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Articles 1141 - 1170 of 8409
Full-Text Articles in Property Law and Real Estate
Finders Keepers: Who Has Say Over Private Property In Space, Jose A. Martin Del Campo
Finders Keepers: Who Has Say Over Private Property In Space, Jose A. Martin Del Campo
Texas A&M Journal of Property Law
Current space law is unclear as to whether private entities may claim possession of resources extracted from their endeavors in outer space. The lack of certainty prevents private entities from entirely investing in infrastructure and capabilities to access new deposits of resources due to the depletion of minerals and resources on Earth. The establishment of a new space regime devoid of non-appropriation principles found in international law is necessary to motivate private entities to invest the capital in extracting and transporting space resources back to Earth. This Comment seeks to understand how the current framework of space law impacts the …
A Song Of Ice And Fire: Offshore Methane Hydrates And The Regulatory Laws That Govern The 'Methane Dragon', John Thomas
A Song Of Ice And Fire: Offshore Methane Hydrates And The Regulatory Laws That Govern The 'Methane Dragon', John Thomas
Texas A&M Journal of Property Law
Offshore methane hydrates have recently made headlines as various countries began experimenting with methods of exploration and extraction of the resource. The value and abundance of this resource presents many exciting opportunities as researchers and developers begin to contemplate the possibility of commercial development of methane hydrate reserves. This Comment seeks to explore the legal regulations in place and assess whether the current legal regime, both in the United States and internationally, would be able to efficiently regulate methane hydrates and their unique composition due to difficulties stemming from exploration and extraction. In particular, this Comment will look at how …
Let Them Learn: Recognizing And Codifying A Design-Build Self-Critical Analysis Privilege In Texas, Christian Martinez
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
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
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
"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
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
"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
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
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
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
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
"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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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 …