Property Law and Real Estate Commons^™

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Toxic Confinement: Can The Eighth Amendment Protect Prisoners From Human-Made Environmental Health Hazards?, Brenna Helppie-Schmieder

Northwestern University Law Review

What would you do if you realized a nearby factory or energy operation was making everyone in your town sick? You might try to rally your neighbors in protest, take legal action, or cut your losses and move away. But what if your options were more limited? What if you were forced to stay? This is the situation for prisoners across the country who live in prisons located near dangerous energy industry operations.

The increased reliance on incarceration in recent times has resulted in prisons being built on undesirable land, often the same land occupied by the energy industry. This …

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.

Encouraging Transportation-Oriented Development In The United States: A Case For Utilizing “Earned-As-Of-Location” Credits To Promote Strategic Economic Development, Matthew G. Jewitt

William & Mary Law Review

No abstract provided.

Dead Men Bring No Claims: How Takings Claims Can Provide Redress For Real Property Owning Victims Of Jim Crow Race Riots, Melissa Fussell

William & Mary Law Review

No abstract provided.

The Architectural Works Copyright Protection Act At Twenty: Has Full Protection Made A Difference?, David E. Shipley

Georgia Journal of Law & Technology

No abstract provided.

Real Estate Crowdfunding – Modern Trend Or Restructured Investment Model?: Have The Sec’S Proposed Rules On Crowdfunding Created A Closed-Market System?, Cory Baker

The Journal of Business, Entrepreneurship & the Law

Crowdfunding is one of the fastest growing and most controversial segments of online purchasing and investing. Crowdfunding projects have been increasingly geared towards real estate development and are changing the scope of investment by enabling developers to solicit securities-based funding from the public. When the Securities and Exchange Commission (SEC) proposed its rules to allow crowdfunding under the Jumpstart Our Business Startups (JOBS) Act, it raised the issue of whether crowdfunding would be a viable option for building and owning large-scale projects. Offering developers new ways to finance projects, small investors a way in, and the socially conscious an avenue …

Yes To Infill, No To Nuisance, Michael Lewyn

Fordham Urban Law Journal

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Deeds And The Determinancy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan

Florida State University Law Review

The land one holds is generally only as good as the property rights contained in the deed. The rights contained in the deed are only as good as the ability to get those rights enforced. And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from the point of conveyance. This Article pens the term “determinacy norm” to explain a collection of rules for the interpretation of deed terms that aim to make the meaning of deed terms de-terminate. I contend that, in order to satisfy the determinacy norm for deed interpretation, courts must (and …

Stop The Reach: Solving The Judicial Takings Problem By Objectively Defining Property, Steven C. Begakis

Notre Dame Law Review

The future of judicial takings may rest on the ability of the Court to define property in a robust and objective way. Property has essential characteristics that make it easily identifiable, the most significant of which are the rights to exclude and use. However, even when a property right does not fit within a neat categorical definition, should that right have a long, well established pedigree in state court precedent, that property right is similarly within the capacity of the reviewing court to identify. And once it is determined that, prior to the judgment, the petitioners possessed a clearly defined …

The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman

Maryland Law Review

No abstract provided.

The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler

Faculty Publications

In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …

Conservation Easements And The Valuation Conundrum, Nancy Mclaughlin

Utah Law Faculty Scholarship

For more than fifty years, taxpayers have been able to claim a federal charitable income tax deduction under Internal Revenue Code § 170(h) for the donation of a conservation easement or a façade easement. For just as long, the deduction has been subject to abuse, including valuation abuse. Dismayed by the expenditure of significant judicial and administrative resources to combat abuse in the easement donation context, the Treasury Department recently proposed reforms, including reforms to address valuation abuse. The reforms were proposed in somewhat of an analytical vacuum, however, because there has been no comprehensive analysis of the easement valuation …

Profiles - Right Where We Started: Celebrating New York City Organizations At The Same Locations Over A Century Or More, James Hagy, Alicia Langone, Jordan Moss, Sahar Nikanjam, Bridget Pastorelle, Colin Pearce, Jennessy Angie Rivera, Ronna Zarrouk

Rooftops Project

Featuring these New York City not-for-profit institutions: The Art Students League of New York; The Bowne House Historical Society; The Bronx Zoo; Carnegie Hall; Flushing Friends (Old Quaker) Meeting House; Middle Collegiate Church; Snug Harbor Cultural Center & Botanic Garden and Sailors’ Snug Harbor in the City of New York

This article was collaboration among Professor James Hagy, Director of The Rooftops Project at New York Law School, and Alicia Langone, Jordan Moss, Sahar Nikanjam, Bridget Pastorelle, Colin Pearce, Jennessy Angie Rivera, and Ronna Zarrouk, student members of The Rooftops Project.

Taking The Oceanfront Lot, Josh Eagle

Indiana Law Journal

Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the …

Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster

University of Arkansas at Little Rock Law Review

In 2001, the Uniform Law Commission adopted the Uniform Trust Code, which regulates certain aspects of trusts. One impetus for the trust code was the ever-increasing popularity of revocable trusts as part of standard estate planning packages. Another was the fact that few states—including Arkansas—had well-developed common law trust rules, let alone any statutory trust codes. In 2005, the Arkansas legislature enacted a slightly modified version of the Uniform Trust Code (UTC), titled the Arkansas Trust Code (ATC). At that time, the University of Arkansas at Little Rock Law Review published my article summarizing the most important features of the …

With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney

University of Arkansas at Little Rock Law Review

No abstract provided.

Land Tenure And Sustainable Agriculture, Jesse Richardson

Law Faculty Scholarship

No abstract provided.

Taking The Oceanfront Lot, Josh Eagle

Faculty Publications

Oceanfront landowners and states share a property boundary located between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the owner …