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Articles 61 - 90 of 154
Full-Text Articles in Property Law and Real Estate
A General Theory Of Eminent Domain, William B. Stoebuck
A General Theory Of Eminent Domain, William B. Stoebuck
Washington Law Review
In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …
Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon
Washington Law Review
The Wandermere Corporation owned one mile of frontage along an open-access highway. The state planned to build a drainage facility along the highway, wholly on state-owned property. Wandermere claimed that the proposed facility, an open ditch, would lower the underground water table on its land and interfere with access rights to its property. Wandermere further alleged that the Washington constitution prohibited such state interference with property rights until there was both a judicial determination that the project would be for a public use and until damages to the property had been ascertained and paid in the manner provided by law. …
Condominiums In Washington, Jerry W. Spoonamoore
Condominiums In Washington, Jerry W. Spoonamoore
Washington Law Review
The development of the condominium concept is a direct response to the problems of urbanization, increased costs of land ownership and the necessity of utilizing the diminishing resource of land in an efficient fashion. This comment surveys problems of management, taxation, financing, liability and insurance, and the relationship of these problem areas to Washington's 1963 Horizontal Property Regimes Act. The author concludes that, though the ramifications of the Act have not as yet been tested in the courts, and though the task of drafting condomium documents is made difficult by significant areas of uncertainty in the law, hazards can be …
Land Occupier Liability In Washington, Anon
Land Occupier Liability In Washington, Anon
Washington Law Review
The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
Washington Law Review
The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …
Land Occupier Liability In Washington, Anon
Land Occupier Liability In Washington, Anon
Washington Law Review
The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
Washington Law Review
The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …
Compensation For Highway Easements Over School Trust Lands, Anon
Compensation For Highway Easements Over School Trust Lands, Anon
Washington Law Review
The western territories of the United States were admitted to statehood by congressional enabling acts which specified that four sections of every township be held in trust by the respective states for support of public schools. Each of these enabling acts contains similar procedures for disposition of the trust lands and requires that the resulting revenues be held in trust subject to the same restrictions that apply to the land. Trust lands comprise a large area in each of the western states. Prior to the principal case the state courts were divided on the proper procedures for acquisition and compensation …
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Compensation For Highway Easements Over School Trust Lands, Anon
Compensation For Highway Easements Over School Trust Lands, Anon
Washington Law Review
The western territories of the United States were admitted to statehood by congressional enabling acts which specified that four sections of every township be held in trust by the respective states for support of public schools. Each of these enabling acts contains similar procedures for disposition of the trust lands and requires that the resulting revenues be held in trust subject to the same restrictions that apply to the land. Trust lands comprise a large area in each of the western states. Prior to the principal case the state courts were divided on the proper procedures for acquisition and compensation …
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Washington Law Review
It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …
Equity Exceeding Homestead Exemption Value Subject To Execution, Anon
Equity Exceeding Homestead Exemption Value Subject To Execution, Anon
Washington Law Review
An action was brought by the plaintiff widow to permanently enjoin a judgment creditor from satisfying a judgment on a community debt from the surplus equity in the homesteaded realty over the homestead exemption. Plaintiff and her husband, in 1956, filed a valid declaration of homestead on their residence in Washington, which was held as community property. In 1958, defendants were granted judgment against the plaintiff and her husband as a marital community. Plaintiff's husband died in 1961, and one of the defendants was appointed administratrix of his estate in Washington. A writ of execution was issued on defendant's judgment, …
Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon
Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon
Washington Law Review
A corporate promoter entered into an earnest money agreement which contemplated corporate purchase of real property. At the planned closing date, the incorporation process was incomplete. To avoid losing the property, the promoter entered into a real estate contract naming himself and two nominees as purchaser-trustees to hold the property in trust for the benefit of the proposed corporation. The one-percent real estate sales tax was paid by the seller, since the transfer to the trustees constituted a sale. One month later, the beneficiary was incorporated. Pursuant to the trust agreement, the trustees transferred the property to the corporation by …
Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon
Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon
Washington Law Review
Defendant's farm, including 550 acres devoted to production of cotton under an acreage allotment from the Department of Agriculture, was condemned by the federal government for an irrigation project. Defendant retained the right under section 1378 (a) of the Agricultural Adjustment Act to transfer its cotton quota to other property under its ownership, and did so. Trial before a jury resulted in an award to defendant based on the value of its property as a cotton farm, less the value of the section 1378 right retained. The government objected on the ground that the enhanced value to the land resulting …
Determination Of Time Of Taking Of Avigation Easement, Anon
Determination Of Time Of Taking Of Avigation Easement, Anon
Washington Law Review
Plaintiffs, owners of property lying under the flight path of planes using the airport owned and operated by defendant, brought inverse condemnation actions alleging defendant had acquired an avigation easement. Having concluded that the date of the taking was, as a matter of law, when the first regularly scheduled use of the runways in question began, the trial court dismissed the complaints because plaintiffs acquired their properties after that date. On appeal, a unanimous court reversed and remanded. Held: The taking of an avigation easement occurs, not when the first regularly scheduled commercial use of an airport commences, but when …
Property—Power Of Termination—Effect Of Failure To Exercise Within A Reasonable Time, Anon
Property—Power Of Termination—Effect Of Failure To Exercise Within A Reasonable Time, Anon
Washington Law Review
The Washington court recently considered the effect of prolonged silence and lack of affirmative action by the holder of a power of termination after a condition subsequent has been broken. In 1884, the grantor conveyed land to a water company. The deed required that the land be used for a right of way to conduct water, enforceable by a power of termination reserved to the grantor and his heirs. The land was subsequently conveyed to plaintiff by a deed subject to the same condition. Prior to 1905, the condition occurred when the land was set aside for park purposes. Not …
Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.
Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.
Washington Law Review
Improvements and innovations designed to meet modern-day requirements of mass public transportation have spawned a number of legal problems, many of which the courts have attempted to resolve under an expanding concept of eminent domain. This ancient power, by which a sovereign may appropriate private property to public use, has not been a static doctrine. Rather it has served as an umbrella under which a multitude of varied and intricate theories, rules, and limitations have been developed by the judiciary to keep up with the increasing complexities of governmental functions and responsibilities. In Washington it may well be that modern …
Washington's Alien Land Law—Its Constitutionality, Theordore Roodner
Washington's Alien Land Law—Its Constitutionality, Theordore Roodner
Washington Law Review
The law, currently extant in Washington, denying aliens who have not declared their intention in good faith to become citizens of the United States the right to own land, and the constitutional provision to the same effect have their beginnings in prejudice and mob violence. Although the modern application of the law has been directed almost solely at the Japanese residents of the state, at its inception it was probably aimed at the Chinese.
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Washington Law Review
In 1960 Congress adopted §§ 856-858 of the Internal Revenue Code with the avowed purpose of granting to the small investor in real estate the same federal income tax advantages that are afforded investors in regulated investment companies. However the tax advantages that are granted have not given rise to a general adoption of organizations which qualify for the tax advantages. The major reasons for this lack of interest are the complexity of the sections themselves, problems raised by the regulations (many of which have been rectified by the final regulations which were adopted April 28, 1962), and problems raised …
Annexation By Municipal Corporations, John E. Iverson
Annexation By Municipal Corporations, John E. Iverson
Washington Law Review
Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …
Real Property—Aboltion Of Rule In Shelley's Case—Testamentary Dispositions, Harold D. Johnson
Real Property—Aboltion Of Rule In Shelley's Case—Testamentary Dispositions, Harold D. Johnson
Washington Law Review
The state of title to an undetermined amount of realty in Washington was put in question by the Washington court's decision in Rubenser v. Felice. That case marked the end, in Washington, of an ancient and troublesome rule of law-the Rule in Shelley's Case—in testamentary dispositions of realty.
Foreword, Harry M. Cross
Foreword, Harry M. Cross
Washington Law Review
The enactment of Initiative 2081 in the 1960 election authorizes creation of joint tenancies in real and personal property in Washington generally. Many of the potential problems which may confront Washington lawyers because of the general availability of the joint tenancy device are discussed in this symposium. An orderly presentation of the arguments and identification of the particulars to be resolved will be fostered by the effort of the Review editors in assembling the material in this issue. I am sure that members of the Washington bar will agree that we owe a substantial debt to the authors. The discussions …
Joint Tenancy And Estate Planning, Charles B. Stacey
Joint Tenancy And Estate Planning, Charles B. Stacey
Washington Law Review
In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Washington Law Review
By Initiative No. 208, adopted and now codified as RCW 64.28, the former prohibition against joint tenancy with the right of survivorship has been repealed and substituted with ".... a form of co-ownership of property, real and personal, known as joint tenancy."' The proviso that the transfer shall not derogate from the rights of creditors raises serious questions of meaning and interpretation. If the proviso means that the rights of creditors will not be changed by joint tenancy ownership, then this article will serve little purpose. If the proviso is to be applied only to the creditors existing at the …
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Washington Law Review
Initiative Measure No. 2081 is necessarily brief and does little more than authorize in Washington "a form of co-ownership of property, real and personal, known as joint tenancy." In view of the prior history of joint tenancy with right of survivorship in Washington, so far as real property is concerned, practically the entire existing local law on the subject is provided by the initiative measure. This engrafts a new system of real property ownership onto the existing body of Washington real property law which has been in the process of development for over a century. This article must therefore deal …
Joint Tenancy And Community Property, Yale B. Griffith
Joint Tenancy And Community Property, Yale B. Griffith
Washington Law Review
The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
Washington Law Review
The inter vivos rights and remedies among joint tenants with respect to their common property are in general the same as those of other co-owners of property. Differences become most apparent upon the death of one tenant. During the period when all of the joint tenants are alive, they are included in the general group, "cotenants," the term for co-owners of property, and their rights and remedies for the most part fall within the rules governing co-tenants. Some exceptions will be considered here. One difference between the rules governing joint tenants and those governing other co-owners is that while service …
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Washington Law Review
The recent passage in Washington of Initiative No. 208 providing for creation of joint tenancies in real and personal property provides the occasion for a reconsideration of the current status of the statutory and case law in Washington relating to the effect given to "joint tenancy" accounts with right of survivorship. Such an account typically takes the form of a deposit opened in the name of the depositor and another, payable to either or to the survivor. Does such an account, by virtue of present statutes, in fact create a joint tenancy with all its incidents as known to the …
Private Easements In Public Ways, Morton G. Herman
Private Easements In Public Ways, Morton G. Herman
Washington Law Review
Two basic rights will be separately discussed in this Comment. First, the public right of user in streets dedicated for public use will be referred to as the "public easement"; and second, the private right of user created by estoppel, hereinafter called the "private easement." Although each is created in a similar manner, each propagates common as well as distinguishable property rights. In connection with the discussion of these easements, some reference will also be made to other analogous easements created by similar theories, for the purpose of furnishing background and comparison.