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Property Law and Real Estate Commons

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William & Mary Law School

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Articles 151 - 180 of 353

Full-Text Articles in Property Law and Real Estate

Reconstrucing Richard Epstein, Eduardo M. Penalver Dec 2006

Reconstrucing Richard Epstein, Eduardo M. Penalver

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Impact Of Richard A. Epstein, James W. Ely Dec 2006

Impact Of Richard A. Epstein, James W. Ely

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Dec 2006

Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Takings: An Appreciative Retrospective, Eric R. Claeys Dec 2006

Takings: An Appreciative Retrospective, Eric R. Claeys

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.


The Demise Of Federal Takings Litigation, Stewart E. Sterk Oct 2006

The Demise Of Federal Takings Litigation, Stewart E. Sterk

William & Mary Law Review

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …


Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin Oct 2006

Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin

William & Mary Law Review

No abstract provided.


Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan Oct 2006

Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Faculty Publications

No abstract provided.


Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds Mar 2006

Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds

William & Mary Law Review

In the last several decades, there has been a marked shift in local government financing away from the use of general revenue taxes and toward nontax revenue-raising devices such as exactions. This Article argues that the Supreme Court, in its exaction cases, missed a golden opportunity to slow this troubling trend toward the greater privatization of local government financing. In addition, it explains how the Court's exaction cases are inconsistent with the goal of burden distribution as reflected in the Court's takings jurisprudence. The Article proposes that the constitutional standard applied to exactions be reformulated to account explicitly for burden …


The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg Jan 2006

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler, Ilya Somin Jan 2006

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler, Ilya Somin

Faculty Publications

The Supreme Court’s recent decision in Kelo v. City of New London has rekindled the debate over “economic development” takings—condemnations that transfer property from one private owner to another solely on the ground that doing so might improve the local economy or increase tax revenue. While such takings have been condemned by many commentators on both the right and the left, environmentalists have been notably absent among Kelo’s critics. Some environmentalists have even defended the Kelo decision and the use of eminent domain to spur private economic development. At the same time, scholarly commentary on Kelo and other economic …


Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii Nov 2005

Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning For The Successful Real Estate Entrepreneur, Louis A. Mezzullo, Mary Ann Mancini Nov 2005

Estate Planning For The Successful Real Estate Entrepreneur, Louis A. Mezzullo, Mary Ann Mancini

William & Mary Annual Tax Conference

No abstract provided.


Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin Nov 2005

Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin

William & Mary Annual Tax Conference

No abstract provided.


Preserving Capital Gains In Real Estate Transactions, Stanley L. Blend, Richard M. Lipton Nov 2005

Preserving Capital Gains In Real Estate Transactions, Stanley L. Blend, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchange Outline, Richard M. Lipton, Thomas P. Rohman Nov 2005

Like-Kind Exchange Outline, Richard M. Lipton, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.


Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin, Andrea Macintosh Whiteway Nov 2005

Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin, Andrea Macintosh Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchanges And Involuntary Conversions (Related Articles) Nov 2005

Like-Kind Exchanges And Involuntary Conversions (Related Articles)

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article) Nov 2005

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments Affecting Real Estate And Pass Through Entities, Stefan F. Tucker, Richard M. Lipton Nov 2005

Recent Developments Affecting Real Estate And Pass Through Entities, Stefan F. Tucker, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article) Nov 2005

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchanges And Involuntary Conversions (Related Articles) Nov 2005

Like-Kind Exchanges And Involuntary Conversions (Related Articles)

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article) Nov 2005

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For Troubled Real Estate - Focus On The Solvent Taxpayer, Susan T. Edlavitch Nov 2005

Tax Planning For Troubled Real Estate - Focus On The Solvent Taxpayer, Susan T. Edlavitch

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal (Slides), Thomas P. Rohman, Richard M. Lipton Nov 2005

Capturing Capital Gain While Staying In The Deal (Slides), Thomas P. Rohman, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Give Me (And Let Me Sell) Credits: The Basics Of Historic Rehab And Land Preservation Credits Nov 2005

Give Me (And Let Me Sell) Credits: The Basics Of Historic Rehab And Land Preservation Credits

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For The Real Estate Owner (Including Choice Of Entity Considerations And Income Tax Issues In Acquiring Developing And Owning Real Estate), Stefan F. Tucker, Brian S. Masterson Nov 2005

Tax Planning For The Real Estate Owner (Including Choice Of Entity Considerations And Income Tax Issues In Acquiring Developing And Owning Real Estate), Stefan F. Tucker, Brian S. Masterson

William & Mary Annual Tax Conference

No abstract provided.


Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson Nov 2005

Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson

William & Mary Annual Tax Conference

No abstract provided.


Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan Nov 2005

Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan

William & Mary Law Review

No abstract provided.


Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker Oct 2005

Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker

William & Mary Bill of Rights Journal

No abstract provided.