Property Law and Real Estate Commons^™

Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle

Florida State University Journal of Land Use and Environmental Law

Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this …

Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker

Florida State University Journal of Land Use and Environmental Law

This Comment examines the effects of the adult entertainment industry on America's communities and addresses whether current legal protections adequately shield communities from negative secondary effects resulting from the industry. The Comment begins by recounting the history of municipalities' abilities to zone out adult entertainment establishments, describing the growth of the industry, and outlining the growth of their First Amendment protection. Next, the Comment examines the potential secondary effects resulting from adult entertainment establishments, including the spread of AIDS, increased prostitution, rape, crime, and neighborhood deterioration. The author discusses whether zoning is a viable method for decreasing these secondary effects …

Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address …

Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Environmental Cleanup Actions, The Valuation Of Contaminated Properties, And Just Compensation For Affected Property Owners, James P. Downey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Circumscribing The Reduction Of Open Space By Scattered Development: Incorporating A German Concept In American Right-To Farm Laws, Terence J. Centner

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Community Land Trusts: A Promising Alternative For Affordable Housing, Stacey Janeda Pastel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Who Owns Cross Creek?, Charles L. Siemon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Comment: Questioning The Florida Rule On Rezoning Single Parcels Of Land By Referendum, Charlotte Ford Hubbard

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Zoning: A Reply To Critics, Bradley C. Karkkainen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

How The "Property Rights" Movement Threatens Property Values In Florida, David J. Russ Aicp

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Quasi-Judicial Rezonings: A Commentary On The Snyder Decision And The Consistency Requirement, Thomas G. Pelham

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Clinton Wetlands Plan: No Net Gain In Wetlands Protection, Michael C. Blumm

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Implementing Metropolitan Regional Planning, Richard F. Babock

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Exclusionary Zoning Laws: Irrationally-Based Barriers To Normalization Of Mentally Retarded Citizens, Patrick T. Bergin

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Sfr Invs. Pool 1, Llc V. Bank Of N.Y. Mellon, 134 Nev. Adv. Op. 58 (Aug. 2, 2018) (En Banc), Jocelyn Murphy

Nevada Supreme Court Summaries

The Court determined that prior to its 2015 amendment, NRS § 116.31168, through its incorporation of NRS § 107.090, previously required homeowner associations to provide notices of default and sale to all persons and entities with a subordinate interest in the property, regardless of whether they had requested notice.

Clark County V. Hq Metro, Llc, 134 Nev., Adv. Op. 56 (Aug. 2, 2018) (En Banc), Joseph K. Fabbi

Nevada Supreme Court Summaries

The Court held that condemnation compensation is due to the party who lost a right to property when a court orders eminent domain to a government entity.

The Cycles Of Defense Acquisition Reform And What Comes Next, Andrew Hunter

Texas A&M Journal of Property Law

Many aspects of war and national defense appear to run in cycles. Indeed, the identification and explanation of these cycles is a favorite pastime of military scholars. Historians and political scientists characterize war as alternating cycles of offensive and defensive dominance. The idea of cyclicality may in fact be hardwired into academic discussions and understandings of war. For example, early war theorist Carl von Clausewitz described an ever-changing character of war undergirded by war’s fundamentally unchanging nature. Because the dominant theoretical understanding of war is that it holds a mixture of both fixed and constantly evolving elements, our concept of …

Lease Terminations As Fraudulent Transfers: Reconciling Bankruptcy Code Sections 548 And 365(C)(3), Patrick J. Glackin

Cardozo Law Review

No abstract provided.

Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Future of Regulatory Takings

October 12-13, 2017

Panel 1: The Future of Land Use Regulation: A Tribute to Callies

Panel 3: Property Rights in Water

Panel 4: The Denominator Problem and Other Emerging Issues in the Regulatory Takings Field

The End Of The Home Affordable Modification Program And The Start Of A New Problem, Christopher K. Whelan

Brooklyn Law Review

The mortgage crisis hit the United States hard, leaving millions of homeowners facing hardship and foreclosure. One of many programs enacted during the mortgage crisis was the Home Affordable Modification Program (HAMP). The Obama Administration set out to assist three to four million struggling homeowners in modifying their mortgages and avoiding foreclosure. This note examines HAMP, focusing on the years of litigation that shaped HAMP, giving life to a program that was built on a foundation ready to crack. HAMP provided homeowners with modified mortgage payments, typically beginning with a trial period plan. Once completed, homeowners were routinely denied, resulting …

Sustainable Affordable Housing, Andrea Boyack

Faculty Publications

Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world’s carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly funded incentives such as tax credits, grants, reduced approval fees, and streamlined permitting. Using market measurement innovations such as the Dow Jones Sustainability Index, investors can promote environmentally sustainable development by prioritizing real estate developers that embrace environmentally conscious practices. Even though real estate in general still underperforms in many other sectors in terms …

Maintaining Condominiums And Homeowner Associations: How Much Of A Priority?, Stewart E. Sterk

Indiana Law Journal

This Article starts, in Part I, by exploring existing lien priorities, including state variations. Part II analyzes the impact of the recent foreclosure crisis, surveying the case law that has arisen in response to that crisis. Part III focuses on the normative analysis, explaining why legislatures should accord lien priority to associations. Part IV addresses implementation issues.

Is High-Finance An Extractive Sector?, Saskia Sassen

Indiana Journal of Global Legal Studies

The article examines some of the key features of high finance (henceforth, simply finance) from the angle of the mix of capabilities that constitute the sector. It has a radically different organizing logic from that of, for instance, the typical mass consumer-oriented corporation. The article posits that finance has de-bordered the narrowly defined notion of finance as simply "financial firms and markets." It emphasizes its capacity to financialize a growing range of material and non-material elements. This has also meant that the sector by now encompasses a very broad range of financial and nonfinancial institutions, different types of jurisdictions, a …

Code Sec. 1031 After The 2017 Tax Act, Bradley T. Borden

Faculty Scholarship

No abstract provided.