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Property Law and Real Estate Commons™

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1988

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 120 of 130

Full-Text Articles in Property Law and Real Estate

Protection Of National Parks Through Buffer Zones: Does It Amount To A Fifth Amendment Constitutional Taking?, Daniel J. Anderson Mar 1988

Protection Of National Parks Through Buffer Zones: Does It Amount To A Fifth Amendment Constitutional Taking?, Daniel J. Anderson

Brigham Young University Journal of Public Law

No abstract provided.


An Introductory Note And Dedication, Bernard E. Jacob Mar 1988

An Introductory Note And Dedication, Bernard E. Jacob

Hofstra Property Law Journal

No abstract provided.


Supreme Court Land Use Rulings: Responsible Controls Are Not Endangered, David Doheny, Paul W. Edmondson Mar 1988

Supreme Court Land Use Rulings: Responsible Controls Are Not Endangered, David Doheny, Paul W. Edmondson

Hofstra Property Law Journal

No abstract provided.


The Impacts And Issues Surrounding The Regulatory Confiscation Of Real Property, Douglas Short Mar 1988

The Impacts And Issues Surrounding The Regulatory Confiscation Of Real Property, Douglas Short

Brigham Young University Journal of Public Law

No abstract provided.


X. Real Property Law Mar 1988

X. Real Property Law

Washington and Lee Law Review

No abstract provided.


The Rights Of Creditors Under Article 2a, Steven L. Harris Feb 1988

The Rights Of Creditors Under Article 2a, Steven L. Harris

All Faculty Scholarship

No abstract provided.


An Update On The Legal Chameleon: Florida's Homestead Exemption And Restrictions, Donna Litman Jan 1988

An Update On The Legal Chameleon: Florida's Homestead Exemption And Restrictions, Donna Litman

Faculty Scholarship

No abstract provided.


The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York Jan 1988

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.


Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee Jan 1988

Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee

Fordham Urban Law Journal

While the caveat emptor (buyer beware) theory has traditionally applied to real estate purchases, courts are continuously recognizing a brokers' duty to disclose. Some courts have found duty under an agent-principal relationship; others have found a duty as a matter of public policy, statutory language, ethics codes, or malpractice case law. Courts also differ on whether brokers have a duty to investigate the property and disclose defects. The author recognizes three issues of broker liability about which courts are divided: (1) the level of culpability required to find broker liability; (2) the basis of a real estate broker's duty to …


First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard Jan 1988

First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard

Villanova Law Review (1956 - )

No abstract provided.


Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano Jan 1988

Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano

Fordham Urban Law Journal

This note examines how not-for-profit institutions and private developers are engaging in innovative transactions pushing transferable development rights (TDRs) to new extremes. The Board of Estimate has created exceptions to its own zoning laws to benefit not-for-profits, for instance, by allowing transfer of unused development rights to previously impermissible distances. This note explores whether TDR transactions involving not-for-profit organizations have set precedents that will thwart traditional urban planning objectives. The note examines the history of TDRs and recent radical applications involving Grand Central Terminal, South Street Seaport, and Old Slip. The author ultimately balances the creative applications of TDRs with …


Impact Fees: Et Tu, Illinois, 21 J. Marshall L. Rev. 489 (1988), Wendy U. Larsen, Michelle J. Zimet Jan 1988

Impact Fees: Et Tu, Illinois, 21 J. Marshall L. Rev. 489 (1988), Wendy U. Larsen, Michelle J. Zimet

UIC Law Review

No abstract provided.


Nollan V. California Coastal Commission: Unprecedented Intrusion Upon A State's Judgment Of The Proper Means To Be Applied In Land Use Regulation, 21 J. Marshall L. Rev. 641 (1988), Mary M. Cizerle Jan 1988

Nollan V. California Coastal Commission: Unprecedented Intrusion Upon A State's Judgment Of The Proper Means To Be Applied In Land Use Regulation, 21 J. Marshall L. Rev. 641 (1988), Mary M. Cizerle

UIC Law Review

No abstract provided.


Declaration Of Restrictions, Easements, Liens, And Covenants: An Overview Of An Important Document, 22 J. Marshall L. Rev. 69 (1988), Robert Kratovil Jan 1988

Declaration Of Restrictions, Easements, Liens, And Covenants: An Overview Of An Important Document, 22 J. Marshall L. Rev. 69 (1988), Robert Kratovil

UIC Law Review

No abstract provided.


Summary Seizure Of Personalty To Satisfy Delinquent Taxes: The Predictable Death Of West Virginia's Distraint Statute, Susan B. Saxe Jan 1988

Summary Seizure Of Personalty To Satisfy Delinquent Taxes: The Predictable Death Of West Virginia's Distraint Statute, Susan B. Saxe

West Virginia Law Review

No abstract provided.


"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan Jan 1988

"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan

Fordham Urban Law Journal

Although New York lower courts have held that security precautions are an essential element in making an apartment habitable, the New York Court of Appeals has not yet spoken on this issue. Therefore, in the absence of legislative clarification, the extent of security mandated under New York's warranty of habitability is uncertain. This Note examines the development of the warranty of habitability to include security precautions and discusses the status of a "warranty of security" in New York. The Note then proposes guidelines to determine whether a New York landlord has breached a duty to provide adequate security under section …


Comments: The Continued Expansion Of The Public Use Requirement In Eminent Domain, Jonathan Neal Portner Jan 1988

Comments: The Continued Expansion Of The Public Use Requirement In Eminent Domain, Jonathan Neal Portner

University of Baltimore Law Review

No abstract provided.


Real Property And Real Estate Transactions, Fred I. Feinstein, Timothy G. Mcdermott Jan 1988

Real Property And Real Estate Transactions, Fred I. Feinstein, Timothy G. Mcdermott

Loyola University Chicago Law Journal

No abstract provided.


Recent Developments In Family Law: Property Division At Dissolution, Mary Kay Kisthardt Jan 1988

Recent Developments In Family Law: Property Division At Dissolution, Mary Kay Kisthardt

Faculty Works

The law pertaining to the division of property at dissolution has undergone substantial change in recent years. This is due primarily to the adoption of principles of equitable distribution. These principles require the courts to define "marital" property and to develop guidelines to determine how and in what proportion such property is to be divided. This Article will survey some of the significant developments in Missouri in this important area of family law.


Department Of Real Estate, R. Venberg Jan 1988

Department Of Real Estate, R. Venberg

California Regulatory Law Reporter

No abstract provided.


Little House Of Horrors: May A Condominium Association Be Held Liable For Failure To Provide Adequate Security Or Maintenance In The Common Areas?, Phyllis M. Rubinstein, William A. Walsh Jr. Jan 1988

Little House Of Horrors: May A Condominium Association Be Held Liable For Failure To Provide Adequate Security Or Maintenance In The Common Areas?, Phyllis M. Rubinstein, William A. Walsh Jr.

University of Richmond Law Review

The use of the condominium form of ownership has grown at a rapid pace. Since 1961, when Congress authorized the Federal Housing Administration to insure mortgages on condominium dwellings, the lawmaking bodies of every state and the District of Columbia have passed enabling legislation that provides for the creation of a condominium regime with a statutory base. The condominium is a unique form of property ownership, which now constitutes a significant percentage of all new housing starts. Although the development of the condominium has many positive aspects, the unique structure of a typical condominium regime has presented the legal community …


Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard Jan 1988

Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard

Campbell Law Review

This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.


The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts Jan 1988

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.


Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt Jan 1988

Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt

Fordham Urban Law Journal

This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.


The New Judicial Roles In Illinois Mortgage Foreclosures, Eric T. Freyfogle Jan 1988

The New Judicial Roles In Illinois Mortgage Foreclosures, Eric T. Freyfogle

Loyola University Chicago Law Journal

No abstract provided.


How To Do A Perpetuities Problem, John Makdisi Jan 1988

How To Do A Perpetuities Problem, John Makdisi

Cleveland State Law Review

The most difficult aspect of the rule against perpetuities is figuring out a sure-fire way to determine whether an interest created in a conveyance is valid or invalid. The meaning of the rule itself is not hard to fathom. Whenever the interest might vest too remotely it is invalid, and it becomes possible to vest remotely if there is a chance that it could vest more than twenty-one years after everyone alive at the time of the conveyance has died. Whether the interest violates the rule against perpetuities is determined at the moment the conveyance creating the interest becomes effective. …


Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan Jan 1988

Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan

Cleveland State Law Review

The "gentle readers" may be surprised by the analogy suggested between the reform of landlord-tenant law and the experience of Alice and the Queen. However, the events surrounding the enactment of Amended Substitute Senate Bill 103 were as perplexing as those in Lewis Carroll's story. Those opposing real reform, principally the real estate industry, were successful in weakening the proposed legislation. Consequently, the primary goal of the sponsors of landlord-tenant legislation in Ohio was not met by the legislation finally enacted. As this Article will demonstrate, the interpretation of the Act by the courts of Ohio has proven true the …


The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Jan 1988

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Faculty Scholarship

No abstract provided.


The Adverse Possession Of Personal Property, Patty Gerstenblith Jan 1988

The Adverse Possession Of Personal Property, Patty Gerstenblith

Buffalo Law Review

No abstract provided.


U.S. District Court Upholds Department Of The Interior's Sale Of Coal Mining Leases, Peter R. Lucchesi Jan 1988

U.S. District Court Upholds Department Of The Interior's Sale Of Coal Mining Leases, Peter R. Lucchesi

William & Mary Environmental Law and Policy Review

No abstract provided.