Property Law and Real Estate Commons^™

The Roots Of Jack Spring V. Little, 40 J. Marshall L. Rev. 395 (2007), Richard H. Chused

UIC Law Review

No abstract provided.

Foreword: Real Estate Law And Practice Symposium Issue Of The John Marshall Law Review, 40 J. Marshall L. Rev. Xix (2007), Celeste M. Hammond

UIC Law Review

No abstract provided.

Tenant Stories: Obstacles And Challenges Facing Tenants Today, 40 J. Marshall L. Rev. 407 (2007), Mary Spector

UIC Law Review

No abstract provided.

If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, 40 J. Marshall L. Rev. 425 (2007), Mary Marsh Zulack

UIC Law Review

No abstract provided.

The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.

UIC Law Review

No abstract provided.

The Status Of Nollan V. California Coastal Commission And Dolan V. City Of Tigard After Lingle V. Chevron U.S.A., Inc., 40 J. Marshall L. Rev. 539 (2007), David L. Callies, Christopher T. Goodin

UIC Law Review

No abstract provided.

How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark

UIC Law Review

No abstract provided.

Deconstructing Lingle: Implications For Takings Doctrine, 40 J. Marshall L. Rev. 573 (2007), Dale A. Whitman

UIC Law Review

No abstract provided.

From Penn Central To Lingle: The Long Backwards Road, 40 J. Marshall L. Rev. 593 (2007), Richard A. Epstein

UIC Law Review

No abstract provided.

Private And Common Property Rights, Elinor Ostrom, Charlotte Hess

Librarian Publications

The relative advantages of private property and common property for the efficiency, equity, and sustainability of natural resource use patterns have long been debated in the legal and economics literatures. The debate has been clouded by a troika of confusions that relate to the difference between (1) common-property and open-access regimes, (2) common-pool resources and common-property regimes, and (3) a resource system and the flow of resource units. A property right is an enforceable authority to undertake particular actions in specific domains. The rights of access, withdrawal, management, exclusion, and alienation can be separately assigned to different individuals as well …

Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.

Cleveland State Law Review

This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …

The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood

West Virginia Law Review

No abstract provided.

Compensation For Porperty Under The European Convention On Human Rights, Tom Allen

Michigan Journal of International Law

This Article asks whether the right to property, as a human right, serves the same general purpose as other human rights. The Article does so by examining the standards relating to compensation for deprivations of property under the European human rights system. If the system protects property for similar reasons as other fundamental rights, the interpretation of the right to property should draw upon the principles developed in relation to the interpretation of other rights. However, if the right to property is distinct from other human rights, then perhaps guidance on its interpretation should come from comparative law, specifically in …

"Property And Law Are Born And Must Die Together"': The Honorable Dale R. Cathell's Philosophy Of Individual Property Rights And The Government In The Court Of Appeals And The Court Of Special Appeals, 1989-2007, Lynne A. Battaglia

University of Baltimore Law Review

No abstract provided.

This Land Is Your Land, This Land Is My Land: Cayuga Indian Nation Of New York V. Pataki, Katherine E. Germino

Villanova Law Review (1956 - )

No abstract provided.

Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm

UIC Law Review

No abstract provided.

Developing Las Vegas: Creating Inclusionary Affordable Housing Requirements In Development Agreements, Ngai Pindell

Scholarly Works

The lack of affordable shelter for all of America's families often appears to be an immutable part of America's housing landscape. If the inclusionary housing regime in Las Vegas allowed local governments and developers any discretion in the decision to include affordable housing in a particular development agreement, the regime would have to establish an equivalent mechanism such as individual developer suits to check abuses of this discretion. A potential safeguard of effective affordable housing planning under development agreements could be the expertise of planners and other local government officials. Inclusionary housing requirements within development agreements ensure affordable housing issues …

Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent

Seattle University Law Review

This Comment is divided into six parts. Part II examines the historical and constitutional understandings and application of eminent domain and the public use requirement. Part III analyzes cases decided under the U.S. and Washington constitutions in which courts upheld condemnors' rights to abandon or fail to fulfill the public use of the condemned property. Part IV discusses cases outside of Washington in which courts have upheld the validity of takings even though the condemnor subsequently abandoned or failed to fulfill the public use. These cases illustrate the need for more substantive and procedural protections for condemnees. Part V argues …

Introduction: The Impact Of Kelo V. City Of New London On Eminent Domain, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.

Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations , Asmara Tekle Johnson

American University Law Review

In an age of privatization of many governmental functions such as health care, prison management, and warfare, this Article poses the question as to whether eminent domain should be among them. Unlike other privatized functions, eminent domain is a traditionally governmental and highly coercive power, akin to the government’s power to tax, to arrest individuals, and to license. It is, therefore, a very public power.

In particular, the delegation of this very public power to private, non-profit and charitable corporations has escaped the scrutiny that for-profit private actors have attracted in the wake of the U.S. Supreme Court’s decision in …

Resolving The Intergenerational Conflicts Of Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold

American University Law Review

This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, etc.) made today will have a profound and perhaps negative effect on owners in future generations. It shows that the current architecture of the land transaction system and related rules unduly favor current owners over successors, causing a negative impact on land markets and choices of future players. Moreover, the article demonstrates that current doctrine and theory do not provide adequate flexibility for future generations to deal with outmoded land allocation agreements, leading to inefficiencies and frustration of the personal autonomy of future owners. The article suggests a …

Walk Along My Mind: Space, Mobility, And The Significance Of Place, Jill M. Fraley

Scholarly Articles

In America mobility is seen as a measure of success, especially for persons born in rural areas, who are assumed to want to “move on up” as soon as possible. This pressure toward both social and spatial mobility is especially strong when the birthplace is an oppressed region such as Appalachia. Ironically, while the rest of the world has disowned Appalachia, the residents of the mountains have repeatedly proclaimed the significance of cultural investment in land. This article approaches the concept of place, illuminating several variations on the theme, while particularly illustrating the strength of place claimed by Appalachia.

Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron

Fordham Urban Law Journal

People care about property. In 2005, the United States Supreme Court decided two cases with deep connections to that concern, both brought by property owners challenging the government's power under the Takings Clause to take title to, or significantly affect the value of, their property. Kelo v. City of New London has been seen as controversial while Lingle v. Chevron USA Inc. has received far less public attention. This Article argues that the significance of Kelo and of Lingle lies in the extent to which the two cases engage with, or fail to engage with, the cultural debate over the …

Urban Revitalization In The Post-Kelo Era, Lynn E. Blais

Fordham Urban Law Journal

An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Fordham Urban Law Journal

This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.

A Constitutional Significance For Precedent: Originalism, Stare Decisis, And Property Rights, Polly J. Price

Faculty Articles

The discussions in this Article proceed as follows. Part I briefly introduces several areas of contemporary debate for which this inquiry is relevant. In Part II, I examine previous scholarly evaluations of the doctrine of precedent in the formative period. I provide an alternative explanation for the adoption by American courts of rhetoric favoring stare decisis, one that links the rhetoric used by these courts with the predominant property discourse of the Founding period and with the Marshall Court’s subsequent emphasis on vested rights and the Contracts Clause. I suggest that the stare decisis property rule gained widespread acceptance as …

Lessons From Outlaws, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Local governments are adopting with increasing frequency local laws to facilitate low-impact development, ensure the construction of green buildings, and coordinate land use and transportation planning to lower greenhouse gas emissions. This builds on their progress over the past two decades in adopting an impressive number of local laws to protect natural resources. These include ordinances designed to protect trees, stands of timber, hillsides, viewsheds, ridgelines, stream beds, wetlands, watersheds, aquifers and water bodies, and wildlife habitat. At the same time, provisions designed to protect environmental features from the adverse impacts of development have been added to basic land use …

Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss

Publications

This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …

Property And Empire: The Law Of Imperialism In Johnson V. M'Intosh, Jedediah S. Purdy

Faculty Scholarship

Chief Justice Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823), has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples.

I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on a distinction between …