Property Law and Real Estate Commons^™

Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman

Washington Law Review

In November 1995, Washington voters rejected Initiative 164, a revolutionary property rights law that would have required governmental entities to compensate landowners for any loss in property value due to regulations on land use, unless those regulations were designed to prevent a public nuisance. Despite the initiative's defeat at the polls, a strong property rights movement is likely to prompt legislators to consider implementing a percentage-loss formula for determining when regulators owe compensation to property owners. This Comment discusses the inherent police power of the state to regulate property use in the public interest and argues that percentage-loss laws would …

Markets And Law Reform: The Tension Between Uniformity And Idealism, James C. Smith

Scholarly Works

The most ambitious effort at uniform property legislation ever launched was the Uniform Land Transactions Act (“ULTA”) and its companion, the Uniform Simplification of Land Transfers Act (“USLTA”). Both Acts, however, met with singular failure in the sense of uniform legislative shunning and have not substantially influenced judges in their lawmaking roles. In published opinions, very few courts have relied upon the ULTA or USLTA positions for analogous support.

Why did a single state legislature, somewhere in America, not pass at least one of the Acts? We cannot tell for sure why the legislatures eschewed the USLTA and the ULTA. …

Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres

Cornell Law Faculty Publications

This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …

The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham

Osgoode Hall Law Journal

Tracing is conceptualized as the "following" of an object through an exchange transaction and into the product of that exchange. Why is this so and what are the consequences? This article argues that the presentation of tracing in the metaphysical language of transmutation allows the doctrine to be depicted as consistent with axiomatic notions of property that understand it as pre-political and that preclude judicial readjustment of proprietary rights. However, the metaphysical conceptualization of tracing gives the remedy a conceptual structure that has resulted in the doctrine developing dysfunctionally when compared with the normative justifications that motivated its initial development. …

Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day

Washington International Law Journal

Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …

Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker

William & Mary Environmental Law and Policy Review

No abstract provided.

Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii

Faculty Scholarship

No abstract provided.

A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This legal history article presents a new understanding of the nature of slave property. Slave property was divided and fragmented into many different interests including those with application to real property such life estates, remainders, shifting and spring interests, and leasehold interests. With regard to these interests, the article overlays the first-year, law-school property course onto slaves as property. Property interests in slaves were also divided by credit mechanisms including mortgages and secured credit transactions. Warranties are another example of divided property interests in slaves.

The fragmented, Hohfeldian nature of slave property distributed the stake that southerners had in the …

The Emperor Still Has Clothes: Fraudulent Conveyance Challenges After The Bfp Decision, 47 S.C. L. Rev. 563 (1996), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

No abstract provided.

Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond

UIC Law Review

No abstract provided.

Hate Speech And Enforcement Of The Fair Housing Laws, 29 J. Marshall L. Rev. 409 (1996), Michael P. Seng

UIC Law Review

No abstract provided.

Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey

UIC Law Review

No abstract provided.

Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff

UIC Law Review

No abstract provided.

Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner

Michigan Journal of Gender & Law

Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

The Amended And Reenacted Delinquent And Nonentered Land Statutes--The Title Examination Ramifications, Robert L. Shuman, Robert Louis Shuman

West Virginia Law Review

No abstract provided.

Trends: Recent Developments In Compensation For The Violation Of Property Rights, Angela Collier

Human Rights Brief

No abstract provided.

Ecra To Isra: Is It More Than Just A Name Change, Diana R. D'Alonzo, M. Kay Hennessy, Alysa B. Wakin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Zoning Adult Establishments In New York: A Defense Of The Adult-Use Zoning Text Amendments Of 1995, James E. Berger

Fordham Urban Law Journal

This article examines New York City's first attempt to regulate adult entertainment establishments through zoning provisions. Specifically, it discusses whether the adult-use zoning provisions comply with federal and state constitutional requirements, and it examines whether the adult-use amendments would cause a reduction in adult-use establishments in New York City, which would render the amendments constitutionally suspect, and whether its inclusion of topless bars renders the amendments overbroad. The author concludes that the adult-use amendments are consistent, with both federal and state constitutional requirements, and that the adult-use amendments will survive judicial scrutiny.

Takings And Property Rights Legislation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Over the years, regulatory takings case law has supported land use regulations by cloaking them with a presumption of validity and placing a heavy burden on their challengers of proving either that the regulation fails to substantially advance a legitimate public purpose or that it deprives the owner of all economically beneficial use of the land. Insulated in this way, regulators, on occasion, have transgressed the boundaries of fundamental fairness.

Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger

All Faculty Scholarship

Returning home from grocery shopping one evening last spring, a forty-two-year-old architect was killed in the presence of his wife and children on the street outside his St. Louis townhouse by a gunshot to the neck during an attempted carjacking.2 By the next morning, police had arrested and obtained a confession from a recently released parolee wearing an electronic ankle bracelet.3 Several homes in the neighborhood, previously considered to be generally free of serious crime, were listed for sale at the time of this incident. Human experience teaches that other homes are likely to be offered for sale in the …

Oklahoma's Archaic Half-Blood Inheritance Statute--Still Going: A Plea For Repeal, Nancy I. Kenderdine

Oklahoma Law Review

No abstract provided.

Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger

Maryland Law Review

No abstract provided.

“I Will Build My House With Sticks”: The Splintering Of Property Interests Under The Fifth Amendment May Be Hazardous To Private Property, 20 Harv. Envtl. L. Rev. 397 (1996), Maureen Straub Kordesh

UIC Law Open Access Faculty Scholarship

No abstract provided.

Constructing A New Theoretical Framework For Home Improvement Financing, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article, I advocate modification of the law governing home improvement financing. In section I, I discuss the prevalence of home improvement scams, the dual system of home improvement financing available to affluent and poor homeowners, and the social cost of home improvement scams. Despite attempts by lawmakers to protect homeowners from unscrupulous home improvement contractors and lenders, home improvement scams remain a significant consumer problem. Most victims of such scams are poor, minority, and elderly homeowners. These homeowners obtain home improvements and home improvement financing through a system with tremendous potential for abuse. In this system, contractors and …

An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich

Fordham Urban Law Journal

This article discusses the economic effects of residential zoning, and how zoning might be used to create more affordable housing for the poor in America. The author explains the three legal regimes of inclusionary zoning, namely, voluntary inclusion programs, mandatory set-asides with density bonuses, and mandatory set-asides without density bonuses. While he offers no advice on how to implement any of the three regimes, he notes that the choice between the pure buyer's remedy and an inclusionary program with set asides depends on the buying power of the target population. Based on the economic situation of that target population, a …

Notes: When A Contract For The Purchase Of Land Is Executed Prior To The Initiation Of A Suit Involving The Propertys Title, Lis Pendens May Be Precluded From Affecting The Purchaser's Interest Under The Doctrine Of Equitable Conversion. Deshields V. Broadwater, 338 Md. 422, 659 A.2d 300 (1995), Christopher J. Marchand

University of Baltimore Law Review

No abstract provided.

Relief To Subsequent Home Purchasers In Kentucky: The Past, Present, Future, And Franz, D. Brent Marshall

Kentucky Law Journal

No abstract provided.

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos

Scholarly Works

This Article discusses Florida’s 1995 Property Rights Act, which grants to private property owners an alternative cause of action, outside of takings law, when they are permanently denied reasonable use of their land by regulatory actions. The Act also grants alternative procedures for property owners, outside of the judicial and administrative process. Thus, the Act does not change Florida takings law nor does it alter the substance of Florida's sometimes controversial growth management laws.

This article reviews the political climate that made passage of the Act possible and places the property rights initiative in the historical context of populist politics. …

What We Talk About When We Talk About Property Rights - A Response To Carol M. Rose’S ‘Property As The Keystone Right?’, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In Property as the Keystone Right?, Professor Carol Rose examines the claim that the protection of property is an important-indeed, the most important-right conferred by our constitutional order. Although the equality of property rights with other constitutionally protected rights occasionally has been questioned, such instances are far outweighed by instances of rhetorical insistence upon the bedrock nature of individual property rights for our constitutional and democratic order. With the recent collapse of statist economies in other parts of the world, and the attempted transformation of those economies into market-driven, capitalist systems, the American idea of constitutional protection of individual property …