Property Law and Real Estate Commons^™

Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Peter Nichols, General Counsel of the Lower Arkansas Valley “Super Ditch” Company, Trout, Raley, Montano, Witwer & Freeman PC, Colorado

33 slides

Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho

25 slides

Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …

Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Ed Smith, General Manager, Palo Verde Irrigation District, Southern California

25 slides

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …

Real Property, Linda S. Finley

Mercer Law Review

The survey period proved to be an active one for cases and legislation involving real property. Particularly, the Georgia General Assembly, in apparent reaction to the housing and foreclosure crisis faced by the entire country, enacted consumer-friendly changes to the long-standing foreclosure statute. The courts were also active in review of real property issues, and as the number of cases involving real property issues continues to increase, it becomes more difficult to determine which cases should be contained in this Survey. Nevertheless, this Article discusses caselaw and legislative developments in Georgia real property law from June 1, 2007 through May …

The Evolution Of Property Rights: A Synthetic Overview, James E. Krier

Law & Economics Working Papers Archive: 2003-2009

In this paper I review, extend, and critique two contrasting approaches to the evolution of property rights. The legal literature on the subject is dominated by a conventional approach, which holds a virtual monopoly despite its many shortcomings, and the literature neglects an alternative approach, despite its many virtues (including, but not limited to, the virtue of responding to many of the conventional approach’s deficiencies). The paper provides an overview of both approaches, including a brief intellectual history of each – and should thus inform readers without specialized knowledge of the subject but nevertheless interested in it – and aims …

Personal Residences, Dale P. Burgess

William & Mary Annual Tax Conference

No abstract provided.

Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.

Like-Kind Exchanges, Robert D. Schachat

William & Mary Annual Tax Conference

No abstract provided.

Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker

BYU Law Review

No abstract provided.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase

University of Richmond Law Review

No abstract provided.

Standardization And Pluralism In Property Law, Nestor M. Davidson

Vanderbilt Law Review

At the heart of contemporary property theory stands an intriguing puzzle. Unlike the relatively unconstrained freedom that contract law provides for private ordering, property law recognizes only a limited and standard list of mandatory forms. This standardization-known as the numerus clausus from the civil law concept that the "number is closed"-poses a basic conundrum: what can explain a persistent feature of the law that seems, at first glance, so clearly to restrict the autonomy and efficiency gains conventionally associated with private property?

This puzzle has garnered significant scholarly attention in recent years. Some scholars have argued that standardization, although paternalistic, …

Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

This is an original petition for a writ of certiorari or mandamus challenging the Nevada State Board of Equalization’s review and remand of the Washoe County Board of Equalization’s determination to equalize certain taxable valuations.

Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for a writ of mandamus challenging the respondent’s issuance of a building permit for a water treatment plant.

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

No abstract provided.

Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme

Nevada Supreme Court Summaries

Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.

Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams

Nevada Supreme Court Summaries

Developer's (D.R. Horton) petition for a writ of mandamus or writ of prohibition against the Eighth Judicial District Court's denial of the Developer's partial motion for summary judgment.

Chop It Up Or Sell It Off: An Examination Of The Evolution Of West Virginia's Partition Statute, John Mark Huff

West Virginia Law Review

No abstract provided.

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Faculty Scholarship

No abstract provided.

The Shifting Sands Of Property Rights, Federal Railroad Grants, And Economic History: Hash V. United States And The Threat To Rail-Trail Conversions, Danaya C. Wright

UF Law Faculty Publications

This Article is an analysis of a federal circuit case from 2005 that has spawned some disturbing precedents in the area of federal transportation and railbanking policy. Specifically, the National Trails System Act (NTSA) provides a mechanism for preserving unused railroad corridors for future reactivation while allowing interim recreational trail and mixed utility use along the corridor. Converting rail corridors to recreational trails is a very popular process and communities across the country are demanding more and more conversions, as people seek the amenities of linear parks and greenways.

Hash v. United States, however, deals with the property rights …

Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels

Articles

No abstract provided.

The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades

Faculty Publications

No abstract provided.

Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.

Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern

All Faculty Scholarship

Residential real estate has achieved an exalted status and privileged position in American property law. The notion of the home as a special object deserving heightened protection is widely accepted within the case law and scholarship. Influential scholars, most notably Margaret Radin, have argued that the home is critical for an individual's very identity and ability to flourish in society. Other commentators have expounded a communitarian vision of the home as rooting individuals in communities of close-knit social ties. Over the past century, there has been a proliferation of legislation creating special protections for owners of residential real estate such …

Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze

Nevada Supreme Court Summaries

Appeal from a district court order dismissing homeowner’s action that sought to release a homeowner’s association lien. Under NRS 383.10, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowner’s associations’ covenants, conditions, and restrictions (CC&R) if the parties did not first submit to mediation or arbitration. This statute, however, does not apply to actions for injunctive relief involving “immediate threat of irreparable harm, or action[s] relating to the title to residential property.”

Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta

Brigham Young University Journal of Public Law

No abstract provided.

Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk

Articles

Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however; make decisions based on private costs and benefits, not social costs and …

Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas

San Diego International Law Journal

Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …