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Articles 1321 - 1350 of 1368
Full-Text Articles in Land Use Law
Parsons, Penn, Raup: Land Tenure, John C. Payne
Parsons, Penn, Raup: Land Tenure, John C. Payne
Michigan Law Review
A Review of Land Tenure. Edited by Kenneth H. Parsons, Raymond J. Penn and Philip M. Raup.
Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed.
Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed.
Michigan Law Review
The township school trustees brought actions under the Reverter Act to have the possibilities of reverter contained in the deeds to two currently unused school tracts declared invalid. In each case the trial court held that the possibility of reverter was alienable and that the Reverter Act was unconstitutional, being an ex post facto law and in violation of the due process clauses of the state and federal Constitutions. On appeal, held, reversed. Since possibilities of reverter in Illinois are merely expectancies subject to change, modification, or abolition by legislative action, the act does not result in an unconstitutional …
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
One of the most interesting and least explored questions in the law of property is the effect of zoning ordinances on the law of nuisance. Particularly interesting is the extent to which statutory authorization by zoning can legalize a use of land which, in the absence of a zoning ordinance, would constitute a nuisance. In order to understand this problem fully it is necessary to begin with a general analysis of the law of nuisance and the various classifications into which it has been divided by the courts.
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Michigan Law Review
A Review of Deskbook on Land Titles and Land Law. By Thomas J. McDermott.
Property - Restrictive Covenant Enforceable As Equitable Servitude, Julia Wilkins Willis
Property - Restrictive Covenant Enforceable As Equitable Servitude, Julia Wilkins Willis
William and Mary Review of Virginia Law
No abstract provided.
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Michigan Law Review
These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Michigan Law Review
One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Eminent Domain: Intergovernmental Conflicts
How Small A House? -- Zoning For Minimum Space Requirements, Val Nolan Jr., Frank E. Horack Jr.
How Small A House? -- Zoning For Minimum Space Requirements, Val Nolan Jr., Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Conservation Of Dwellings: The Prevention Of Blight
Conservation Of Dwellings: The Prevention Of Blight
Indiana Law Journal
No abstract provided.
Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.
Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.
West Virginia Law Review
No abstract provided.
Constitutional Law - Special Assessments - Property Owner's Right To Hearing Under Due Process Clause - Legislative Determination Of Benefits, Richard S. Brawerman
Constitutional Law - Special Assessments - Property Owner's Right To Hearing Under Due Process Clause - Legislative Determination Of Benefits, Richard S. Brawerman
Michigan Law Review
The California legislature created the Los Angeles Flood Control District, empowered a board of supervisors to construct improvements and acquire property necessary or useful for carrying out the purposes of the act, and provided for the organization of drainage districts within the flood control district. An amendatory act provided that the board of supervisors might accept a transfer of "all, but not less than all," improvements of defined classes lying within the flood control district, whereupon the district should become liable for principal and interest of bonds afterward maturing which had been issued by any drainage district to cover the …
Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook
Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook
Michigan Law Review
Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the …
Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler
Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler
Michigan Law Review
The recent legislation providing for housing and slum clearance raises the interesting and practical problem of whether a taking of land for such housing and slum clearance purposes by means of an eminent domain proceeding is condemnation for a "public use," within the meaning of that term in eminent domain proceedings. Such a taking was held to be for a public use in the recent case of Spahn v. Stewart.
Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions
Michigan Law Review
A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).
Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality
Michigan Law Review
Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …
Constitutional Law--Eminent Domain-Public Use
Constitutional Law--Eminent Domain-Public Use
Indiana Law Journal
No abstract provided.
Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr
Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr
West Virginia Law Review
No abstract provided.
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Real Property-Boundaries-Apportionment Of Excess Or Deficiency
Real Property-Boundaries-Apportionment Of Excess Or Deficiency
Indiana Law Journal
No abstract provided.
Boundary Agreements-Enforcement When In Existence For A Period Less Than Required To Pass Title By Adverse Possession
Indiana Law Journal
No abstract provided.
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Michigan Law Review
In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.
Eminent Domain-Municipal Corporations-Statutory Construction
Eminent Domain-Municipal Corporations-Statutory Construction
Indiana Law Journal
No abstract provided.
Property Owners' Consent Provisions In Zoning Ordinances, Harold C. Havighurst
Property Owners' Consent Provisions In Zoning Ordinances, Harold C. Havighurst
West Virginia Law Review
No abstract provided.
Book Review. Zoning Cases In The United States By Edward M. Bassett And Frank B. Williams, Frank Edward Horack Jr.
Book Review. Zoning Cases In The United States By Edward M. Bassett And Frank B. Williams, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Remedies Of A Landlord Against A Subtenant
The Remedies Of A Landlord Against A Subtenant
Michigan Law Review
As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …