Property Law and Real Estate Commons^™

Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown

Law Faculty Publications

The tension between private property rights, human rights, and community are at an all time high in many parts of the world. Social and political changes along with the pressures of globalization call for a new look at the role of private property and its place within the framework of democratic societies.This book addresses the current status of eminent domain and takings law jurisprudence. The focus is the relationship between private property, individual rights and community. The work covers a variety of points of view with respect to the legal, economic, and socio-legal aspects of property and of takings law, …

The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol N. Brown

Law Faculty Publications

Proposals for investing in and rebuilding urban enclaves such as New Orleans are layered with controversy and difficulty. One of the most significant impediments to rebuilding New Orleans will be addressing the need to replenish the depleted rental housing market. Racial and economic integration of housing markets and appropriate use of private sector money to replenish the rental housing stock within a “reasonable” time period are indispensable components of a responsible revitalization and renewal plan. This Article contends that a combination of the smart exercise of eminent domain and of ”housing production subsidies” – housing tax credits – is necessary …

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections ofthe Virginia Code in its 2006 Session. In addition, there were sixopinions from the Supreme Court of Virginia during the periodcovered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Accrual Of Causes Of Action In Virginia, James W. Ellerman

University of Richmond Law Review

This article will examine major issues in Virginia law affecting the accrual of causes of action, specifically in the contexts of contract, tort, and property. In addition to surveying the basic accrual requirements for each area of law, this article will look more deeply into several specific issues that guide an accrual analysis particularly the distinction between causes and rights of action, as well as the continuous treatment, discovery, and economic loss rules.

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.

Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark D. Mcgarvie

Law Faculty Publications

Few people in America in the 1790s considered women to be equal to men legally and socially. Believers in gender equality were even rarer among elite southern males who lived in a society that relied upon patriarchal authority and prescribed roles, behaviors, and attitudes for its social leaders. In this context, St. George Tucker's personal and judicial expressions of women's rights evince an unusually progressive perspective that places him in the vanguard of social and legal reform in the early republic. This directly rebuts Christopher Doyle's assertions in his examination of Tucker's commitment to gender equality and social reform. It …

Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown

University of Richmond Law Review

Every state has an intestate succession statute that prescribes how the property of those who die without a will should be distributed. Every state also by statute authorizes the government to intervene in the parent-child relationship in the most draconian manner possible by involuntarily terminating parental rights. This article explores how the law functions at the intersection of these two statutory schemes-the inheritance regime, as expressed through intestate succession statutes, and the child welfare regime, as expressed through termination of parental rights statutes ("TPR statutes").

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affecting Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Virginia Attorney General over the past year. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.

The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham

University of Richmond Law Review

No abstract provided.

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown

Law Faculty Publications

For more than a century, conservation easements have been used in the United States to maintain open space or protect the environment. Such easements produce a public good. They increase the amount of protected landscapes by preserving property encumbered by easements from private development or consumption while simultaneously allowing grantors the flexibility to negotiate the retention of development rights tailored to meet the grantors' needs. My thesis is that private parties should have a common law property interest in conservation easements sufficient to confer standing to seek injunctive relief to enforce conservation easements and to sue for damages when they …

Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol N. Brown

Law Faculty Publications

When does resorting to random selection by casting lots produce a just distribution or allocation of property? Some argue generally in support of casting lots, asserting that it is a viable substitute for equal distribution of property. Others argue against casting lots, contending that it undermines distributive justice. This article considers instances of casting lots from the nineteenth century to the present and explains why the latter view is the better view.

The Antelope is one of the earliest United States Supreme Court cases addressing distribution of property by casting lots. It chronicles a dispute over the allocation of captured …

Real Estate And Land Use Law, Brian R. Marron

University of Richmond Law Review

No abstract provided.

Brief Of Alain De Foucauld As Amicus Curiae In R.M.S. Titanic, Inc. V. The Wrecked And Abandoned Vessel, John Paul Jones

Law Faculty Publications

From the Summary of Argument:

The court below erred in its judgment that the procès verbal of October 20, 1993 should be refused recognition because it is contrary to French law. Article 13 of Decree No. 61-1547 (Dec. 21, 1961) does empower a maritime affairs administrator to award goods to a salvor under the conditions of this case, and there is no basis, in the record or in comity, for a conclusion to the contrary. Legislative acts in Canada and the United Kingdom affording administrative officers in those countries similar powers in cases of wreck and salvage persuade that, to …

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

Taking The Takings Claim: A Policy And Economic Analysis Of The Survival Of Takings Claims After Property Transfers, Carol N. Brown

Law Faculty Publications

What ought to be the nature of an owner's right to pursue a regulatory takings claim when the regulation the owner seeks to challenge was in place when the owner acquired the regulated property? Some argue that an owner should not be entitled to challenge such a restriction as a Fifth Amendment taking if the property was already impaired by the regulation at the time the owner acquired it. Proponents of this view contend that allowing subsequent owners to challenge the enforcement of regulations, pre-dating their acquisition of title, and of which they had notice, would confer undeserved windfalls and …

Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez

University of Richmond Law Review

This article surveys judicial and legislative developments in Virginia property law from June 1, 2000, to June 1, 2001.

Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez

University of Richmond Law Review

This article surveys judicial and legislative developments in Virginia property law since the last Survey article on this topic was published, with primary emphasis on developments from June 1, 1998 to June 1, 2000. Although there were interesting developments in several areas of property law, the most important developments arose in the Supreme Court of Virginia's decisions involving covenants, servitudes, and easements. A significant portion of this article will explain and analyze those decisions.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Allan Wolf

Law Faculty Publications

In a troublesome area of the law, it is hard for a legal academic to resist the temptation to attempt to "enlighten" the judiciary. It has not been the author's practice to date, in ruminating on the profound puzzle of regulatory takings, to instruct judges concerning the errors of their ways. Because only an insider can be truly familiar with the nuances of a specific legal challenge and owing to a deep respect for the judicial craft, this writer has resisted the urge to preach. It has been a sufficiently provocative challenge to interpret the meanings and implications of decisions …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway

University of Richmond Law Review

The year 1997 proved to be exceptional in the relatively quiet area of property law. After a number of failed attempts, bills addressing the unauthorized practice of law were finally presented to the General Assembly and passed. Effective July 1, 1997, the Commonwealth of Virginia will regulate residential real estate settlements for the first time in its 390-year history.

Property And The First Amendment, Mark Cordes

University of Richmond Law Review

The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these decisions, where it has emphasized that property rights are to be taken seriously and are not a "poor relation" to other constitutional safeguards. This has led some commentators to suggest that recognition of property rights is becoming a primary agenda item of the Court.

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 …

Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf

University of Richmond Law Review

To the psalmist the age of seventy marks the end of one's days on earth, the last days so dimly lit in the poet's eyes. The calendar reminds us that 1996 marks the seventieth birthday of one of the most influential and enduring judicial decisions upholding the rights of communities to determine their demographic, economic, and societal future- Village of Euclid v. Ambler Realty Co. Case reporters, code compilations, and proposed legislation, along with treatises and law review articles warn us that the broad deference to regulators symbolized by the Euclid text is under attack. The eighth decade of constitutionally …

Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith

University of Richmond Law Review

This essay explores the place that the concept of property rights occupies in our constitutional system. The word "property" has been used in a number of ways in the history of our Republic.

Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker

University of Richmond Law Review

Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …