Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (14)
- Land Use Law (10)
- Constitutional Law (9)
- Housing Law (7)
- State and Local Government Law (7)
-
- Contracts (5)
- Civil Rights and Discrimination (4)
- Environmental Law (4)
- Health Law and Policy (4)
- International Law (4)
- Natural Resources Law (4)
- Social and Behavioral Sciences (4)
- Criminal Law (3)
- Legal Remedies (3)
- Water Law (3)
- Animal Law (2)
- Banking and Finance Law (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Entertainment, Arts, and Sports Law (2)
- Estates and Trusts (2)
- Family Law (2)
- Legal Education (2)
- Legislation (2)
- Oil, Gas, and Mineral Law (2)
- Religion Law (2)
- Social Welfare Law (2)
- Supreme Court of the United States (2)
- Keyword
-
- Property law (9)
- Eminent domain (7)
- Property rights (5)
- Tenant (5)
- Landlord (4)
-
- Ohio (4)
- Constitutional law (3)
- Just compensation (3)
- Nuisance (3)
- Possession and control (3)
- Rule against perpetuities (3)
- Caveat emptor (2)
- Common use (2)
- Contract (2)
- Conveyance (2)
- Covenant to repair (2)
- Damages (2)
- Deed (2)
- Discrimination (2)
- EPA (2)
- Environmental law (2)
- Exterior stairways (2)
- Fair Housing Act (2)
- Foreclosure (2)
- Gas (2)
- Homelessness (2)
- In vitro fertilization (2)
- Intellectual property (2)
- Interior stairways (2)
- Land banking (2)
- Publication Year
- Publication
- Publication Type
Articles 61 - 90 of 117
Full-Text Articles in Property Law and Real Estate
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink
After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink
Cleveland State Law Review
This Note will analyze the current state of real property tax law in Ohio and its relationship to H.B. 920. The tax reform provision of H.B. 920 will be separately analyzed from both the historical perspective surrounding its passage and the technical perspective of its mathematical calculations. A further analysis of the relationship between taxation by uniform rule under Article XII, § 2 of the Ohio Constitution will be undertaken. The conclusion will focus on a constitutionally valid solution to the problem of property tax reform while, at the same time, noting several essential and unusual questions.
Cities Within A City : On Changing Cleveland's Government, Burt W. Griffin
Cities Within A City : On Changing Cleveland's Government, Burt W. Griffin
Cleveland Memory
Burt W. Griffin has been a judge of the Common Pleas Court of Cuyahoga County, Ohio since January 3, 1975. From 1966 to 1975, he served as a legal aid lawyer in various capacities including Executive Director of the Cleveland Legal Aid Society and National Director of the Legal Services Program, U.S. Office of Economic opportunity. He was Assistant Counsel to the President's Commission on the Assassination of President Kennedy during 1964. Judge Griffin has been a life-long resident of Greater Cleveland. He was born in Cleveland's Hough section in 1932, lived in the Shaker Square area of Cleveland from …
Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus
Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus
Cleveland State Law Review
This note will examine the legal protection afforded to cultural resources located in the state of Ohio. It will begin with a brief description of the nature of cultural resources, the dangers confronting them and the resulting efforts to protect them through appropriate legislation. The changing concepts of cultural resources and their social values will be considered in a statutory context. The development of federal preservation law will be traced from the turn of the century to the present with emphasis on the diverse approaches employed by Congress. This discussion will demonstrate that a comprehensive body of federal legislation has …
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell
Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell
Cleveland State Law Review
The Ohio Revised Code, in the section referred to as the statute of conveyances, mandates, inter alia, that all leases of any interest in real property shall be signed by the lessor, attested to by two witnesses, and bear a certificate of acknowledgement subscribed to by a proper authority. Exempted from the operation of the statute are leases for a period of less than three years. Thus, all leases in Ohio, even the typical form lease for a residential apartment building, must comport with the formal requirements of the statute of conveyances if they convey a term of three or …
Egyptian Land Law: An Evaluation, David F. Forte
Egyptian Land Law: An Evaluation, David F. Forte
Law Faculty Articles and Essays
In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …
Real Estate Tax Shelters: How To Tell A Good Deal From A Bad Deal, Marvin Kelner
Real Estate Tax Shelters: How To Tell A Good Deal From A Bad Deal, Marvin Kelner
Cleveland State Law Review
That the purpose of these comments is to impart basic knowledge to the legal or financial advisor who is asked to render advice to his (or her) client (who is assumed to be in at least the 50 percent marginal income tax bracket) on whether to invest in a particular real estate tax shelter syndication. Hopefully, this article will enable such an advisor to give an informed opinion regarding the investment without holding himself out as an expert in real estate tax shelters. The following are my views with respect to important standards against which one can test the desirability …
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Cleveland State Law Review
The tax approach to profit realized from the sale or exchange of real property involves a complex determination of whether it is to be treated as ordinary income or a capital gain. This problem has plagued the practitioner for more than fifty years, and has produced a voluminous body of case law. Developments in recent years have resulted in some clarification, yet to a certain extent, decisions have merely complicated what was already complex.
Some Effects Of Extending The Navigation Season On The Great Lakes: A Need For Congressional Action, William Iii C. Hain Iii
Some Effects Of Extending The Navigation Season On The Great Lakes: A Need For Congressional Action, William Iii C. Hain Iii
Cleveland State Law Review
The thrust of this note is to probe that "natural right" as affected by the extended navigation season proposal. The basic conflict is one of competing rights and interests. On the one hand is a group of private citizens claiming a private right in the traditional use of the ice in its natural condition. On the other hand are those arguing in favor of the economic desirability of opening a vast, commercially rich region to year-round waterborne accessibility. In other words, there is a clash between conflicting private regional interests, and public national interests. It is the author's contention that …
Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller
Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller
Cleveland State Law Review
The Ohio Marketable Title Act became effective on September 29, 1961. The purpose of the Act is to simplify and facilitate land title transactions. This is accomplished by allowing the title examiner to search the record for title defects for only a specified period of years back in time; all claims prior to that period are extinguished. The period of time in Ohio is forty years. Therefore, if a person has a record chain of title for forty years, then any conflicting claims based upon any title transactions prior to that forty year period are extinguished. The basic concept is …
Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra
Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra
Cleveland State Law Review
With one exception noted later, Ohio courts have been loathe to accept the fact that enforcement of housing codes has been singularly ineffective on a large scale. Without an implied covenant of habit- ability in rental agreements, the indigent tenant today, living in squalid conditions and often lacking a viable alternative, has no effective means of bettering his condition. To remedy this problem, the Ohio legislature, on July 23, 1974, passed Amended Substitute Senate Bill Number 1032 defining the respective rights and obligations of landlords and tenants by holding the lessor of residential property to an implied covenant of habitability …
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Cleveland State Law Review
The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …
Visitors' Refusal To Leave Premises, Joseph Gibson
Visitors' Refusal To Leave Premises, Joseph Gibson
Cleveland State Law Review
Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …
Implied Warranty Of Habitability In Leases, Ira O. Kane
Implied Warranty Of Habitability In Leases, Ira O. Kane
Cleveland State Law Review
This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Cleveland State Law Review
The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as "the Torrens Law" 2 or "the land registration law" 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, …
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Cleveland State Law Review
In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Cleveland State Law Review
This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …
Percentage Leases: May Lessee Vacate Premises, Stuart F. Kline
Percentage Leases: May Lessee Vacate Premises, Stuart F. Kline
Cleveland State Law Review
A percentage lease is one which states a minimum rental, and, above that, an additional rental based upon a stated percentage of gross sales. The litigation posing the most difficulty in the area of percentage leases involves the right of the lessee to vacate the premises.
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Cleveland State Law Review
There are usually three parties to a real estate transaction; a seller, a buyer, and a real estate broker. The real estate broker is the middleman whose duty is to bring the buyer and the seller together. Ordinarily the real estate broker represents the vendor in that he has usually signed a listing contract to sell the vendor's home. The broker plays a significant role in the sale of property. It is he who guides the sale from beginning to end. Without the services of a real estate broker, most sales would never materialize. In order to understand the importance …
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Cleveland State Law Review
No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …
The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo
The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo
Cleveland State Law Review
An artisan who furnishes labor and materials for the repair of chattel property has a valid common law lien upon such property for the reasonable value of his labor and materials while he retains possession of the property. A common law lien has been defined as a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied.
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Cleveland State Law Review
The individual's right in eminent domain proceedings are spelled out by the United States Constitution-specifically, Amendment V, which provides that private property shall not be taken for public use without just compensation. Of course, the seeming simplicity of this constitutional provision belies the complexities involved in its application. For example, it is well settled that "just compensation" for a given piece of property must be measured interms of the fair market value of that property. But market values of real estate are apt to fluctuate even under normal conditions, and their behavior when a public acquisition is in the offing …
Bequests For Religious Services, James T. Brennan
Bequests For Religious Services, James T. Brennan
Cleveland State Law Review
The dedication of property for the saying of Masses or Kaddish atYahrzeit is a charitable use. The funds directed to be employed for these purposes aid the advancement of the Roman Catholic and Jewish religions to the same extent as other gifts to religious organizations of these faiths. In addition, the religious doctrines of these faiths declare that the religious services benefit the entire community and not merely the decedent remembered in the service. Probably, however, it would be best for courts to avoid the theological thicket in deciding whether or not a dedication of property for religious services is …
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Cleveland State Law Review
It would seem best to recognize that the old rule of waste, which was based on practically any physical change in the premises, is dead.The rule today would clearly seem to be that, to determine waste, one must decide whether or not the acts complained of violated the actual or presumed intention of the parties creating the estate. Certainly the least desirable approach to a determination of what is actionable waste is that which attaches liability to certain acts regardless of their desirability or practical context. It seems to be the rule today that the intention of the parties, or, …
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
Cleveland State Law Review
The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to …
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
Cleveland State Law Review
This article examins the liability of an abutting land owner or possessor, making special use of a public sidewalk, for injuries received by persons while on the sidewalk. An abutting owner is defined as "an owner of land which abuts, adjoins or is in close proximity." The definition includes the owner or possessor of property which abuts or adjoins land which legally constitutes a public right of way.