Fixtures, Mortgages And Retention Of Title Clauses,
2021
Singapore Management University
Fixtures, Mortgages And Retention Of Title Clauses, Alvin W-L See
Research Collection Yong Pung How School Of Law
This article examines the impact of the doctrine of fixtures on the supply of goods on retention of title terms, particularly where the goods have been affixed to a land that is encumbered by a pre-existing mortgage. As the law now stands, the mortgagee invariably prevails in a priority contest, leaving the supplier with no effective way of protecting its interest. It is argued that the currently broad definition of a fixture requires rethinking to achieve a more balanced treatment of the two parties.
Fee Simple Failures: Rural Landscapes And Race,
2021
University of Nebraska College of Law
Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker
Michigan Law Review
Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of …
When Worlds Collide: Science And Policy At Odds In The Regulation Of Virginia's Private Forests,
2021
Virginia Polytechnic Institute and State University
When Worlds Collide: Science And Policy At Odds In The Regulation Of Virginia's Private Forests, Michael J. Mortimer, Harry L. Haney Jr., Jonathan J. Spink
Journal of Natural Resources & Environmental Law
No abstract provided.
Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures,
2021
Villanova University Charles Widger School of Law
Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility,
2021
Brooklyn Law School
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Brooklyn Journal of Corporate, Financial & Commercial Law
The historic Tax Cuts and Jobs Act (TCJA), passed and signed into law in 2017, included a pilot program of a new kind of tax advantage: the Qualified Opportunity Zone. The obscure provision has since spawned novel investment vehicles, called Qualified Opportunity Funds, through which qualified individuals and entities participate in what are often significant tax advantages, including deferral of capital gains for up to ten years. Because Qualified Opportunity Funds have come into existence so recently, regulation has been slow to catch up to the ways in which this tax program is rapidly attracting capital from private equity, investment …
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis,
2021
Brooklyn Law School
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing market. Furthermore, it has pushed New York State’s residential housing market into a uniquely precarious position. Dramatic legislation is required at the state level to address the housing crisis caused by the massive growth in income-insecure and housing-insecure individuals that resulted from the pandemic, as well as the widespread departure of …
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling,
2021
Brooklyn Law School
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Brooklyn Journal of Corporate, Financial & Commercial Law
The current enforcement method of the fair use doctrine is not suitable to handle the ever-evolving music industry. The fair use doctrine allows a copyright protected work to be used without getting it approved by the original owner of the work. This is seen often in music sampling. Music sampling is extremely prevalent in today’s music industry; however, federal court is currently the only arena that sampling disputes can be resolved in. This has led to inconsistencies across circuits, unfairness, and exacerbated the backlog of the federal court docket. While many have pointed out both the inefficiency and unfairness of …
California,
2021
Texas A&M University School of Law
California, Joshua L. Baker, Ryan Mahoney
Texas A&M Journal of Property Law
Oil and gas output in California has declined as the industry faces increasing regulatory and market headwinds. However, California remains a major oil and gas producing jurisdiction at the present. California is the seventh-largest producer of crude oil in the United States and contains the fifth-largest crude oil reserves.
West Virginia,
2021
Texas A&M University School of Law
West Virginia, Michael K. Reer, Valerie Antonette
Texas A&M Journal of Property Law
West Virginia is one of the most prolific energy-producing states in the country. According to the U.S. Energy Information Administration, West Virginia ranked seventh among states in production of natural gas in 2018, contributing 1.8 trillion cubic feet. Further, the consistency in permit application appears to support the proposition that West Virginia operators will continue producing significant volumes well in the future. The West Virginia Department of Environmental Protection (“WVDEP”) issued 582 horizontal well permits in 2015, 223 in 2016, 509 in 2017, 433 in 2018, and 467 in 2019.
Solving The Interconnection Problem,
2021
Texas A&M University School of Law
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Texas A&M Journal of Property Law
The distinct three energy grids as such exist in the United States (the Western Interconnection, the Eastern Interconnection, and the Texas Interconnection or ERCOT) unnecessarily constrain the United States in addressing its future energy needs, as electricity flow between the three grids is very limited. As our country’s reliance on traditional nonrenewable energy sources like coal continue to decline and the reliance on renewable energy sources continues to grow, the United States should focus on replacing the existing three-grid system with a national energy grid that will benefit energy companies and consumers, as well as serve our future energy needs. …
Alabama,
2021
Texas A&M University School of Law
Alabama, Brandt Hill, Ted Holt
Texas A&M Journal of Property Law
Between October 2019 and September 2020, there were no noteworthy appellate decisions interpreting Alabama law directly relevant to oil and gas companies or operations. Similarly, there are no statutory amendments or administrative decisions impacting oil and gas companies operating in the state. However, the Alabama Supreme Court and the Eleventh Circuit Court of Appeals each issued an opinion addressing jurisdiction and procedural issues that are relevant to operators in Alabama. We discuss those opinions below.
Arkansas,
2021
Texas A&M University School of Law
Arkansas, John Peiserich
Texas A&M Journal of Property Law
Does the government have the authority to alter the terms of an agreement between private parties that it deems unfair? At first pass, most Americans would agree that it does not. Of course, exceptions apply. American courts exercise the right to break up monopolies, enforce a minimum wage, and invalidate contracts that they deem unconscionable.
Michigan Oil And Gas Update,
2021
Texas A&M University School of Law
Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard
Texas A&M Journal of Property Law
On March 23, 2020, the Michigan Court of Claims issued its opinion in Mannes v. Michigan Dep’t of Treasury. This case considered the meaning of the phrase “expenses of producing oil and gas” as such expenses relate to “taxable income” under the Michigan Income Tax Act of 1967.
Ohio,
2021
Texas A&M University School of Law
Ohio, Gregory W. Watts, Matthew W. Onest
Texas A&M Journal of Property Law
Ohio courts continue applying the Ohio Marketable Title Act to severed oil and gas rights.1 As with many statutes, there are generally two questions that must be answered: (1) does the particular statute apply to the particular facts of the case and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case? Both questions about Ohio’s Marketable Title Act and severed mineral interests were further examined and explored in 2020.
Oklahoma,
2021
Texas A&M University School of Law
Oklahoma, Mark D. Christiansen
Texas A&M Journal of Property Law
The case of White Star Petroleum, LLC v. MUFG Union Bank, N.A. presented two questions of state law certified to the Oklahoma Supreme Court by the United States Bankruptcy Court for the Western District of Oklahoma: (1) Are the “trust funds” create[d] by Title 42 O.S. § 144.2, entitled “Creation and Appropriation of Trust Funds for Payment of Lienable Claims,” limited to obligations due nonoperator joint working interest owners, or do such funds include payments due [to] holders of mechanic’s and materialmen’s liens arising under and perfected by Title 42 O.S. § 144? (2) Does the Oil and Gas Owners’ …
Virginia,
2021
Texas A&M University School of Law
Virginia, Daniel B. Kostrub
Texas A&M Journal of Property Law
This Article addresses developments in Virginia oil and gas law for the period from September 1, 2019, to September 1, 2020. During this period, the Supreme Court of the United States heard the Atlantic Coast Pipeline case, providing a significant ruling that allowed the pipeline to cross underneath the Appalachian trail. Additionally, Judge Chadwick S. Dotson of the Circuit Court of Wise County and the City of Norton issued an opinion regarding the mining of uranium in the Commonwealth.
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020,
2021
University of Tulsa College of Law
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone
Texas A&M Journal of Property Law
On the road to energy security, independence, and success, this past year Oklahoma has seen “construction” projects in the works. Renewable energy, however, hit a major roadblock in the form of the COVID-19 pandemic. Historically, Oklahoma produced most of its electricity through coal and natural gas. In the past decade, renewable sources like wind and solar energy represent a growing segment of electricity generation in the state. In 2019 and 2020, Oklahoma developed a stronger renewable energy policy by enacting legislation, passing administrative decisions, and passing local city ordinances.
Lousiana,
2021
Louisiana State University Law Center
Lousiana, Keith B. Hall
Texas A&M Journal of Property Law
Act No. 227 of the 2020 Regular Session of the Louisiana Legislature amends Louisiana Mineral Code article 212.21 (also known as Louisiana Revised Statutes 31:212.21). In particular, Act No. 227 amends article 212.21 to clarify that the article does not apply to claims brought by unleased owners—that is, landowners2 or mineral servitude3 owners whose mineral interests are not under lease.
Wyoming,
2021
Texas A&M University School of Law
Wyoming, Jeffrey S. Pope, Deanna Sami Falzone
Texas A&M Journal of Property Law
In 2019, Wyoming ranked eighth nationally in both crude oil and natural gas production. Sales of crude oil production totaled 101.8 million barrels, up 16% from 2018, while natural gas production totaled 1.456 trillion cubic feet, which was down 8.52% from 2018.1 However, as of August 1, 2020, Wyoming had zero oil and natural rigs in operation for the first time since 1884.
Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19,
2021
Texas A&M University School of Law
Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19, Matthew A. Arth
Texas A&M Journal of Property Law
2020 was the year of the unexpected, but one constant in the energy industry remained the exponential growth of solar generation in Texas, which largely continued its expansion as predicted. Electric Reliability Council of Texas’s (“ERCOT”) 2019 State of the Grid Report noted that installed solar generation capacity in ERCOT stood at 2,281 megawatts (MW) at year-end 2019, with over 67,000 MW of further solar capacity under study, exceeding even the amount of wind generation capacity under study. By July 2020, installed capacity of solar generation increased by almost 1 gigawatt (GW) to a total of 3,275 MW, representing approximately …
