Property Law and Real Estate Commons^™

Land Development & Commercial Real Estate Problems (Volume I): 2018-19, Morton G. Gross

Osgoode Course Casebooks

Course number: 5160.03

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

Property And Equity In Trademark Law, Mark P. Mckenna

Marquette Intellectual Property Law Review

This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.

I have written a lot about this narrative over the course of my career—I think it is overly simplistic, and in some ways, wrong. Trademark law has al-ways protected marks as …

The Use Of Automatic Collateral Evaluation Products In Residential Mortgage Transactions: Big Banks Use Them As Bait To Trap Consumers Into Risky Mortgages, 52 Uic J. Marshall L. Rev. 395 (2019), Roksana Gallus

UIC Law Review

No abstract provided.

A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer

UIC Law Review

No abstract provided.

Repurposing Golf Courses And Other Amenities That Burden The Land: Covenants Running Forever – A Transactional Perspective, 52 Uic J. Marshall L. Rev. 603 (2019), Celeste Hammond

UIC Law Review

No abstract provided.

Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig

UIC Law Review

No abstract provided.

Private Covenants, Public Laws, And The Financial Future Of Condominiums, 52 Uic J. Marshall L. Rev 715 (2019), Evan Mckenzie

UIC Law Review

No abstract provided.

Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies

UIC Law Review

No abstract provided.

An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese

UIC Law Review

No abstract provided.

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Brooklyn Law Review

Through the power of eminent domain, President Donald Trump is seeking to take properties owned by private landowners and Native American tribes, including people’s homes and businesses, to build a continuous physical wall along the two thousand-mile border between the United States and Mexico. He has even partially shut down the government for the longest period in history in order to pressure Congress to fund his wall. Substantial evidence suggests that this massive government condemnation scheme will not effectuate Trump’s primary purpose: to stop illegal immigration. If Trump succeeds, then potentially thousands of people from all racial backgrounds will lose …

Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French

UIC Law Review

No abstract provided.

Not For The Taking: Murr V. Wisconsin And The Denominator Problem, Colton L. Adams

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Land Development & Commercial Real Estate Problems (Volume Ii): 2018-19, Morton G. Gross

Osgoode Course Casebooks

Course number: 5160.03

Perpetual Affordability Covenants: Can These Land Use Tools Solve The Affordable Housing Crisis?, Elizabeth Elia

Penn State Law Review (2003 - Present)

Approximately 3.8 million privately-owned residential housing units in America today contain affordability covenants recorded in their chains of title. State and local agencies and the District of Columbia use these covenants to ensure that publicly-subsidized properties are actually used to provide affordable housing. With rents at all-time highs and stagnant wages, the affordable housing crisis has reached a fever pitch. House Democrats are proposing billions more in housing subsidy. To the extent those funds subsidize privately-owned housing development they, too, will be secured by affordability covenants. In response to this crisis, a new trend in high cost markets is to …

Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks

Law Faculty Research Publications

No abstract provided.

Real Property, J. Richard White, Amanda Grainger, G. Roland Love

SMU Annual Texas Survey

No abstract provided.

Recreational Rights To The Dry Sand Beach In Florida: Property, Custom And Controversy, Alyson C. Flournoy, Thomas T. Ankersen, Sasha Alvarenga

UF Law Faculty Publications

At the close of the 2018 legislative session Florida Governor Rick Scott signed HB 631 into law. Included in the bill, which addressed a number of issues relating to actions for ejectment from real property, was an amendment to the Florida Community Planning Act entitled “Establishment of Recreational Customary Use.” The new statute immediately created a sandstorm of controversy as the media seized on what many in the public perceived to be a land grab over the public’s right to recreate on Florida’s sandy beaches. As it turns out, the story is considerably more nuanced, and neither the advocates on …

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Articles

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an …

Revenge Of The Realtors: The Procompetitive Case For Consolidating Multiple Listing Services, James S. Bradbury

University of Colorado Law Review

To say residential real estate is an important part of our nation's economy is an understatement. Home ownership is either an asset or an aspiration for millions of Americans, and one needs only rewind the clock a decade for evidence of the financial ruin possible from buying and selling homes. But residential real estate transactions do not materialize out of thin air. Rather, the parties involved in a typical sale-buyers, sellers, agents, brokerages, online portals-all rely on critical infrastructure known as a multiple listing service (MLS) to get deals done. Simply put, an MLS is a platform that serves as …

Law And Neighborhood Names, Nestor M. Davidson, David Fagundes

Faculty Articles

This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in fields such as geography and sociology has emerged on the significance of place names, but this literature has largely ignored the legal dimensions of the phenomenon and its implications for urban governance, belonging, and community conflict. This Article’s empirical exploration of the role of law in change and conflict regarding neighborhood identity thus advances the discourse both for legal scholars focused on urban dynamics and across disciplines.

From gentrification …

Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao

Faculty Scholarship

Through an in-depth empirical investigation, this article discloses for the first time how and why land reform programs in the name of empowering and enriching farmers have been serving the purpose of Chinese local governments to compromise the rights revolution in the Chinese national expropriation regime. The concept of “transferable development rights” (TDRs) is simple: development rights from one parcel of land are lifted up and transferred to another. Upon a detailed examination of land tickets in Chongqing and Chengdu, the southwestern Chinese application of TDRs, this article reveals that local governments in both cities have created schemes of land …

Comprehensive Rezonings, Sara C. Bronin

Cornell Law Faculty Publications

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.

A comprehensive rezoning can …

Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action, Jon Schoenwetter

Minnesota Journal of Law & Inequality

No abstract provided.

Minnesota Supreme Court Misses The Mark On Abandoned Property Rights—Hall V. State, 908 N.W.2d 345 (Minn. 2018), Jake Morgan

Mitchell Hamline Law Review

No abstract provided.

Making Land Titles In India Marketable: Using Title Insurance As A Viable Alternative To Conclusive Titling, Anirudh Burman

Washington International Law Journal

Though land comprises a significant component of the total asset portfolio of Indian households, the quality of land titles is poor. So far, policies have been directed at improving government records, with the objective of being able to issue titles that are “conclusive” in nature, and an indemnity system run by the state that compensates those who suffer from errors or omissions of government agencies maintaining such records. This paper explores an alternative method of reaching the same objective—title insurance. Recently, the 2016 Real Estate Regulation Act has allowed state governments to require title insurance for real estate projects. There …

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Faculty Publications

(Excerpt)

Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who owned a small business refused. Trump then got a government agency—the Casino Reinvestment Development Authority (CRDA)—to take the properties through eminent domain, offering them a quarter of what they had previously paid or been offered for their land.

The property owners fought back and finally won. Although the CRDA named several justifications, from economic development to traffic alleviation and additional …

The New State Zoning: Land Use Preemption Amid A Housing Crisis, John Infranca

Suffolk University Law School Faculty Works

Commentators have long decried the pernicious effects that overly restrictive land use regulations, which stifle new development, have on housing supply and affordability, regional and national economic growth, social mobility, and racial integration. The fragmented nature of zoning rules in the United States, which are set primarily at the local level, renders it seemingly impossible to address these concerns systematically. While there have been some efforts to address local exclusionary tendencies and their suboptimal effects by means of greater state control, these efforts, which remain contentious, have been limited to just a few states.
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Privatizing The Reservation?, Kristen A. Carpenter, Angela R. Riley

Publications

The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the “privatization” of Indian lands. Proponents of this view contend that reservation poverty is rooted in the federal Indian trust arrangement, which preserves the tribal land base by limiting the marketability of lands within reservations. In order to maximize wealth on reservations, policymakers are advocating for measures that would promote the individuation and alienability of tribal lands, while diminishing federal and tribal oversight.

Taking a different view, …

Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.