Property Law and Real Estate Commons^™

"But My Lease Isn't Up Yet!": Finding Fault With "No- Fault" Evictions, Eloisa C. Rodriguez-Dod

University of Arkansas at Little Rock Law Review

No abstract provided.

Fifty Years Of Landlord-Tenant Law: A Perspective, Dale A. Whitman

University of Arkansas at Little Rock Law Review

No abstract provided.

Caveat Who?: A Review Of The Landlord/Tenant Relationship In The Context Of Injuries And Maintenance Obligations, Jerald Clifford Mckinney Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

Then And Now: The Uniform Residential Landlord And Tenant Act And The Revised Residential Landlord And Tenant Act - Still Bold And Relevant?, Lawrence R. Mcdonough

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction: A Question Of Balance: 40 Years Of The Uniform Residential Landlord And Tenant Act And Tenants’ Rights In Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell

University of Arkansas at Little Rock Law Review

No abstract provided.

We Gotta Get Out Of This Place: When Residential Tenants Leave Due To Exigent Circumstances, Elena Marty-Nelson

University of Arkansas at Little Rock Law Review

No abstract provided.

Landlord Protection Law Revisited: The Amendments To The Arkansas Residential Landlord-Tenant Act Of 2007, Ark. Code Ann. §§ 18-17-101 Et Seq., Marshall Prettyman

University of Arkansas at Little Rock Law Review

No abstract provided.

A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass

University of Arkansas at Little Rock Law Review

No abstract provided.

Report To Governor Mike Beebe, President Pro Tempore Of The Senate, And Speaker Of The House, Non-Legislative Commission On The Study Of Landlord-Tenant Laws

University of Arkansas at Little Rock Law Review

No abstract provided.

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 …

Summary Of Bergenfield V. Bank Of America, 129 Nev. Adv. Op. 40, Christopher J. Humphrey

Nevada Supreme Court Summaries

This is an appeal from a district court order denying a petition for judicial review in a Foreclosure Mediation Program matter. In Nevada’s Foreclosure Mediation Program, where a deed of trust and promissory note are held by different entities, the note holder’s sole attendance at the mediation is insufficient to satisfy the statutory requirement that the deed of trust beneficiary also attend and participate in the mediation.

Show Me The Note!, Bradley T. Borden, David J. Reiss, W. Keaupuni Akina

Cornell Law Faculty Publications

News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as "show me the note." This defense 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.

The defense arose in two recent state supreme-court cases and is also being raised in lower courts throughout the country. It is not only important to individuals facing foreclosure but also for the mortgage industry and investors in mortgage-backed securities. In the aggregate, the body of law that develops as …

''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong

Faculty Journal Articles

By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …

Making Room: Why Inclusionary Zoning Is Permissible Under Washington's Tax Preemption Statute And Takings Framework, Josephine L. Ennis

Washington Law Review

Inclusionary zoning ordinances, which typically require developers to set aside a percentage of new residential units for low and moderate income households, are a popular mechanism for ensuring the development of affordable housing in many communities. Washington State jurisdictions have been slow to introduce inclusionary zoning—particularly mandatory set-asides—perhaps because of the legal battles they would face. The Washington State Supreme Court previously relied on RCW 82.02.020 (the “tax preemption statute”) to invalidate a low-income housing ordinance in San Telmo Associates v. City of Seattle and in R/L Associates, Inc. v. City of Seattle. Washington courts have also relied on …

Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss

Faculty Scholarship

No abstract provided.

The Spatial: A Forgotten Dimension Of Property, Paul Babie

San Diego Law Review

This Article explores, such a spatial turn in the case of property theory requires further elaboration and exploration. First, analytically, the spatial turn can be used to reassemble what we already know about property to recognize expressly the spatial dimension of property, thus revealing what has always been there but which has rarely been named and discussed: property emerges from, exists in, and is replicated through space. Second, and equally important, normatively, revealing the spatial dimension adds context to the social understanding of property and thereby allows us to see and encourage further exploration of the role of property as …

Addressing The Administration Of Planned Developments: The Case Of Arroyo Grande, California, Matthew J. Downing

Master's Theses

The City of Arroyo Grande, California has a problem administering the

regulations of five Planned Developments in the City. This problem arises

from these regulations being included in a 167-page appendix at the back of

the City’s Development Code. This appendix includes the original approvals

for the Developments. It also includes amendments to those approvals.

These amendments are only added to the appendix. Therefore, changes to

the regulations governing the Planned Developments are not tracked. It

takes City staff considerable amounts of time to research answers when

members of the public have questions regarding development in one of these

Developments. …

Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi

Touro Law Review

No abstract provided.

Lis Pendens And Procedural Due Process, William B. Hanley

Pepperdine Law Review

No abstract provided.