Property Law and Real Estate Commons^™

Sanborn V. Mclean: Beyond The Limits Of Inquiry Notice, Gerald Korngold

Articles & Chapters

This essay deepens the student's understanding of a leading property case by recounting the story behind the case. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the case has attained noteworthy status. It is suitable for adoption as a supplement in a first-year property course, or for use in an advanced seminar.

This chapter is reprinted with the permission of Foundation Press: Sanborn v. McLean: Beyond the Limits of Inquiry Notice, Chapter10 in Property Stories (Law Stories), 2nd ed. at 241-264 (Foundation Press, 2009).

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Eminent Domain: The Unintended Consequences Of Kelo, Tracy Lynn Bower

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, local governments in the United States have increasingly used eminent domain to promote economic development, raising concerns among property-right advocates over what those advocates view as unlawful, or what should be unlawful, takings of private property in order to benefit another private property owner. This philosophical and legal dispute reached a crisis point in the 2005 United States Supreme Court decision in Kelo v. City of New London. In that decision, the court narrowly upheld a Connecticut Supreme Court ruling granting the City of New London permission to redevelop land that had been seized from existing homeowners …

Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

This article uses a social welfare approach to determine if and when the institution of constitutional judicial review of property regulation and expropriation is efficient. A model is proposed in which property rights protection is a component of social costs. Constitutional judicial review is assumed to either add to or subtract on net from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, that constitutional judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the …

Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on orphan works--works whose copyright owners cannot be found--and the problems they create for libraries and archives that wish to preserve and facilitate access to them. After describing the legal basis for the orphan works problem, the Note analyzes and critiques proposed legislative and scholarly solutions. After concluding that prior solutions fail to adequately address the needs of libraries and archives, the Note offers a solution based on the policy rationales underlying the traditional property concept of adverse possession, since the justifications that supported the advent of the adverse possession doctrine can also be applied to the …

The Bank Began Treating Them Badly: Plains Commerce Bank, The Supreme Court, And The Future Of Tribal Sovereignty, Cullen D. Sweeney

American Indian Law Review

No abstract provided.

Lifting The Museum's Burden From The Backs Of The University: Should The Art Collection Be Treated As Part Of The Endowment Symposium: Tax-Exempt Organizations And The State: New Conditions On Exempt Status, Linda Sugin

Faculty Scholarship

A few universities in economic straits have recently attempted to sell artwork to address their financial woes, causing much consternation in the museum community. This Article relates the stories of some institutions' attempts to deaccession artworks, and explains why universities may suddenly perceive their art collections as important assets to monetize. It contends that the universities and their critics have fundamentally divergent conceptions of the role of the art collection in the university, which explains why they cannot agree on the legal responsibilities of universities vis-a-vis their art. The critics have a strong cultural-property conception that privileges art, while these …

Not Just For Kids: Why Georgia's Statutory Disinheritance Of Deadbeat Parents Should Extend To Intestate Adults, Theresa L. Davis

Georgia Law Review

In 2007, the Georgia legislature amended its intestacy laws to prohibit a parent, who had abandoned a minor child, from inheriting through that minor child's intestate estate. Many states have adopted similar abandonment provisions,but very few of those states limit their provisions to only intestate decedents who die as minors, as Georgia does. Georgia's approach poses a distinct problem: deadbeat parents are rewarded financially-despite their failure to meet parental obligations-if their abandoned children die intestate at age eighteen or older and predecease their parents. This Note seeks to solve this problem and proposes amending Georgia's intestacy laws by removing the …

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.

Accession And Original Ownership, Thomas W. Merrill

Faculty Scholarship

Although first possession is generally assumed to be the dominant means of establishing original ownership of property, there is a second but less studied principle for initiating ownership, called accession, which awards new resources to the owner of existing property most prominently connected to the new resource. Accession applies across a wide variety of areas, from determining rights to baby animals and growing crops to determining ownership of derivative rights under intellectual property laws. Accession shares common features with first possession, in that both principles assign ownership uniquely in a way that imposes minimal information cost burdens on society. But …

Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Peter Nichols, General Counsel of the Lower Arkansas Valley “Super Ditch” Company, Trout, Raley, Montano, Witwer & Freeman PC, Colorado

33 slides

Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho

25 slides

Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …

Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Ed Smith, General Manager, Palo Verde Irrigation District, Southern California

25 slides

Real Property, Linda S. Finley

Mercer Law Review

The survey period proved to be an active one for cases and legislation involving real property. Particularly, the Georgia General Assembly, in apparent reaction to the housing and foreclosure crisis faced by the entire country, enacted consumer-friendly changes to the long-standing foreclosure statute. The courts were also active in review of real property issues, and as the number of cases involving real property issues continues to increase, it becomes more difficult to determine which cases should be contained in this Survey. Nevertheless, this Article discusses caselaw and legislative developments in Georgia real property law from June 1, 2007 through May …

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …

The Evolution Of Property Rights: A Synthetic Overview, James E. Krier

Law & Economics Working Papers Archive: 2003-2009

In this paper I review, extend, and critique two contrasting approaches to the evolution of property rights. The legal literature on the subject is dominated by a conventional approach, which holds a virtual monopoly despite its many shortcomings, and the literature neglects an alternative approach, despite its many virtues (including, but not limited to, the virtue of responding to many of the conventional approach’s deficiencies). The paper provides an overview of both approaches, including a brief intellectual history of each – and should thus inform readers without specialized knowledge of the subject but nevertheless interested in it – and aims …

Personal Residences, Dale P. Burgess

William & Mary Annual Tax Conference

No abstract provided.

Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.

Like-Kind Exchanges, Robert D. Schachat

William & Mary Annual Tax Conference

No abstract provided.

Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase

University of Richmond Law Review

No abstract provided.

Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker

BYU Law Review

No abstract provided.

Standardization And Pluralism In Property Law, Nestor M. Davidson

Vanderbilt Law Review

At the heart of contemporary property theory stands an intriguing puzzle. Unlike the relatively unconstrained freedom that contract law provides for private ordering, property law recognizes only a limited and standard list of mandatory forms. This standardization-known as the numerus clausus from the civil law concept that the "number is closed"-poses a basic conundrum: what can explain a persistent feature of the law that seems, at first glance, so clearly to restrict the autonomy and efficiency gains conventionally associated with private property?

This puzzle has garnered significant scholarly attention in recent years. Some scholars have argued that standardization, although paternalistic, …

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for a writ of mandamus challenging the respondent’s issuance of a building permit for a water treatment plant.

Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

This is an original petition for a writ of certiorari or mandamus challenging the Nevada State Board of Equalization’s review and remand of the Washoe County Board of Equalization’s determination to equalize certain taxable valuations.

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

No abstract provided.

Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme

Nevada Supreme Court Summaries

Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.

Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams

Nevada Supreme Court Summaries

Developer's (D.R. Horton) petition for a writ of mandamus or writ of prohibition against the Eighth Judicial District Court's denial of the Developer's partial motion for summary judgment.

Chop It Up Or Sell It Off: An Examination Of The Evolution Of West Virginia's Partition Statute, John Mark Huff

West Virginia Law Review

No abstract provided.

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Faculty Scholarship

No abstract provided.