Property Law and Real Estate Commons^™

Race And Property Law, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This chapter offers an outline for understanding the key role of race in producing property values in the history of the American property law system. It identifies major developments in the mutually formative relationship between race and property in America that made and remade property interests in America through the processes of 1) dispossessing nonwhites, 2) degrading their homelands, communities, and selves, and 3) limiting their efforts to enter public space and occupy or acquire property within the regime thereby established. First, it describes the use of law to create the two most important forms of property in the colonies …

Fraudulent Transfer As A Tort, David G. Carlson

Articles

Fraudulent transfer law has historically been an in rem right of a creditor to property fraudulently received by a third party. In a minority of states, courts have treated fraudulent transfers as creating an in personam liability of the transferring debtor, the recipient, and any other third party who "conspired" with the transferor to achieve the transfer. This Article examines the wisdom of this modern trend and finds it wanting. The United States Supreme Court in 1861 was correct: fraudulent transfers are not wrongs. They merely create in rem rights.

Property Transitions, Michael A. Heller

Faculty Scholarship

Time plays a key role in this book. The last two chapters discussed two reasons why time matters to the life of property: over time, owners effect voluntary changes to property in order to carry out their life plans and the state imposes involuntary changes (from the individual owner’s perspective) in response to changing circumstances, shifting needs and wants, and revised public goals. For the state to function – and to remain justified on liberal principles – the government must have this ability to adjust ownership. However, state-initiated transitions to ownership – implemented through governments’ police and takings powers – …

Heirs Property In Georgia: Common Issues, Current State Of The Law, And Further Solutions, Caitlin Henderson

Georgia Law Review

In Georgia, real property passes through an intestate estate
in the form of heirs property. Under this system, heirs share
ownership of the property as tenants in common. This form of
ownership poses several obstacles to realizing the land’s full
potential and, in certain circumstances, courts will partition
the property in forced sales or will physically divide the
property among the heirs. Heirs property and its accompanying
problems are particularly common in Georgia due to strict
policies concerning will execution formalities. Georgia and the
U.S. Congress have attempted to cure the problems associated
with heirs property through the adoption of …

An Eye For An Eye And A Tooth For A Tooth: An Analysis Of Georgia’S Landlord Retaliation Law, Nicole Hammett

Georgia Law Review

Landlord retaliation laws protect tenants from landlords’
harmful retaliatory actions in response to tenants’ exercise of
their legal rights. In May 2019, Georgia joined the majority of
other states by enacting H.B. 346, an act establishing the
requirements for a prima-facie case of landlord retaliation.
Georgia’s eviction and poverty rates are higher than the
national average, and this law stands to address underlying
issues that drive those problems.
Other states’ landlord retaliation laws offer best practices in
addressing landlord retaliation. These include implementing
rent abatement protections and expanding the scope of
protected actions. Improving low-income individuals’ access to
counsel and …

Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson

Georgia Law Review

To determine the proper procedure by which landowners
may seek judicial review of adverse decisions on rezoning
applications, Georgia courts must consider the nature of
rezoning decisions. For decades, the courts have held—with
little explanation—that rezoning decisions are legislative acts
subject to de novo review. Then, in the 2017 case Diversified
Holdings, LLP v. City of Suwanee, the Georgia Supreme
Court classified rezoning decisions as adjudicative acts that
may only be reviewed by writ of certiorari. Because the court
did not explicitly overturn the decades of precedent classifying
rezoning decisions as legislative acts, however, the nature of
rezoning decisions—and thus …

The Limits Of Equity, Michael Lewyn

Scholarly Works

"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.

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”).