Property Law and Real Estate Commons^™

Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia …

Real Property, Erica L. Sullivan

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2022 and May 31, 2023. This Article will cover several interesting cases decided during the survey period and will also take a look at one of the new legislative updates that may impact practitioners in the future.

Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May

Washington Law Review

Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …

Taking The Land Back: How To Return Stolen Land To The Indigenous People Of New York State Through Eminent Domain, Devin Nicole Barbaro

Journal of Law and Policy

From the moment that European colonizers landed in North America hundreds of years ago, land rights have been stripped away from the Indigenous people of this land. Land Back is an activism and advocacy movement to regain land rights for the Tribal Nations across the United States. Returning stolen land to Tribal Nations is a form of reparations for the atrocities the United States has inflicted upon these Nations for hundreds of years. Additionally, land that is managed by Indigenous communities is proven to be more resilient against the detrimental effects of climate change, making the return of land to …

"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang

Research Collection Yong Pung How School Of Law

In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …

Who Owns Children’S Dna?, Nila Bala

Michigan Law Review

In recent years, DNA has become increasingly easy to collect, test, and sequence, making it far more accessible to law enforcement. While legal scholars have examined this phenomenon generally, this Article examines the control and use of children’s DNA, asking who ultimately owns children’s DNA. I explore two common ways parents—currently considered “owners” of children’s DNA— might turn over children’s DNA to law enforcement: (1) “consensual” searches and (2) direct-to-consumer testing. My fundamental thesis is that parental consent is an insufficient safeguard to protect a child’s DNA from law enforcement. At present, the law leaves parents in complete control of …

Vietnam's "Entire People Ownership" Of Land: Theory And Practice, Phan Trung Hien, Hugh D. Spitzer

Articles

The Constitution of Vietnam declares that “[t]he Socialist Republic of Vietnam State is a socialist rule of law State of the People, by the People, and for the People.” It also states that land is “under ownership by the entire people represented and uniformly managed by the State.” This means the entire people of Vietnam are collective landowners and the Vietnam State is their “representative.” Given that, how might the public execute its real ownership—rather than treating “people’s ownership” as just a slogan? This article analyzes the gaps in theory and practice in Vietnam, a country with a robust market …

Penolakan Kpr Sebagai Syarat Tangguh Pembatalan Ppjb (Studi Kasus: Putusan Nomor 1138/Pdt.G/2020/Pn Sby), Alfin Permana Lutfi, Lauditta Humaira

Lex Patrimonium

This thesis analyzes Decision Number 1138/Pdt.G/2020/PN. Sby regarding the problem of refusing mortgages which resulted in binding agreements in buying and selling houses. The problems to be examined are the legal provisions regarding mortgage approval as a tough condition in the house sale and purchase agreement and the enforceability of PPJB cancellation and exoneration clauses in the construction of civil law in Indonesia with regard to the case in decision number 1138/Pdt.G/2020/PN.Sby. As for the legal provisions regarding KPR approval as a tough condition for PPJB cancellation, they are not clearly regulated in Indonesian laws and regulations. The house sale …

Rela Presents: Guest Speaker, Cardozo Real Estate Law Association

2023–2024 Flyers

No abstract provided.

Navigating The Tension Between Preservation And Development Pressure: Cities’ Imperative To Save Independent Music Landmarks While Simultaneously Providing For Growth, Mary-Michael Robertson

Vanderbilt Journal of Entertainment & Technology Law

While cities can use their power to enact zoning ordinances and create historic preservation districts, these preservation ordinances vary widely across the United States, from allowing almost any type of development to strictly limiting any new development that does not match existing height, density, and use patterns. Within this framework, state legislatures have often limited the types of regulatory actions cities may take, as cities are merely political subdivisions of the state. Some states—known as “Dillon’s Rule” states—restrict cities from taking novel legislative approaches to existing policy issues, such as affordable housing, unless those powers are expressly provided to the …

Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …

What’S Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris

University of Miami Law Review

In Cedar Point Nursery v. Hassid, the U.S. Supreme Court unnecessarily expanded the Fifth Amendment’s Takings Clause. In doing so, the Court veered away from established precedent and overturned prior case law—without expressly admitting to doing so.

In 2021, the Court held that a California law allowing union organizers to access private property under certain conditions took away a landowner’s right to exclude others and was (apparently) immediately compensable under the Fifth Amendment’s Takings Clause. Prior law had subjected temporary takings to an uncertain, unpopular, and ambiguous balancing test—but the Cedar Point holding turned temporary takings jurisprudence on its head …

A Path For Wealth And Cultural Restoration For The Gullah-Geechee Residents Of The Low Country (Reviewing Brenda D. Gibson, The Heirs' Property: Racial Caste Origins & Systemic Effects In The Black Community), Phyllis C. Taite

Other Faculty Publications

No abstract provided.

Jlsa X Rela X Chabad Present: Shuam Mermelstein Real Estate Associate At Davis Polk, Cardozo Jewish Law Student Association (Jlsa), Cardozo Real Estate Law Association, Chabad At Cardozo, Jewish Graduate Student Initiative

2023–2024 Flyers

No abstract provided.

Tending Gardens, Ploughing Fields, And The Unexamined Drift To Constructive Takings At Common Law, Douglas C. Harris

All Faculty Publications

Expropriation law in Canada has operated on the basis of two presumptions at common law: that compensation is owing for the compulsory acquisition of property unless specifically indicated otherwise by statute; and, that no compensation is owing for land use regulation unless specifically provided for by statute. In its decision in Annapolis Group Inc. v Halifax Regional Municipality, the Supreme Court of Canada abandoned the second presumption that compensation for land use regulation required a statutory foundation. The majority and dissent proceed on the unexamined foundation that there is a common law basis for compensation in claims for constructive takings …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin

MC Law Review

A will provides a mechanism to dispose of property at death. But costly litigation—or worse, a will’s invalidation—often thwart this purpose. The law of probate is state-specific, which leaves jurisdictions with the burden of ensuring that their laws promote rather than defeat the purpose of probate—to honor the testator’s intent. Mississippi attempts to recognize this purpose by requiring strict compliance with the statutory requirements for creating a will. This “better safe than sorry” approach errs on the side of invalidity with the hope that denying a non-compliant instrument for probate will prevent fraud and other wrongdoing.

Despite its intention, Mississippi’s …

Takings In Disguise: The Inequity Of Public Nuisance Receiverships In America’S Rust Belt, Anna Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

Since they were created in the 1980s in Cleveland, Ohio, public nuisance receiverships have spread across the American Rust Belt. This Note critically analyzes the legal implications of public nuisance receiverships, which involve the intrusion onto private property for public purposes. Despite claims that these actions align with exceptions to due process or public nuisance principles, a deeper examination reveals their fundamental nature as government takings of private property. This Note dissects the legal framework within the context of the Fifth Amendment, debunking the applicability of the public nuisance exception, establishing that receiverships constitute takings, and highlighting conflicts with Anti-Kelo …

The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko

Washington and Lee Law Review

Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and large discrepancies in life expectancy for Black Americans when compared to their White counterparts. While health is impacted by various factors, segregation has been shown to impose various challenges that make it difficult for Black Americans to attain good health.

Segregated Black communities struggle with economic inequality, environmental racism, and face …

Real Property Issues In Family Law: An Annotated Bibliography, Allen Rostron

Faculty Works

No abstract provided.