Property Law and Real Estate Commons^™

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.

New York's Adverse Possession Law: An Abdication Of Personal Responsibility, Jonathan M. Vecchi

Touro Law Review

No abstract provided.

The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley

Touro Law Review

No abstract provided.

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack

Faculty Publications

The Three and a Half Minute Transaction: Boilerplate and the Limits of Contractual Design, by Mitu Gulati and Robert E. Scott, is a cautionary tale about modern legal practice where the protagonist is the standard sovereign debt contract. The book discloses an undeniable flaw in sovereign bond boilerplate (the widely used pari passu clause) that, in spite of expensive, sophisticated lawyering, perpetuates a risky disconnect between party intent and contract terms. The fact that boilerplate terms persist even in elite sovereign-lending practices suggests that the problem of over-reliance on standard form language is ubiquitous.When contract terms diverge from client risk …

Leasing Space In New York City: A Practical Guide For Technology Start-Ups, New York Law School

Center for Real Estate Studies

On behalf of the New York City Economic Development Corporation, the Center for Real Estate Studies’ Capstone Seminar examined the various issues that growth-stage technology companies face when leasing office space in New York City. After compiling data from a variety of sources, including interviews with real estate and technology sector stakeholders and substantial legal research, the authors developed a practical guide for start-ups to use when negotiating a lease for office space. The guide identifies, in depth, the issues facing growth-stage technology companies in lease negotiations, provides practical advice on how to address those those issues, and suggests strategies …

The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf

UF Law Faculty Publications

This essay, written on the occasion of the 40th anniversary of the Fordham Urban Law Journal, discusses the urban settings for key regulatory takings decisions of the U.S. Supreme Court, reviews the state of expert commentary before the rebirth of regulatory takings in the high court, explores the complex relationship between liberal justices and private property rights protection, reviews regulatory takings scholarship that has appeared in the pages of this journal, and closes with some thoughts about the future of urban regulatory takings

The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

The Constitutionality Of Using Eminent Domain To Condemn Underwater Mortgage Loans, Katharine Roller

Michigan Law Review

One of the most visible and devastating components of the financial crisis that began in 2007 and 2008 has been a nationwide foreclosure crisis. In the wake of ultimately ineffective attempts at federal policy intervention to address the foreclosure crisis, a private firm has proposed that counties and municipalities use their power of eminent domain to seize “underwater” mortgage loans—-mortgage loans in which the debt exceeds the value of the underlying property—-from the private securitization trusts that currently hold them. Having condemned the mortgage loans, the counties and municipalities would reduce the debt to a level below the value of …

Koontz V. St. Johns River Water Management District, Ross Keogh

Public Land & Resources Law Review

Koontz extends the application of Nollan and Dolan, which require exactions of real property for land-use permits to share a “nexus” and be “roughly proportional” to the regulation to be constitutional. A divided United States Supreme Court held that “monetary exactions,” potentially including building permit fees or impact fees, must satisfy the Nollan and Dolan requirements even if the government denies the permit.[1] The Court did not reach the merits of the petitioner’s appeal.

[1](Kagan, Ginsburg, Breyer, and Sotomayor, JJ., dissenting).

Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School

Brigham-Kanner Property Rights Journal

Interdisciplinary Perspectives on Property

October 11-12, 2012

Panel 1: The Impact of a Leading Property Scholar

Panel 3: Property Rights in Times of Economic Crisis

Panel 4: Property's Moral Dimension

Brooklyn Law School Professors Discuss ‘Show Me The Note!’ Defense In Foreclosures, Bradley T. Borden, David J. Reiss

Cornell Law Faculty Publications

This is a Q&A relating to an article, "Show Me The Note," available at https://scholarship.law.cornell.edu/facpub/1798/.

"Show Me The Note" refers to a defense that seeks to forestall or prevent foreclosure by requiring the foreclosing party to produce the mortgage and the associated promissory note as proof of its right to initiate foreclosure.

Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)

Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …

Summary Of Nevada Power Co. V. 3 Kids Llc, 129 Nev. Adv. Op. 47, Oscar Peralta

Nevada Supreme Court Summaries

The Court reviewed a jury instruction regarding the determination of fair market value of condemned property, a portion of which is located within a government setback, for the purpose of ascertaining just compensation. Additionally, the Court considered whether the district court abused its discretion by allowing testimony provided by respondent’s expert and excluding appellant’s rebuttal evidence.

Article 9 And The Characterization And Treatment Of Tenant Security Deposits, R. Wilson Freyermuth, William H. Henning

Faculty Publications

Each day, thousands of lessees enter into contracts under which they lease either real or personal property. Under the majority of these contracts, the lessee agrees to pay (and does pay) a "security deposit" to the lessor. The lessor typically agrees to refund the deposit at the conclusion of the lease term if the lessee fully performs its obligations under the lease contract. Is Article 9 relevant to this transaction? Has the lessor taken a "security interest" in the lessee's property to secure the lessee's obligations under the lease contract?

In Part I, we highlight two opinions representative of the …

Perspectives - Kenneth Levien And Kimberly Dowdell Of Levien & Company, Inc., James Hagy, Dmitriy Ishimbayev

Rooftops Project

Kenneth Levien and Kimberly Dowdell share thoughts with The Rooftops Project’s Dmitriy Ishimbayev and Professor James Hagy on the role of project management in not-for-profit construction and renovation projects.

Mers Remains Afloat In A Sea Of Foreclosures, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Despite the simple premise of the MERS System, opponents--or those simply trying to invalidate or forestall enforcement of their mortgages--have leveled various challenges to MERS's practices and even its basic business model. Taking an aerial view of the challenges, it is possible to discern a certain pattern as one challenge seemed to morph into the next (often following rejection of the earlier one in the courts). Some borrowers have asserted that MERS lacked legal standing to foreclose because it was a mere nominee and not the owner of the note. Even if MERS's legal standing was upheld, borrowers pointed to …