Property Law and Real Estate Commons^™

The Relevance Of Water “Ownership” To Water Markets And Other Issues, Barton H. Thompson, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

31 pages.

Contains references.

Ownership Of Water Rights In Irrigation Water Delivery Organizations: An Outline Of The Major Issues, Jeffrey C. Fereday

Water Organizations in a Changing West (Summer Conference, June 14-16)

33 pages.

Contains footnotes.

Losing Sticks From The Bundle: Incompatibility Of Tenancy By The Entireties And Drug Forgeiture Laws, Barbara W. Sharp

Brigham Young University Journal of Public Law

No abstract provided.

Formalizing Interspousal Transfers Of Real And Personal Property In California, Kim M. Seavey

San Diego Law Review

In 1984, California had the simplest laws regarding interspousal transmutations of real and personal property of all community property states. Claiming that one's spouse had always referred to his or her separate property as "ours" could be enough for a court to find that a transmutation from separate to community property had occurred. In 1985, California enacted section 5110.730 of the Civil Code to help rid courts of litigation spawned by easy transmutation laws. By 1990, California's transmutation statute was considered the toughest of all community property states that allow interspousal transmutations. This Comment examines pre-1985 transmutation case law and …

The Legal Framework For Private Sector Activity In The Czech Republic, Cheryl W. Gray

Vanderbilt Journal of Transnational Law

In this Article, Dr. Gray discusses the evolving legal framework in the Czech Republic as the government there moves from a socialist to a private market economy. The author traces the major legal developments, including the Republic's establishment of significant private property rights and of a modern commercial code. The author finds that the Republic has made significant strides in developing a private market economy and in facilitating foreign investment. Dr. Gray concludes, however, that the new laws face significant challenges, including a weak and immature judicial system and problems with addressing business failures.

Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein

Cardozo Law Review

No abstract provided.

Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis

Florida State University Law Review

No abstract provided.

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …

The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek

Washington Law Review

In Lucas v. South Carolina Coastal Council, the United States Supreme Court established a two-part takings analysis. The first step is an "economically viable use" threshold question, subject to a nuisance exception. The second step is a balancing test in which courts weigh the public and private interests involved. Although this two-part analysis differs in structure from most lower court takings analyses, most courts already apply a functionally equivalent test. Therefore, unless the Court alters the unit of land to which it applies, this new analysis will have little effect on the outcome of takings challenges to land use regulations.

End Matter

Hofstra Property Law Journal

No abstract provided.

Front Matter

Hofstra Property Law Journal

No abstract provided.

Residential Real Estate Transactions: The Aids Influence, Florise R. Neville-Ewell

Hofstra Property Law Journal

No abstract provided.

Your Money And Your Life! Aids And Real Estate Disclosure Statutes, Michael Adam Burger, Lourdes I. Reyes Rosa

Hofstra Property Law Journal

No abstract provided.

Caveat Misrepresenter: The Real Estate Agent's Liability To The Purchaser, Clarance E. Hagglund, Britton D. Weimer, Ronald S. Berman, Hubert R. Weiss

Hofstra Property Law Journal

No abstract provided.

Ec Regulation Of The Banking Sector, Wendy Fowler

Hofstra Property Law Journal

No abstract provided.

The New York City Civil Forfeiture Law: Is It Going Too Far?, Julie A. Lefkowits

Hofstra Property Law Journal

No abstract provided.

A Brief Comment On Hiv And Aids, Louis W. Sullivan

Hofstra Property Law Journal

No abstract provided.

The Law Of Idea Misappropriation In New York: An Argument For Change, Kim Radbell

Hofstra Property Law Journal

No abstract provided.

Taxing Gains At Death, Lawrence Zelenak

Vanderbilt Law Review

No abstract provided.

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.

Department Of Real Estate, M. Wakefield

California Regulatory Law Reporter

No abstract provided.

Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article reviews the historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements, providing most of our modern law of land use and environmental protection. Until Lucas, the Takings Clause had not been treated as a charter establishing the courts as boards of revision to rethink and selectively veto legislative determinations in the land use field. Within the scope of “total takings,” however, Lucas has converted the Takings Clause from its original meaning and made it exactly that.

County Powers In Assisted Housing Programs: The Constitutional Limits In New York, John P. Dellera

Fordham Urban Law Journal

With the exception of facilities set aside for people who cannot live independently, the law has historically given counties in New York State little or no role in addressing housing issues, with decisions being left to private enterprise, municipalities, and public corporations. Proposals are thus regularly advanced to grant powers to county governments to initiate their own housing programs. In 1992, the Attorney General of New York State issued an opinion that departs form previous opinions of his office and invites greater county involvement in low-cost housing. This article argues that under New York law, the role of municipalities is …

When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell

Campbell Law Review

First, this Note will provide a brief history of landlord-tenant law, tracing the common law through the development of pro-tenant reforms. Then, this Note examines the distinction between a tenant and a guest and the legal consequences of that distinction. This Note also discusses the rationale behind the Baker decision and its legal implication. This Note concludes with suggestions of the broader ramifications of Baker.

The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey

Seattle University Law Review

Will critical areas and resource lands, as implemented under the GMA, effectively contribute to the conservation of wildlife and wildlife habitat in Washington? The remainder of this Article will address that question. First, this Article briefly describes some aspects of biological diversity that must be understood before proceeding further. Second, it sets forth several central principles from modern conservation biology that are essential for maintaining habitat integrity and species viability and considers their applicability to critical areas and resource lands, as defined by the GMA. Third, it explains how these principles could be used to identify and protect habitat remnants …

The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm

UIC Law Review

No abstract provided.

Mandatory Disclosure Law: A Statute For Illinois, 27 J. Marshall L. Rev. 155 (1993), John H. Scheid

UIC Law Review

No abstract provided.

Reclaiming The Public Domain By Repeal Of The Mining Law Of 1872, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This paper offers an analysis of the new allocation of burdens and benefits in the use of public lands as contemplated by the proposed legislation. In Part III, I discuss the acquisition of property rights under the General Mining Law of 1872. In Part IV, the theory of property in general is explained along with the types and nature of property interests inhering in, and arising from, a mining claim. I explain the recent efforts in Congress to reform the mining law in Part V and the concept of a taking of property in general in Part VI. I discuss …

The Treatment Of Nominee Corporations For Income Tax Purposes, Norton L. Steuben

Seattle University Law Review

This Article traces the development of the nonentity and agency approaches to the treatment of nominee corporations. The nonentity approach had a short lifespan and is of little use today. The agency approach, in contrast, experienced a period of development that resulted in a complex six-factor test that was employed in at least three circuits. When a conflict in the application of the six-factor test developed, the Supreme Court in Commissioner v. Bollinger enunciated a different approach and established a new, more workable standard. This Article explores the limitations of that standard as well as its practical application for planners.

Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw

Seattle University Law Review

No abstract provided.