Property Law and Real Estate Commons^™

Hodel V. Irving, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.

Economics Of Public Use, Thomas W. Merrill

Faculty Scholarship

The fifth amendment to the United States Constitution, as well as most state constitutions, provides that private property shall not be taken "for public use" unless just compensation is paid. American courts have long construed this to mean that some showing of "publicness" is a condition precedent to a legitimate exercise of the power of eminent domain. Thus, when a proposed condemnation of property lacks the appropriate public quality, the taking is deemed to be unconstitutional and can be enjoined. In practice, however, most observers today think the public use limitation is a dead letter. Three recent decisions, upholding takings …

Time, Property Rights, And The Common Law, Thomas W. Merrill

Faculty Scholarship

The fee simple is often defined as an estate or interest of "potentially infinite duration." This way of speaking suggests that property rights are fixed and permanent – indeed, that they last forever. Similarly, property rights are regarded in classical liberal thought as sources of stability and security that foster individual autonomy and protect owners against the vicissitudes of life. This too suggests that property rights are not contingent upon a particular temporal context, but rather are impervious to the passage of time.

When we look at the common law, however, we quickly discover a much more complex relationship between …

Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker

Seattle University Law Review

A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …

Kentucky Law Survey: Property, Carolyn S. Bratt

Law Faculty Scholarly Articles

Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.

Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman

Villanova Law Review (1956 - )

No abstract provided.

Coal Slurry Pipelines--In The Public Interest, C. Howard Hardesty, Edward S. Shipper Jr.

West Virginia Law Review

No abstract provided.

The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk

Washington and Lee Law Review

No abstract provided.

Constitutional Limitations On Governmental Participation In Downtown Development Projects, David M. Lawrence

Vanderbilt Law Review

The purpose of this Article is to investigate the constitutional boundaries that surround the most common forms of governmental participation. Part II of the Article discusses the constitutional limitations on property transactions in which the government either uses its power of eminent domain to condemn land for private downtown development, acquires land for the same purpose through a voluntary sale by the owner of the land, or subsidizes private development by its method of conveying property to the developer. Part III of the Article then discusses the problems that arise when a downtown project includes both public and private facilities, …

In Re Puget Sound Power And Light Company: Eminent Domain By Corporations Reevaluated, Julie Anderson

Seattle University Law Review

This note examines In re Puget Sound Power and Light Company and the court’s holding that due process requires a private condemnor to prove public use and necessity by a preponderance of the evidence. The note recognizes that the court correctly shifted the burden of proof to the condemnor, but argues that the court could have grounded its decision in the Washington procedural statute governing corporate condemnation and avoided the constitutional question. The note advocates for courts interpreting the statute for corporations to require strict judicial supervision of the eminent domain actions of private entities.

The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill

West Virginia Law Review

No abstract provided.

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle

Fordham Urban Law Journal

In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …

Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek

Fordham Urban Law Journal

In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …

Constitutional Law—Eminent Domain—Just Compensation For A Lessee's Renewal Expectation—Almota Farmers Elevator & Warehouse Co. V. United States, 409 U.S. 470 (1973), Mark W. Pennak

Washington Law Review

The district court accepted Almota's theory of valuation, but was reversed by the Court of Appeals for the Ninth Circuit. The Supreme Court reinstated the district court's judgment. Held: Just compensation for a leasehold bearing improvements owned by the lessee is measured by what a willing buyer would pay to a willing seller for the leasehold, taking into account the possibility of renewal. Almota Farmers Elevator & Warehouse Co. v. United States, 409 U.S. 470 (1973).

The Private Use Of Public Power: The Private University And The Power Of Eminent Domain, Charles Fels, N. T. Adams, Richard Carmody, Margaret E. Clark, Randolph H. Lanier, James C. Smith, Robert M. White

Vanderbilt Law Review

The study which follows attempts to trace, in a necessarily limited fashion, the evolving use of eminent domain on behalf of private interest groups throughout the last century and a half of American legal history. Part One of the study traces the broadening scope of eminent domain in the United States during the 19th and 20th centuries, focusing on the direct use of eminent domain by private interest groups as a key element in the increasing breadth of the power. Part Two delineates the process whereby one modern private interest group-an informal aggregation of American colleges and universities-succeeded in acquiring …

Eminent Domain--De Facto Taking, James M. Henderson Ii

West Virginia Law Review

No abstract provided.

Municipal Liability For Riot Damage Under Eminent Domain

Washington and Lee Law Review

No abstract provided.

Mandamus--Eminent Domain

West Virginia Law Review

No abstract provided.

Eminent Domain Date Of Valuation In Ohio, John Lombardo

Cleveland State Law Review

This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.

Eminent Domain - Taking In Excess Condemnation Proceeding Held Constitutional If Such Taking Was Justified To Avoid Excessive Or Consequential Damages. People Ex Rel. Dept. Pub. Wks. V. Superior (Cal. 1968), Phillip A. Demassa

San Diego Law Review

This recent case discusses People ex rel. Dept. Pub. Wks. v. Superior (Cal. 1968)

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman

Faculty Publications

The recent opinions of the North Carolina appellate courts include a strikingly large proportion of eminent-domain cases. Two factors combine to explain the unusual frequency with which these cares are tried and appealed. The first is the elaborate activity of the federal government in funding local and state projects involving the acquisition of land. The Interstate Highway program probably accounts for the predominant portion of this activity, with other shares attributable to urban renewal, public housing, and airport improvement. When the more traditional activities of local government, such as street-widening and other public improvements, are added to the above list …

Diminishing Property Rights, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.

Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach

Cleveland State Law Review

The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …

Valuation Of Leasehold Estates In Eminent Domain, John O. Kizer

West Virginia Law Review

No abstract provided.

Eminent Domain - Economic Motivations In Determining "Necessity" For A Taking - United States V. Certain Parcels Of Land In Ingham County, Michigan

Maryland Law Review

No abstract provided.