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Articles 61 - 90 of 92
Full-Text Articles in Property Law and Real Estate
Sudden Impact: The Effect Of Dolan V. City Of Tigard On Impact Fees In Washington, Joseph D. Lee
Sudden Impact: The Effect Of Dolan V. City Of Tigard On Impact Fees In Washington, Joseph D. Lee
Washington Law Review
As state and federal funding for public improvements steadily declines and is outstripped by demand, municipalities are turning to impact fees to fund public projects. However, the growth of impact fees has resulted in an increasing number of legal challenges by developers and private land owners. This Comment examines the evolution of impact fees in Washington and explores the legal concerns raised by the fees in light of Dolan v. City of Tigard. The Comment concludes that some impact fee statutes satisfy Dolan's "rough proportionality" test, while others do not adequately meet the U.S. Supreme Court's requirements. Impact …
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
Publications
No abstract provided.
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
Washington and Lee Law Review
No abstract provided.
The New Federal Foreclosure Laws, Patrick A. Randolph Jr.
The New Federal Foreclosure Laws, Patrick A. Randolph Jr.
Oklahoma Law Review
No abstract provided.
A Congressional Call To Arms: The Time Has Come For Congress To Enforce The Fifth Amendment's Takings Clause, Mark W. Smith
A Congressional Call To Arms: The Time Has Come For Congress To Enforce The Fifth Amendment's Takings Clause, Mark W. Smith
Oklahoma Law Review
No abstract provided.
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald Benton Brown, Thomas H. Thurlow Iii
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald Benton Brown, Thomas H. Thurlow Iii
Oklahoma Law Review
No abstract provided.
Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf
Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf
University of Richmond Law Review
To the psalmist the age of seventy marks the end of one's days on earth, the last days so dimly lit in the poet's eyes. The calendar reminds us that 1996 marks the seventieth birthday of one of the most influential and enduring judicial decisions upholding the rights of communities to determine their demographic, economic, and societal future- Village of Euclid v. Ambler Realty Co. Case reporters, code compilations, and proposed legislation, along with treatises and law review articles warn us that the broad deference to regulators symbolized by the Euclid text is under attack. The eighth decade of constitutionally …
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
University of Richmond Law Review
This essay explores the place that the concept of property rights occupies in our constitutional system. The word "property" has been used in a number of ways in the history of our Republic.
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
University of Richmond Law Review
Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
University of Richmond Law Review
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.
The Fair Housing Act, Leon D. Lazer
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Articles & Chapters
This article first explores property law 's model for addressing split ownership of land so that its relevance to real estate taxation can be examined. It then discusses the public policies and pragmatic concerns that influence the judicial definitions of "property" and "value" in real estate taxation. Finally, four areas, of property law are examined that raise questions of "property" and land "value" that are analogous to those in real estate taxation. Each of these four areas of property law teaches an important lesson about the comparative meanings of "property" and "value."
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
Cornell Law Faculty Publications
No area of American property law has been more controversial in recent years than the government regulation of uses of private property. No aspect of American constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the requirement that the government pay compensation for takings of property. The purpose of this essay is to acquaint the non-American legal scholar who is unfamiliar with the recent developments in the United States Supreme Court “takings” jurisprudence. The essay does not presuppose any background knowledge about either American constitutional or property law. Instead it attempts to familiarize …
Property: A Special Right, Laura S. Underkuffler
Property: A Special Right, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke
Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke
Vanderbilt Journal of Transnational Law
This Note analyzes the enormous burden that the Czech Republic faces in its transition from a command to a market economy. Part of the burden is the privatization of real property. Toward privatization, the government of the Czech Republic has thus far focused its resources on allocating real property to private parties through the process of restitution. Technically, title to real property in the Czech Republic has always been held by private parties, but such ownership was meaningless because the state had virtually limitless power to use the property. The author recognizes that unless the Czech government develops substantive real …
Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson
Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson
Faculty Publications
In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Articles & Chapters
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Takings And The Nature Of Property, Laura S. Underkuffler
Takings And The Nature Of Property, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
0627: Robert O. Ellis Papers, 1968-1977, Marshall University Special Collections
0627: Robert O. Ellis Papers, 1968-1977, Marshall University Special Collections
Guides to Manuscript Collections
Huntington, West Virginia, attorney; magician. Papers relate to the construction of his home on Castle Hill, rental properties, Republican Party politics and his magic act.
The Right To Stay, Patrick M. Mcfadden
The Right To Stay, Patrick M. Mcfadden
Vanderbilt Journal of Transnational Law
People often fight for their homes. Once established, homes are vital centers of life, and their threatened loss generates predictable resistance. This Article shows how the human desire not to be moved is protected by the law. Such protection can be found in both U.S. domestic and international law, although the two systems of law vary widely in their approach. Since World War II, international scholars and lawmakers have been deeply concerned with promoting the legal rights of people to leave and return to their own countries. This Article emphasizes a different, but equally important right: the right of people, …
The Scope Of Title Examination In West Virginia: Can Reasonable Minds Differ, John W. Fisher Ii
The Scope Of Title Examination In West Virginia: Can Reasonable Minds Differ, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Landlord Liability In West Virginia For Criminal Acts On The Premises, Jennifer S. Fahey
Landlord Liability In West Virginia For Criminal Acts On The Premises, Jennifer S. Fahey
West Virginia Law Review
No abstract provided.
Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier
Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier
Articles
Self-help is a largely neglected topic in American legal studies.1 With the exception of a survey by a group of law students published a dozen years ago,2 there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way.3 This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Few would assert that the current governance model for managing the nation's public lands, which grants exclusive authority to the federal government, has protected the natural resource values of those lands or provided a framework for the harmonious resolution of conflicts over their use. Dissatisfaction is apparent from recurrent proposals to privatize public lands or to devolve their ownership to the states. The emergence of the "wise use" and "county supremacy" movements directly challenges the authority of the federal government to manage its land. While this new state and local assertiveness is not without historical basis nor completely without merit, …
Alienation Of Conservation Easements, Richard B. Collins
Alienation Of Conservation Easements, Richard B. Collins
Publications
No abstract provided.
Railroads Across Tribal Lands, Carye Cole Chapman
Railroads Across Tribal Lands, Carye Cole Chapman
American Indian Law Review
No abstract provided.
The Third Circuit And The Landlord's Noncompetition Promise: The Use And Misuse Of Intent Theory, Edward Chase
The Third Circuit And The Landlord's Noncompetition Promise: The Use And Misuse Of Intent Theory, Edward Chase
Villanova Law Review (1956 - )
No abstract provided.
The Antiwilderness Bias In American Property Law, John G. Sprankling
The Antiwilderness Bias In American Property Law, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Faculty Spotlight, Michael Heller
Faculty Spotlight, Michael Heller
Other Publications
Professor Michael Heller talks about his teaching and research.