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Property Law and Real Estate Commons™

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St. Mary's University

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Articles 91 - 103 of 103

Full-Text Articles in Property Law and Real Estate

Mobile Home Financing., James N. Castleberry Jun 1973

Mobile Home Financing., James N. Castleberry

St. Mary's Law Journal

Abstract Forthcoming.


The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown Jun 1973

The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown

St. Mary's Law Journal

Abstract Forthcoming.


Public Impairment Of Right To Access Is Compensable., Larry W. Harrison Jun 1973

Public Impairment Of Right To Access Is Compensable., Larry W. Harrison

St. Mary's Law Journal

Abstract Forthcoming.


The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson Mar 1973

The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson

St. Mary's Law Journal

Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …


Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario Dec 1972

Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario

St. Mary's Law Journal

Abstract Forthcoming.


The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson Dec 1972

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson

St. Mary's Law Journal

Abstract Forthcoming.


Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery Dec 1972

Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery

St. Mary's Law Journal

Abstract Forthcoming.


Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan Mar 1972

Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan

St. Mary's Law Journal

This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …


Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier Dec 1971

Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier

St. Mary's Law Journal

Abstract Forthcoming.


The Texas Limited Partnership As A Vehicle For Real Estate Investment., Robert Leon Sonfield Jr. Mar 1971

The Texas Limited Partnership As A Vehicle For Real Estate Investment., Robert Leon Sonfield Jr.

St. Mary's Law Journal

The present trend of real estate investment is taking the form of utilizing the capital contribution of several persons rather than the former practice of an individual making such investments for his own account. These syndications, associations of several investors who combine their resources to acquire real estate property, allow for small investors to participate in real estate investment when they would not be able to otherwise. Syndications have available various legal forms, and it is essential that the syndication be structured in such a manner that it may achieved its desired goals. The ideal legal form for a syndication …


The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell Mar 1970

The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell

St. Mary's Law Journal

Abstract Forthcoming.


Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom Mar 1970

Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom

St. Mary's Law Journal

Abstract Forthcoming.


The Contested Will Case., Fred Erisman Mar 1969

The Contested Will Case., Fred Erisman

St. Mary's Law Journal

Abstract Forthcoming.