Property Law and Real Estate Commons^™

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.

Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang

Brooklyn Law Review

After the Cuban Revolution, the Castro government nationalized the property of many American nationals, which served as a justification for the Kennedy administration’s decision to institute a general economic embargo on Cuba. This embargo was officially codified in the late 1990s in the Cuban Liberty and Democratic Solidarity (Libertad) Act, enacted by President Bill Clinton. Title III of this Act was suspended since its enactment. By creating a private cause of action for American nationals to sue “traffickers” of their improperly nationalized Cuban property, Title III aims to deter foreign investment into Cuba and compensate American citizens whose Cuban property …

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental, & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …

Urban Growth, Low Impact Development, And Seattle's Stormwater Management System, Katherine Baals

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental, & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …

Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal

West Virginia Law Review Online

This article pulls up and highlights a land use restriction, or financial burden, imposed upon West Virginia private real estate owners who inadvertently uncover human skeletal remains in unmarked graves on their property. In this state, those coming across human bones that historians and archaeologists eventually deem have no historical or archeological significance have a choice—pay the costs to have the bones removed and reinterred or cover the bones and use the property only as a cemetery in perpetuity. This burden becomes more acute when comparing West Virginia’s law to those of other states that require government officials, at public …

The Lihtc Program, Racially/Ethnically Concentrated Areas Of Poverty, And High-Opportunity Neighborhoods, Kirk Mcclure, Anne R. Williamson, Hye-Sung Han, Brandon Weiss

Texas A&M Journal of Property Law

The Low-Income Housing Tax Credit (“LIHTC”) program remains the na- tion’s largest affordable housing production program. LIHTC units are under-represented in the neighborhoods that both promote movement to high- opportunity neighborhoods and affirmatively further fair housing. State and local officials should play an active role in guiding site selection decisions and ensuring that LIHTC developments are located in a manner that affirmatively furthers fair housing. Planners can use newly available data discussed herein to identify high-opportunity tracts.

Baldia Town Factory Inferno: Justice Delayed And Denied, Rabia Bugti

MSJ Capstone Projects

The Baldia Town Factory Fire — as it came to be known — was one of the deadliest incidents in the history of Pakistan — the 9/11 of the country.

Over 260 ill-fated people lost their lives in the garments factory named Ali Enterprises, 16 of whom were charred beyond recognition. In September this year, finally after eight years, the anti-terrorism court announced its verdict (ANTI-TERRORISM COURT, 2017). Two key culprits were sentenced to death and four handed life imprisonment. According to the joint investigation team’s report, the factory was set on fire deliberately by the facilitators of a political …

A Case For Zoning, Christopher Serkin

Notre Dame Law Review

Due to a remarkable convergence of criticisms from both the right and the left, zoning is under more sustained attack than at any time in the last seventy-five years. A consensus is building that zoning is what ails America. Simultaneously, the traditional justifications for zoning, like separating incompatible uses, have become increasingly anachronistic in an age of mixed-use development and a desire for vibrant, dynamic places. This Article offers an updated defense of zoning, and in particular density regulations. Today, local governments deploy zoning not primarily to keep industry (or apartment buildings) out of residential neighborhoods, but to preserve community …

Real Property, Linda S. Finley

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2019, and May 31, 2020. Of course, the Survey became significantly different from previous years as a result of the COVID-19 pandemic. The Supreme Court of Georgia issued emergency rules and procedures resulting in the shutdown of many courts and most assuredly the slowdown of every court. Nevertheless, the Survey is the result of a review of appellate court decisions rendered during the survey period as well as legislation and other mandates promulgated during the period which affects real property law and practice.

Louisiana, Keith B. Hall

Texas A&M Journal of Property Law

In Guilbeau v. BEPCO, L.P., a landowner filed suit seeking remediation of contamination arising from oil and gas activities prior to his purchase of the property. The landowner previously had filed a suit seeking a clean-up based on the defendants’ obligations under the Louisiana Mineral Code. That earlier suit was dismissed based on the subsequent purchaser doctrine. The subsequent purchaser doctrine states that private claims for damages to property belong to the person who owned the property at the time of the damages and absent that person’s assignment of his claims to a subsequent purchaser of the property, the subsequent …

Arkansas, J. Mark Robinette

Texas A&M Journal of Property Law

There is very little to report in Arkansas this year. The 92nd General Assembly made no substantive changes to the law of oil and gas in Arkansas. In addition, the federal courts produced no significant developments In state court, there were two notable cases.

New Mexico, Sharon T. Shaheen

Texas A&M Journal of Property Law

Under the Produced Water Act (“Act”) enacted in the 2019 regular legislative session, the New Mexico Legislature authorized the New Mexico Oil Conservation Division (“OCD”) and the New Mexico Water Quality Control Commission (“WQCC”) to regulate produced water resulting from oil and gas drilling or production. The Act governs the transportation and sale of produced water, recycled water (also referred to as recycled produced water), and treated water (also referred to as treated produced water).

Ohio, Gregory W. Watts

Texas A&M Journal of Property Law

In recent years, as a result of Ohio’s Utica shale boom, Ohio courts have confronted the issue of how to apply the Ohio Marketable Title Act. As with many statutes, there are generally two questions to answer: (1) does the particular statute apply to the particular facts of the case? and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case?

Oklahoma, Mark D. Christiansen

Texas A&M Journal of Property Law

In Naylor Farms, Inc. v. Chaparral Energy, LLC, the plaintiff royalty owners (collectively, Naylor Farms) contended that Chaparral systematically underpaid royalties on production from approximately 2,500 Oklahoma oil and gas wells by improperly deducting from royalty payments certain costs that the plaintiffs contended should have been borne solely by Chaparral under Oklahoma law. The district court granted Naylor Farms’ motion seeking certification of a class of royalty owners under Rule 23 of the Federal Rules of Civil Procedure. In the present proceedings, Chaparral has appealed the district court’s order granting class certification.

Oregon, Eric L. Martin

Texas A&M Journal of Property Law

Even though no oil and only a small quantity of natural gas is produced in Oregon, the Oregon Legislature enacted bans in 2019 on hydraulic fracturing until 2025 and on using Oregon’s territorial sea for oil and gas activities. Beyond that legislation, though, legal developments in Oregon this year concerning the oil and gas industry focused on downstream issues.

Pennsylvania--Recent Developments In Pennsylvania Jurisprudence Related To Oil And Gas Leasing And Conveyancing, Ross Pifer

Texas A&M Journal of Property Law

Pennsylvania is the largest producer of shale gas in the United States and is the second-largest natural gas-producing state overall. Owing to its strategic location atop the Marcellus and Utica Shale Formations, Pennsylvania’s position as a major natural gas producer is relatively new. Just a little over a decade ago, Pennsylvania ranked sixteenth among states in total natural gas production. With this rapid rise in the amount of natural gas development, there has been a corresponding increase in activity in courtrooms across Pennsylvania—both in state and federal courts. As a result, Pennsylvania oil and gas law has evolved within a …

Utah, Mark Burghardt

Texas A&M Journal of Property Law

Oil and gas production continues to be an important sector of Utah’s economy. Following a 25% loss in production between 2014 and 2015, Utah’s production continues to slowly rebound. Crude oil production in 2019 appears to be slightly ahead of 2018 production. Monthly production averages slightly over three million barrels, placing Utah among the top ten states in crude oil production. Along with the continuing increase in production, the state’s legal framework governing oil and gas continues to develop.

This Article examines recent changes in Utah statutes and regulations along with new case law developments involving the oil and gas …

Colorado--The Changing Landscape Of Land Use Law And Regulations Impacting The Colorado Oil And Gas Industry: From The Colorado Oil And Gas Conservation Act Of 1951 To Senate Bill 181 Of 2019, Ralph A. Cantafio

Texas A&M Journal of Property Law

When Colorado Democratic Governor Jared Polis approved Senate Bill 181, this new law significantly redirected the historical focus of Colorado oil and gas regulation. This provided a significant delegation of land use related authority to local government for the first time since the passage of this Act in 1951. This new law moved away from the traditional notion of statewide regulation based upon exclusive jurisdiction by the Colorado Oil and Gas Conservation Commission (“COGCC”). While this change of legislative focus is significant, this latest direction is probably a natural continuation of a general trend that has been emerging in Colorado …

Michigan Oil And Gas Update, Joshua D. Beard

Texas A&M Journal of Property Law

The Michigan Department of Environment, Great Lakes, and Energy (“EGLE”), formerly the Michigan Department of Environmental Quality, is in the process of seeking primary enforcement responsibility from the United States Environmental Protection Agency (“EPA”) for its Underground Injection Control (“UIC”) program for Class II wells pursuant to Part C of the Safe Drinking Water Act (“SDWA”).

Montana, Stephen R. Brown

Texas A&M Journal of Property Law

In 2018, Montana produced 21.5 million barrels of crude oil and 93.2 million cubic feet of natural gas. Nationally, Montana ranked thirteenth in crude oil production. Through August 2019, crude oil production declined by 587,000 barrels, and natural gas production increased by 5.5 million cubic feet when compared to the same period in 2018.

North Dakota--Dealing With Dubious Contracts For Conveying Land Statute Of Limitations Or Reformation For Mutual Mistake?, William P. Pearce

Texas A&M Journal of Property Law

The topic of this Article arose from a recent opinion by the North Dakota Supreme Court: Western Energy Corporation v. Stauffer. The case dealt with how the law handles changes in ownership of property, specifically land including underlying mineral interests, that come into dispute after substantial periods of time have passed, resulting in a need for the parties involved in the dispute to turn to the courts for a solution. The passing of a substantial amount of time often becomes the issue in resolving the dispute in these types of situations.

The opening paragraph in the Court’s opinion in Western …

Survey Of Selected 2019 Texas Oil And Gas Cases And Statutes, William D. Farrar

Texas A&M Journal of Property Law

Texas courts and the legislature were quite active in 2019 concerning oil and gas issues. Texas courts decided many cases involving everything from deed interpretation to lease repudiation to farmout interpretation. The Texas Supreme Court has granted several petitions for review from the courts of appeal. The legislature enacted or amended statutes concerning so called “royalty leases,” the Mineral Interest Pooling Act, and others. The following are summaries of some selected cases and statutes that will be of interest to those involved with Texas oil and gas law.

Alaska, Traci N. Bunkers

Texas A&M Journal of Property Law

The First Regular Session of the thirty-first Alaska Legislature began on January 15, 2019, and ended on May 15, 2019. A First Special Session was held from May 16, 2019, through June 13, 2019, with a Second Special Session following from July 8, 2019, through August 6, 2019. The 2019 legislative session resulted in virtually no oil and gas legislation being passed, as the Alaska Legislature focused primarily on legislation regarding the State budget and the funding of the Permanent Fund Dividend. Despite the uncharacteristic lack of oil and gas legislation, the Legislature addressed the prevalent issue of oil and …

Kansas, Jeff M. Pike

Texas A&M Journal of Property Law

2019 provided no shortage of excitement, as there were more oil and gas opinions issued by the Kansas Supreme Court than in a usual year. These cases will be the main focus of this Survey, as there are no major legislative developments to report for this year. The first case decided whether the common-law rule against perpetuities should be applied to exceptions of defeasible term mineral interests. The second case is “yet another round in [a] high-dollar subsurface prize fight” about who has the right to gas that has escaped from an under- ground natural gas storage facility. The third …

Alabama, Brandt Hill

Texas A&M Journal of Property Law

This case reviewed and conclusively determined the proper venue in which to file appeals from decisions by the Alabama Surface Mining Commission (the “Commission”). The Commission issued a surface-coal-mining permit to Black Warrior Minerals, Inc. (“Black Warrior”), allowing Black Warrior to mine land in northern Jefferson County, Alabama. In response, three. individuals who owned property nearby appealed the permit’s issuance with the Commission’s Department of Hearings and Appeals, and a hearing officer affirmed the issuance. The property owners then petitioned the Commission for review of the officer’s decision, but their petition was never taken up and thus was denied by …

California, Joshua L. Baker

Texas A&M Journal of Property Law

Although California continues to transition away from its historical status as one of the nation’s most important oil and gas-producing states, California is still among the top-ten states in oil production and produces a significant amount of natural gas. California has a long history of oil and gas exploration, production, refinement, and marketing, and as a result, well-established common law principles and statutory and regulatory laws are in place that govern all facets of the industry. The following update summarizes key changes in California oil and gas law for the survey period from January 1, 2019 to October 15, 2019.