Property Law and Real Estate Commons^™

Let Them Learn: Recognizing And Codifying A Design-Build Self-Critical Analysis Privilege In Texas, Christian Martinez

Texas A&M Journal of Property Law

Organizations often conduct probing self-studies to review internally existing policies, procedures, and business methods. Yet, despite an increasing social need for these studies, the Texas legislature has yet to construct a privilege designed to protect an organization from being harmed from these studies by adverse litigants. The self-critical analysis privilege, or SCAP, is an alluring, common law doctrine that protects the free flow of information sharing through an organization’s self-assessment. This Comment proposes a model statute for the codification of the SCAP for the consideration of the Texas legislature. This model statute is not a general codification of the privilege. …

More Money, More Problems: Ncaa Modernization And Student Athletes' Right To Compensation, Sydney Wood

Texas A&M Journal of Property Law

In 2019, California passed a law that would allow collegiate athletes in California to receive compensation for their name, image, and likeness. Currently, the National Collegiate Athletic Association distinguishes between amateur and professional athletes and does not allow student athletes to receive compensation beyond scholarships. This Comment analyzes noteworthy case law and summarizes the arguments of current and former student athletes over the years. The new California legislation opened the door for substantial change and challenged the NCAA to finally modernize their bylaws and regulations. Furthermore, this Comment recommends that the NCAA adapt the definitions contained in their bylaws to …

A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot

Louisiana Law Review

No abstract provided.

Regulations For The Termination Of The Real Estate Contract Sell On The Blueprint Unilaterally In Accordance With The Law Regulating The Initial Real Estate Registry In The Emirate Of Dubai, Ali Hadi Elobaidi

UAEU Law Journal

The contract for the sale of real estate on the map shall mean the contract whereby real estate units classified on the map or in the process of being constructed or not completed shall be sold. This contract is a necessary contract and, according to general rules, it is assumed that neither party can terminate it voluntarily without consent or litigation. However, Article (11) of the law regulating the initial land registry in the Emirate of Dubai granted the real estate developer the right to terminate the sales contract concluded with the buyer without consent or litigation when the buyer …

"Taking" A Walk On A Winter's Night, James E. Brookshire

Journal of Natural Resources & Environmental Law

No abstract provided.

Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell

Journal of Natural Resources & Environmental Law

No abstract provided.

"Ownership" Of Underground Storage Tanks, Gary W. Napier, Samuel L. Perkins

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's New Nuisance Statute, John S. Palmore

Journal of Natural Resources & Environmental Law

No abstract provided.

Severance Deed Waivers Of The Surface Estate's Right To Subjacent Support As A Basis For Longwall Mining Rights, Judy Jones Lewis

Journal of Natural Resources & Environmental Law

No abstract provided.

Regulatory Takings, Expectations And Valid Existing Rights, Marla E. Mansfield

Journal of Natural Resources & Environmental Law

No abstract provided.

The Nature And Consequence Of "Valid Existing Rights" Status In Public Land Law, Jan G. Laitos

Journal of Natural Resources & Environmental Law

No abstract provided.

"What's In A Name?" An Essay On Valid Existing Rights, Carolyn S. Bratt

Journal of Natural Resources & Environmental Law

No abstract provided.

Hatton V. Falcon Coal: Breach Of Contract Or Trespass To Realty?, Kelly J. Hobbs

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's Broad Form Deed Amendment: Constitutional Considerations, Carolyn S. Bratt, Karen J. Greenwell

Journal of Natural Resources & Environmental Law

No abstract provided.

Akers V. Baldwin: The Broad Form Deed Dilemma Revisited, Patrick J. Sheeran, David T. Wilson Ii

Journal of Natural Resources & Environmental Law

No abstract provided.

Property Convergence In Takings Law, Maureen E. Brady

Pepperdine Law Review

Although one of the key questions in a federal system is how authority should be allocated between the state and national governments, property law has rarely generated serious controversy on this front. Instead, property entitlements and the rules governing resource use have typically been the province of state and local actors. The Supreme Court has repeatedly emphasized that property rights are created at the state level. And while federal regulations—for example, environmental regulations—certainly limit property rights, state and local land-use laws and state nuisance and trespass rules serve as major constraints on property’s use and enjoyment. This feature of property …

Injected Gas: Realty Or Personalty?, Pamela C. Bratcher

Journal of Natural Resources & Environmental Law

No abstract provided.

Severed Mineral Interests Of Unknown Or Missing Owners In Kentucky, Gary W. Napier

Journal of Natural Resources & Environmental Law

No abstract provided.

Implication Of A Covenant To Diligently Develop And Mine In Hard Mineral Leases That Provide For Minimum Rents Or Royalties, Jack C. Bender

Journal of Natural Resources & Environmental Law

No abstract provided.

Wheelage And The Haulage Trespass: Compensating The Landowner For The Injury Sustained Or The Benefit Derived From The Unauthorized Surface Use, Sherry Keith

Journal of Natural Resources & Environmental Law

No abstract provided.

Lien Assertions: A Re-Awakened Interest In The Mineral Industry, W. Robinson Beard, Sharon K. Morris

Journal of Natural Resources & Environmental Law

No abstract provided.

The Impact And Desirability Of Taxing Unmined Coal Interests In The Same Manner As Other Real Property, Stephen James Vasek Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.

New Rules In The Amended Jordanian Landlords And Tenants Act No 17/2009, Ahmad Ali Al Ouwaidi, Abdelnaser Zeyad Hayajneh

UAEU Law Journal

The Jordanian legislature amended the Landlords and Tenants Act No 17, 2009; it includes new rules which represent a significant change in the relationship between landlords and tenants. In an analytical and critical approach, this research explores these new rules, especially the rules concerning the gradual termination of lease contracts concluded before 31/8/2000, in a period from 12/21/2010 to 12/31/2015. The rules also stipulate an increase in the rent ranging from 1% to 6%. The study furthermore discusses the landlords' rights such as the new procedures set in the amended Tenant Act, by which the landlord can undertake in case …

The Concept Of Selling Real Estate On The Map And Its Legal Adaptation A Comparative Study., Duha Mohamed Al Nuaaman

UAEU Law Journal

Despite the harsh circumstances that our beloved Iraq has been going through these days, it is necessary that this sorrow, God willing, ends, and that Iraq enters the stage of building and construction. Nobody can deny the fact that Iraq is in need for real estate projects such as schools, hospitals and commercial centers. But most importantly of all, houses, which, unfortunately, ordinary citizens cannot afford to own, are needed desperately. This would open room for investment companies to build and develop real estate projects and put them for public sale on the map as is the case in most …

Taxation Of Unmined Minerals: Is It Inevitable, Or Is It Unconstitutional?, J. E. Clark

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's New Broad Form Deed Law--Is It Constitutional?, Robert M. Pfeiffer

Journal of Natural Resources & Environmental Law

No abstract provided.

The Promise And Perils Of Shared Equity Financing, David Reiss, Ernira Mehmetaj

Faculty Scholarship

No abstract provided.

Reframing Church Property Disputes In Washington State, Theodore G. Lee

Washington Law Review

Real property disputes between units or members of the same church are common in the United States. To resolve such disputes, the Supreme Court has endorsed two doctrines: the hierarchical deference approach and the neutral-principles of law approach. The Court has justified both doctrines on the First Amendment’s Establishment and Free Exercise Clauses, but this justification is problematic. Specifically, under the hierarchical deference approach courts must always give preferential treatment to one religious group over others—effectively endorsing a particular religion. On the other hand, courts can enforce their own interpretations of religious issues under the neutral-principles approach, thereby infringing free …

Takings Localism, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

Conflicts over “sanctuary” cities, minimum wage laws, and gender-neutral bathrooms have brought the problematic landscape of contemporary state preemption of local governance to national attention. This Article contends that more covert, although equally robust, state interference can be found in property, with significant consequences for our understanding of takings law.

Takings jurisprudence looks to the states to mediate most tensions between individual property rights and community needs, as the takings federalism literature recognizes. Takings challenges, however, often involve local governments. If the doctrine privileges the democratic process to resolve most takings claims, then, that critical process is a largely local …

The English Law Doctrine Of Proprietary Estoppel And The Extent To Which It Could Be Applied In Jordanian Law, Zaid Muhmoud Al-Aqaileh

UAEU Law Journal

The English law doctrine of proprietary estoppel is an equitable doctrine that represents the intervention of equity to mitigate the strictly harsh rules of the statute, and to create new proprietary rights in land, even in the absence of any formal requirements. In Jordanian law, proprietary rights in land cannot be created informally, i.e. in the full absence of the needed formalities, and Jordanian courts cannot admit mere promises, or assurances, as a means of creation of such rights. This article has examined the feasibility of the operation of the doctrine of proprietary estoppel, or a similar doctrine, in Jordanian …