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Articles 181 - 210 of 266
Full-Text Articles in Property Law and Real Estate
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
Seattle University Law Review
The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen
David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen
Seattle University Law Review
As the fastest-growing urban area in the United States—and due to its emerging national influence in commercial real estate development and leasing through transformational transactions such as Amazon’s recently completed national HQ2 search—the City of Seattle and related Washington State laws addressing the use of dual agency in commercial transactions present a unique backdrop for examining the findings and recommendations from a 2014 commercial real estate conflicts of interest research study and attendant report, described below, more than four years after its publication. In November 2014, a published research study report made a number of key observations about the existence …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr
Seattle University Law Review
This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.
The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey
Seattle University Law Review
In 2014, a nationwide survey by the National Law Center on Homelessness and Poverty found that the number of cities with ordinances that effectively criminalized vehicle habitation increased by 119% between 2011 and 2014. These ordinances take the form of metered street parking zones, permit-only parking zones, time restrictions, restrictions on vehicle operability, restrictions regarding licensing and registration, and even prohibitions directed specifically at vehicle habitation. Violations of these policies typically result in noncriminal citations imposing fees, requiring attendance at hearings, or inflicting other financial burdens, which nevertheless can have devastating impacts on someone with already limited resources. Additionally, the …
Priority Of Condominium Associations’ Assessment Liens Vis–À–Vis Mortgages: Navigating In The Super-Priority Lien Jurisdictions, Aušra Gaigalaitė
Priority Of Condominium Associations’ Assessment Liens Vis–À–Vis Mortgages: Navigating In The Super-Priority Lien Jurisdictions, Aušra Gaigalaitė
Seattle University Law Review
This Note will discuss the issues concerning laws regulating lien priority in association foreclosure sales and argue that lenders, because they are in the best position to do so, should implement proactive strategies to protect their interests in association foreclosures. Part I provides an overview of uniform law development and a history of Washington’s governing laws with a focus on recent problems relating to association lien priority. Part II presents analysis of the important court decisions applying the lien priority statute and discussion regarding current and proposed Washington law. Finally, Part III discusses potential solutions lenders should implement to balance …
Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer
Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer
Seattle University Law Review
Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …
Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter
Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter
Seattle University Law Review
Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community or …
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
Unjustifiable Expectations: Laying To Rest The Ghosts Of Allotment-Era Settlers, Ann E. Tweedy
Unjustifiable Expectations: Laying To Rest The Ghosts Of Allotment-Era Settlers, Ann E. Tweedy
Seattle University Law Review
During the allotment era, the federal government took land from tribes and parceled some of it out to individual tribal members, while, in most cases, selling off the remainder to non-Indian settlers. Those actions, which are properly understood as unconstitutional takings, have been reinforced through decades of Supreme Court precedent. Specifically, the Court has used the now repudiated federal allotment policy, which contemplated eventual abolition of tribal governments, to justify contemporary incursions on tribal jurisdictional authority as well as other limitations on tribal sovereign rights. In this way, the Court builds new injustices upon old ones. This Article responds to …
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Seattle University Law Review
This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …
Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys
Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys
Seattle University Law Review
This Review Essay has two aims. My more immediate aim is to assess where Merrill and Smith's contribution fits in the market for first-year Property casebooks. In short, Property: Principles and Policies represents an important advance in property pedagogy. By focusing thematically on exclusion's efficiency, Merrill and Smith have captured many important features of property overlooked by other casebooks. My longer-range aim is to advance the reclamation project Merrill and Smith have begun, by clarifying further the work that exclusivity does in property law. Property: Principles and Policies brings contemporary scholarship a long way toward appreciating the virtues of exclusivity, …
Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand
Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand
Seattle University Law Review
This Article will review the constitutional limitations that come into play when a state seeks to rehabilitate its failed electric utility restructuring plan. Under the Constitution, utilities are entitled to earn a reasonable return on the assets devoted to public service. A situation in which retail rates are frozen may result in denial of a compensatory return if the electric utility is incurring higher costs to generate or procure its power supply. This is the traditional "takings" argument based on the Fifth Amendment to the Constitution, as applied to the states under the Fourteenth Amendment. Apart from this commonly asserted …
Racially Restrictive Covenants In The State Of Washington: A Primer For Practitioners, Rajeev Majumdar
Racially Restrictive Covenants In The State Of Washington: A Primer For Practitioners, Rajeev Majumdar
Seattle University Law Review
Part II of this Comment will begin by examining the history of racially restrictive covenants, specifically the nature of covenants and the role of the federal government in both spreading and hindering the usage of such covenants. Part III will discuss the legal underpinnings of what makes such covenants unenforceable in Washington, and the best processes an attorney can use to remove them. Part IV will discuss a recent case that has significantly altered the collateral consequences of attempting to destroy racially restrictive covenants upon other associated covenants. As a result, those seeking to retain the benefits of other covenants …
Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent
Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent
Seattle University Law Review
This Comment is divided into six parts. Part II examines the historical and constitutional understandings and application of eminent domain and the public use requirement. Part III analyzes cases decided under the U.S. and Washington constitutions in which courts upheld condemnors' rights to abandon or fail to fulfill the public use of the condemned property. Part IV discusses cases outside of Washington in which courts have upheld the validity of takings even though the condemnor subsequently abandoned or failed to fulfill the public use. These cases illustrate the need for more substantive and procedural protections for condemnees. Part V argues …
Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley
Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley
Seattle University Law Review
Part II of this Comment provides a background of regulatory takings jurisprudence, outlining both the U.S. Supreme Court's and Washington courts' respective analyses of regulatory takings challenges under the takings clauses of both the U.S. and Washington Constitutions. Part III discusses the threshold compensation statutes that have been enacted by four states in an effort to remedy the problem of regulatory takings. Part IV examines Oregon's Measure 37 and the lawsuit that validated its constitutionality. Part V analyzes Washington's proposed property rights measure, Initiative 933, and argues that Washington needs a regulatory takings compensation statute. Finally, Part VI concludes that …
Thou Shalt Not Zone: The Overbroad Applications And Troubling Implications Of Rluipa's Land Use Provisions, Daniel P. Lennington
Thou Shalt Not Zone: The Overbroad Applications And Troubling Implications Of Rluipa's Land Use Provisions, Daniel P. Lennington
Seattle University Law Review
With five years of caselaw interpreting RLUIPA and a split among the courts regarding the breadth of the statute, now is an appropriate time to examine the statute's track record and consider its future. This Article will first examine RLUIPA's background, its text, and exactly what Congress intended when it passed the statute. Next, this Article will explain how courts have split on the application of RLUIPA's land use provisions, and in some cases, made it nearly impossible to zone churches, synagogues, mosques or any other religious land uses. Finally, this Article will propose a simple solution--an amendment to RLUIPA, …
Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes
Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes
Seattle University Law Review
On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …
The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till
The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till
Seattle University Law Review
This article surveys the contemporary status of Washington's navigability doctrine and public trust laws and proposes a solution to the increased conflicts between riparian property owners and recreational river users. Part II addresses the federal navigability jurisprudence that establishes the minimum standards for determining whether a river is navigable. Part III surveys the law of navigability and the public trust doctrine in Washington. Part IV highlights the importance of recreation to Washington residents. Part V analyzes how other jurisdictions, particularly Montana, have resolved conflicts between recreationalists and riparian property owners. Part VI argues that Washington should adopt a recreational boat …
The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace
The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace
Seattle University Law Review
The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Seattle University Law Review
This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …
Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell
Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell
Seattle University Law Review
This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …