Property Law and Real Estate Commons^™

The Restatement Of Property: The Curse Of Incompleteness, Thomas W. Merrill

Faculty Scholarship

The central feature of the American Law Institute’s Restatement of Property is that it remains incomplete after nearly seventeen volumes produced over nearly ninety years. The principal explanation for this is the proclivities of the Reporters who have been responsible for the first three iterations of this effort. Some of these proclivities, such as a commitment to meticulous research, have been commendable. But the incompleteness of the effort has reduced the influence of the property Restatement, relative to other Restatements like contracts and torts. The chapter concludes with a description of the Fourth Restatement of Property, now underway, and the …

Compensating And Taxing Land Regulations, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

In this article, I synthesise the literature regarding the law and economics approach dealing with compulsory acquisition. Contrary to the status quo, I reason that regulations not amounting to an acquisition, but which adversely affect economic value, should also be compensable from an efficiency lens. This can be accommodated within the existing jurisprudence by recognising that acquisition ‘gains’ can also include environmental amenities, rather than only limiting these to land or property in specie by the acquiring authority. Similarly, where landowners enjoy an uplift in value from regulations, some part of this windfall profit should be taxable. The article takes …

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …

Singling Out Single-Family Zoning, John Infranca

Suffolk University Law School Faculty Works

Single-family zoning is increasingly under attack in both the popular press and scholarly journals. Critics highlight how zoning districts that allow only detached, single-family homes exacerbate racial and economic segregation and perpetuate wealth disparities. Although a few local and state legislatures have eased regulations to permit denser development in existing single-family neighborhoods, such neighborhoods remain the dominant component of American zoning. The power of local governments to impose zoning derives from the police power—traditionally understood as the power to legislate in furtherance of health, safety, and the public welfare. These traditional concerns seem to provide little justification for prohibiting duplexes …

Comparing & Contrasting Economic And Natural Law Approaches To Policymaking, Eric Kades

Faculty Publications

Eric Claeys’s monograph, Natural Property Rights, offers a comprehensive and thoughtful articulation of a general theory of property rights rooted in the natural law tradition. This detailed review compares Claeys’s work with the consequentialist law and economics perspective on property. After contrasting their objectives, assumptions, and methodologies this article concludes that, unlike more absolutist approaches, Claeys’s flavor of natural property rights places a modicum of weight on the welfare effects central to economic analysis. This restrained nod in the direction of practicality, however, does not eliminate some of the long-known weaknesses of natural law. Perhaps the most glaring gap …

Climate Change Adaptation And The Protection Of Indigenous Peoples’ Land & Resources In Latin America, Terrence Neal

Faculty Scholarship

No abstract provided.

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …

Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman

Indonesia Law Review

Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order …

Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris

University of Cincinnati Law Review

No abstract provided.

On The Rightful Deprivation Of Rights, Frederick Schauer

Notre Dame Law Review

When people are deprived of their property rights so that the state can build a highway, a school, or a hospital, they are typically compensated through what is commonly referred to as “takings” doctrine. But when people are deprived of their free speech rights because of a clear and present danger, or deprived of their equal protection, due process, or free exercise rights because of a “compelling” governmental interest, they typically get nothing. Why this is so, and whether it should be so, is the puzzle that motivates this Article. Drawing on the philosophical literature on conflicts of rights and …

Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder

Washington Law Review

The 2021 Federal Trade Commission (FTC) investigation into cloud storage app developer Everalbum resulted in a consent decree that required Everalbum to delete not only unlawfully collected data, but also algorithms created using that data. The FTC had imposed this kind of penalty only once before. Questions remain about how the FTC will apply this so-called intellectual property (IP) deletion requirement in the future. This Comment argues that situations where companies develop intellectual property from misappropriated consumer data are analogous to cases where courts seek to apply the property law rule of the wrongful improver, i.e., where one party knowingly …

A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren

William & Mary Bill of Rights Journal

In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …

Real Property, Erica L. Burchell

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2021 and May 31, 2022. The 2021 Calendar year saw interest rates on a fixed-rate thirty-year mortgage hover at or around roughly 3%—oftentimes actually being below 3%. Since the beginning of 2022, those rates have continued on a nearly steady climb, with the average rate for a thirty-year fixed-rate mortgage for the week of May 26, 2022, clocking in at over 5%, a staggering difference from the year before. Rising interest rates have likely cooled demand for refinances. Nationally, while 2022 is showing a decline in new purchase …

Resulting And Constructive Trusts In The Contemporary Singaporean Family Context, Man Yip

Research Collection Yong Pung How School Of Law

The legal rules that emerge in a society are shaped by the conditions of that society. In the area of trusts law, this chapter argues that the English principles of the presumed resulting trust and the common intention constructive trust have been adapted to suit the Singaporean family context. At first sight, given that Singapore law has declined to follow the Stack v Dowden line of developments that have taken place in English law concerning beneficial ownership of family property, it may appear that Singapore trusts law is more conservative and that pre-Stack English law is better preserved on Singapore …

The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang

Research Collection Lee Kong Chian School Of Business

This paper examines the impact of fiduciary duties on collective asset sales in the case of owners acting as delegates for other owners, thereby potentially inducing conflicts of interests. Our identification strategy exploits a unique legal shock in Singapore, which established fiduciary duties in those transactions in the real estate market known colloquially as en bloc sales. The imposition of fiduciary duties caused the price premium of units sold via en bloc sales to increase over units ineligible for en bloc sale, as well as over units that, although eligible for en bloc sale, are sold individually. In addition, this …

Real Property Law—Easements—Why Arkansas Should Adopt The Uniform Easement Relocation Act., Adam Conrady

University of Arkansas at Little Rock Law Review

No abstract provided.

The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

Essential Property, Timothy M. Mulvaney, Joseph William Singer

Faculty Scholarship

For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people in poverty as morally suspect. This Article advances a counterview in contending that the widespread lack of essential resources did not simply arise naturally via individuals’ life choices but instead has been, in very meaningful part, created and perpetuated by our system of property laws.

The …

Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten

SLU Law Journal Online

Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.

Recent Amendments To The Interim Real Estate Registery Of The Emirate Of Dubai (Its Effects On The Legal Characterization In Off Plan Sale Contracts, Yassir Aliftaihat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research discusses the regulations of selling off plan real estate units as stated on the Emirate of Dubai by the legislator who has regulated and imposed the subsequent amendments to the law in order to face the most significant challenge in the field of real estate development in the Emirate of Dubai, where distinguishes the real estate investment, gives the Private Real Estate Developer a board scope whether is local or foreign and attracts purchasers, investors, and foreigners. Therefore, a new concept of the real estate legislation has established to achieve two basic aims: the first aim is to …

The Right To Recover Property Sold At Public Auction Under The Jordanian Law, Osayed Thneibat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Bureau for the Interpretation of Laws adaptation of the right to recover the real property as an abolishing clause in the judicial sale of the property leads us to examine the impacts of this right in both stages that this clause applied on، the suspending stage and affirmed stage of the clause. In this regard، we found that the right to recover in the suspending stage tied with a legal restriction burden on whom be remitted the right not to dispose of the recovered property neither by swapping، donation، mortgaging or parcelling (demarcation). Therefore، we examine the impact of …

A Relational Approach To Property, Jennifer Nedelsky

Articles & Book Chapters

No abstract provided.

Regulations For The Termination Of The Real Estate Contract Sell On The Blueprint Unilaterally: A Comparative Study Of The Law Regulating The Initial Real Estate Registry In The Emirate Of Dubai, Ali Hadi Alobeidi Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The contract for the sale of real estate on the map shall mean the contract whereby real estate units classified on the map or in the process of being constructed or not completed shall be sold. This contract is a necessary contract and, according to general rules, it is assumed that neither party can terminate it voluntarily without consent or litigation. However, Article (11) of the law regulating the initial land registry in the Emirate of Dubai granted the real estate developer the right to terminate the sales contract concluded with the buyer without consent or litigation when the buyer …

Infrastructure Sharing In Cities, Sheila Foster

Georgetown Law Faculty Publications and Other Works

In this Essay, I reflect on the different ways in which cities engaged in what I call “infrastructure sharing” during the COVID-19 pandemic. Cities around the world responded to the pandemic by repurposing their streets and sidewalks into outdoor seating, dining spaces, and car-free pedestrian corridors. At the same time, many cities and states also faced calls to “reclaim” underutilized public and private structures like empty houses and hotels and put them to a use responsive to the crisis. The Essay will highlight the difference between sharing property and assets that are part of the “public estate” and dedicated exclusively …

Balancing Testator Freedom With Reproductive Rights In A Post-Dobbs Illinois, Mary Webb

SLU Law Journal Online

When creating a trust, a grantor may attach conditions that beneficiaries must meet before receiving an inheritance. Some conditions can become so restrictive that they contravene public policy and are unenforceable by courts. In this article, Mary Webb balances Illinois public policy on testamentary and reproductive freedom to determine whether an Illinois court would uphold a beneficiary restriction clause that restricts a beneficiary's reproductive rights.

Remedying The Immortal: The Doctrine Of Accession And Patented Human Cell Lines, Julia E. Fissore-O'Leary

Notre Dame Law Review

Importantly, though this Note employs Henrietta Lacks as the illustrative, paradigmatic case for the theory of accession it proposes, accession can be, and should be, broadly construed to apply to all like-situated patients. Part I of this Note briefly explains the timeless human-body-as-property debate. Next, Part II addresses the concept of accession—its theoretical underpinnings, definitions, and amenability to this and other lawsuits. Part III applies accession to HeLa and develops a methodology for calculating damages in this unique setting. This Note does not pretend to present a perfectly wrought formula. Instead, it offers several possibilities for determining compensation. Finally, …

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …

Eviction Moratorium Redux, Cardozo Public Interest Law Student Association, Cardozo Real Estate Law Association

2022–2023 Flyers

No abstract provided.

The Realities Of Takings Litigation, Dave Owen

BYU Law Review

This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States' …

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.