gratuitously makes improvements to property owned outright by a charity, …

Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs

University of Richmond Law Review

This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.

Slides: Ecotrust Forests, Bettina Von Hagen

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Bettina Von Hagen, Ecotrust Forests, OR

25 slides

Agenda: Community-Owned Forests: Possibilities, Experiences, And Lessons Learned, Communities Committee, University Of Montana. School Of Forestry. Bolle Center For People And Forests, Wilderness Society (U.S.), Nature Conservancy Of Montana, Swan Ecosystem Center, Northwest Connections, Blackfoot Challenge, Flathead Economic Policy Center, Pinchot Institute For Conservation, American Forests, University Of Colorado Boulder. Natural Resources Law Center

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Community-owned forests may be the answer for some U.S. communities now confronting unanticipated and unwanted large scale land use changes – changes that could irrevocably change their local landscapes and quality of life. Across the country, millions of acres of private forest lands are being put up for sale as the forest products companies who own them find other, cheaper sources of supply. If, as is likely, purchasers divide and convert the forests to residential or other development uses, nearby communities face losing the critical economic, environmental, recreational, social, cultural, and aesthetic values and benefits those forests have traditionally provided. …

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Articles

No abstract provided.

Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann

Articles

No abstract provided.

Of Property And Antiproperty, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

Private property is widely perceived as a potent prodevelopment and anticonservationist force. The drive to accumulate wealth through private property rights is thought to encourage environmentally destructive development; legal protection of such property rights is believed to thwart environmentally friendly public measures. Indeed, property rights advocates and environmentalists are generally described as irreconcilable foes. This presumed clash often leads environmentalists to urge public acquisition of private lands. Interestingly, less attention is paid to the possibility that the government may prove no better a conservator than private owners. Government actors often mismanage conservation properties, collaborating with private developers to dispose of …

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.

Easements On Tribal Sovereignty, Todd Miller

American Indian Law Review

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Property Law, W. Wade Berryhill

Law Faculty Publications

As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session. Several judicial decisions, although none could be described as landmark determinations, are of interest and clarify points of law. These cases, as well as selected items of legislation which are believed to be of the most practical interest to …

Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris

Missouri Law Review

The Missouri law of easements might not be the place one would expect to find a progressive development of the law. Over the past four decades, some courts have begun to shake up Missouri's approach to relocation of easements, while still paying lip service to the old rules. Although Missouri courts have neither openly nor uniformly recognized the new approach, it nonetheless guides some courts' decisions. With a few distinctions, Missouri courts have experimented with what amounts to adoption of the Restatement (Third) of the Law of Property's progressive stance.' An examination of Umphres reveals this modem approach to a …

Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma

Faculty Scholarship

No abstract provided.

Railroads Across Tribal Lands, Carye Cole Chapman

American Indian Law Review

No abstract provided.

Property Law: 1995 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel Iv

Faculty Scholarship

No abstract provided.