Property Law and Real Estate Commons^™

Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson

BYU Law Review

No abstract provided.

Ua5/1 University Attorney - Property File, Wku Archives

WKU Archives Collection Inventories

Unprocessed property files created by the University Attorney. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Real Property, Linda S. Finley

Mercer Law Review

The months since the last survey period from June 1, 2009 to May 31, 2010, have continued to prove perilous to the nation as well as to the State of Georgia, as real estate values have plummeted and foreclosure of real property has reached an all time high. However, as this Article attempts to show, other issues concerning real property abound. As is the case each year, it is difficult to choose the few cases that may be surveyed from the numerous decisions affecting real property law. The cases in this Article were selected either for their legal significance, to …

The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Conservation Easements, Appraisals Thereof, And Form 8283 - The Good, The Bad, And The Ugly, Stephen J. Small

William & Mary Annual Tax Conference

No abstract provided.

Conservation Easement Appraisal Rules And Questions, Stephen J. Small

William & Mary Annual Tax Conference

No abstract provided.

Tax Notes Article, Stephen J. Small

William & Mary Annual Tax Conference

No abstract provided.

Excerpt From Kaufman Brief

William & Mary Annual Tax Conference

No abstract provided.

Some Points Re Perpetuity - Code And Regulations

William & Mary Annual Tax Conference

No abstract provided.

Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships (Slides), Michael G. Frankel, David A. Miller

William & Mary Annual Tax Conference

No abstract provided.

Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships, Michael G. Frankel, David A. Miller

William & Mary Annual Tax Conference

No abstract provided.

Community Development Authorities, Andrew A. Painter

University of Richmond Law Review

Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …

Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth

University of Richmond Law Review

This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors' conclusions.

The Illusory Right To Abandon, Eduardo M. Peñalver

Cornell Law Faculty Publications

The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law’s concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however, due to …

The Illusory Right To Abandon, Eduardo M. Penalver

Michigan Law Review

The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law's concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however due to …

Uncertainties Remain For Judicial Takings Theory, Timothy M. Mulvaney

Faculty Scholarship

The U.S. Supreme Court waded into the waters of judicial takings last summer with a divided opinion that effectively carries no precedential value but is likely to have lower courts and property scholars trying to decipher its meaning for many years to come.

In Stop the Beach Renourishment, Inc. v. Florida Department of Environment Protection, 130 S. Ct. 2592 (2010), the Court decided that some Florida gulf-front property owners are not entitled to compensation under the federal Constitution’s Takings Clause when a state beach restoration project separates their private property from the water’s edge. Although the state prevailed in this …

Summary Of Jd Construction V. Ibex Int’L Group, 126 Nev. Adv. Op. No. 36, Nevada Law Journal

Nevada Supreme Court Summaries

J.D. Construction, Inc. (“J.D. Construction”) placed a mechanic’s lien on property owned by IBEX International Group, LLC (“IBEX”). IBEX sought to expunge the lien, pursuant to NRS 108.2275, arguing that the lien was frivolous and/or excessive. The district court concluded the lien was excessive and expunged the lien. J.D. Construction appeals.

Developing The Final Frontier: Defining Private Property Rights On Celestial Bodies For The Benefit Of All Mankind, Taylor R. Dalton

Cornell Law School J.D. Student Research Papers

Sustainable colonization and exploitation of the lunar surface, Mars, or near by asteroids is still decades away. However, NASA, the Obama Administration, and other agencies around the world have shown a growing interest in establishing a human presence on the moon, mars, and beyond.

Unfortunately, the legal regime concerning the use of the Moon and other celestial bodies, which is necessary to further development in outer space, is largely unsettled. One important unsettled area is the ownership status of celestial bodies and whether private property rights on those bodies are permissible and desirable.

This Paper takes the view that private …

Private And Public Construction In Modern China, Gregory M. Stein

San Diego International Law Journal

During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …

Planning And Practice - The Rooftops Project: Report Summarizing Results Of A Survey Of Not-For-Profit Organizations, James Hagy

Rooftops Project

The Rooftops Project's first national field study of the attitudes and approaches of not-for-profit organizations with respect to the owned, leased or hosted real estate that supports their core missions and operations.

Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth

Faculty Publications

The purposes for creating a "private transfer fee" covenant range from supporting community services to creating a future revenue stream for the developer. Traditionally, courts examined these covenants using the touch and concern standard. The Restatement (Third) of Property: Servitudes, however, rejects this standard. This Article discusses this new approach as it relates to private transfer fees. The author argues that private transfer fee covenants are contrary to public policy and encourages states to enact legislation limiting the enforcement of these covenants.

Justice John Paul Stevens - His Take On Takings, Alan C. Weinstein

Law Faculty Articles and Essays

This commentary reviews and analyzes Justice John Paul Stevens's role in shaping the Court's views on the takings issue in land use regulation.

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create …

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford

Cornell Law School J.D. Student Research Papers

This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions: structural, material, …

Rebuilding Distressed Regions: Problem Diagnosis And Tracking, Randall W. Eberts

Conference Papers

No abstract provided.

Summary Of Adaven Mgmt. V. Mountain Falls Acquisition, 124 Nev. Adv. Op. No. 67, Kareema Mitchell Turner

Nevada Supreme Court Summaries

No abstract provided.

Background Principles, Takings, And Libertarian Property: A Reply To Professor Huffman, J.B. Ruhl, Michael C. Blumm

Vanderbilt Law School Faculty Publications

One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense to takings claims. Our writings on the background principles defense have provoked Professor Huffman, a devoted advocate for an expanded use of regulatory takings to protect landowner development rights, to mistakenly charge us with arguing for the use of common law principles to circumvent the rule of law, Supreme Court intent, and the takings clause. Actually, ours was not a normative brief at all, but …

Comment On Enterprise Duty To Serve Underserved Markets, David J. Reiss

Cornell Law Faculty Working Papers

FHFA invited further comment on the merit of considering properties without affordable use restrictions as part of the Enterprises’ duty to serve, noting that affordable housing preservation “encompasses efforts to keep unsubsidized properties in good condition while maintaining affordability for low- and moderate-income households.” (Page 32102)

FHFA should be certain that any aid given to buildings without affordable use restrictions will actually be passed on in large part to their tenants, whether through lower rents or improved conditions. I question whether that is in fact the case.

There are two main rationales for subsidizing multifamily buildings without affordable use restrictions. …

Land Rights And Socio-Economic Development Of Afro-Brazilian Communities, Noah Browne, Anne Dana, Katherine Shea

Duke Law Student Papers Series

Law students and recent graduates who spent the Spring 2010 semester studying the land rights of Afro-Brazilian communities have submitted their final report to community leaders and Brazilian government officials, institutions, and non-government organizations engaged in the issue.

Written under the supervision of Laurence R. Helfer, the Harry R. Chadwick, Sr. Professor of Law, the report contains insights gleaned from the students’ intense study and research, both at Duke Law and on the ground in Brazil. Along with Helfer, the students spent their 2010 Spring break in Brazil as part of the seminar. They met with members of quilombos -- …