Property Law and Real Estate Commons^™

Implication Of A Covenant To Diligently Develop And Mine In Hard Mineral Leases That Provide For Minimum Rents Or Royalties, Jack C. Bender

Journal of Natural Resources & Environmental Law

No abstract provided.

Wheelage And The Haulage Trespass: Compensating The Landowner For The Injury Sustained Or The Benefit Derived From The Unauthorized Surface Use, Sherry Keith

Journal of Natural Resources & Environmental Law

No abstract provided.

Lien Assertions: A Re-Awakened Interest In The Mineral Industry, W. Robinson Beard, Sharon K. Morris

Journal of Natural Resources & Environmental Law

No abstract provided.

The Impact And Desirability Of Taxing Unmined Coal Interests In The Same Manner As Other Real Property, Stephen James Vasek Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.

New Rules In The Amended Jordanian Landlords And Tenants Act No 17/2009, Ahmad Ali Al Ouwaidi, Abdelnaser Zeyad Hayajneh

UAEU Law Journal

The Jordanian legislature amended the Landlords and Tenants Act No 17, 2009; it includes new rules which represent a significant change in the relationship between landlords and tenants. In an analytical and critical approach, this research explores these new rules, especially the rules concerning the gradual termination of lease contracts concluded before 31/8/2000, in a period from 12/21/2010 to 12/31/2015. The rules also stipulate an increase in the rent ranging from 1% to 6%. The study furthermore discusses the landlords' rights such as the new procedures set in the amended Tenant Act, by which the landlord can undertake in case …

The Concept Of Selling Real Estate On The Map And Its Legal Adaptation A Comparative Study., Duha Mohamed Al Nuaaman

UAEU Law Journal

Despite the harsh circumstances that our beloved Iraq has been going through these days, it is necessary that this sorrow, God willing, ends, and that Iraq enters the stage of building and construction. Nobody can deny the fact that Iraq is in need for real estate projects such as schools, hospitals and commercial centers. But most importantly of all, houses, which, unfortunately, ordinary citizens cannot afford to own, are needed desperately. This would open room for investment companies to build and develop real estate projects and put them for public sale on the map as is the case in most …

Taxation Of Unmined Minerals: Is It Inevitable, Or Is It Unconstitutional?, J. E. Clark

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's New Broad Form Deed Law--Is It Constitutional?, Robert M. Pfeiffer

Journal of Natural Resources & Environmental Law

No abstract provided.

The Promise And Perils Of Shared Equity Financing, David Reiss, Ernira Mehmetaj

Faculty Scholarship

No abstract provided.

Reframing Church Property Disputes In Washington State, Theodore G. Lee

Washington Law Review

Real property disputes between units or members of the same church are common in the United States. To resolve such disputes, the Supreme Court has endorsed two doctrines: the hierarchical deference approach and the neutral-principles of law approach. The Court has justified both doctrines on the First Amendment’s Establishment and Free Exercise Clauses, but this justification is problematic. Specifically, under the hierarchical deference approach courts must always give preferential treatment to one religious group over others—effectively endorsing a particular religion. On the other hand, courts can enforce their own interpretations of religious issues under the neutral-principles approach, thereby infringing free …

Takings Localism, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

Conflicts over “sanctuary” cities, minimum wage laws, and gender-neutral bathrooms have brought the problematic landscape of contemporary state preemption of local governance to national attention. This Article contends that more covert, although equally robust, state interference can be found in property, with significant consequences for our understanding of takings law.

Takings jurisprudence looks to the states to mediate most tensions between individual property rights and community needs, as the takings federalism literature recognizes. Takings challenges, however, often involve local governments. If the doctrine privileges the democratic process to resolve most takings claims, then, that critical process is a largely local …

The English Law Doctrine Of Proprietary Estoppel And The Extent To Which It Could Be Applied In Jordanian Law, Zaid Muhmoud Al-Aqaileh

UAEU Law Journal

The English law doctrine of proprietary estoppel is an equitable doctrine that represents the intervention of equity to mitigate the strictly harsh rules of the statute, and to create new proprietary rights in land, even in the absence of any formal requirements. In Jordanian law, proprietary rights in land cannot be created informally, i.e. in the full absence of the needed formalities, and Jordanian courts cannot admit mere promises, or assurances, as a means of creation of such rights. This article has examined the feasibility of the operation of the doctrine of proprietary estoppel, or a similar doctrine, in Jordanian …

Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard

Florida Law Review

Libertarian property rights enthusiasts celebrated the United States Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those expectations. A major reason is that Justice Antonin Scalia’s opinion created an exception that effectively swallowed the rule that Lucas established.

Lucas held that land use regulations whose effect on landowners’ property produced a total loss of economic value were per se categorical takings. However, Justice …

Emergency Excuse In Lease Contracts And The Nature Of Its Relationship With The Theory Of Emergency Circumstances: A Comparative Study, Adel Mohammed Ali

UAEU Law Journal

After concluding the contract, certain circumstances may appear and make the execution of the contract so difficult to one of the contract parties. These circumstances are in many kinds different, in the extent of the contracts that they appear in them, as well as the fact that they are different in their impact on the contracts under the laws in general. This situation applies on both of emergency excuses in lease contracts and the theory of emergency circumstances.

This study is divided into two parts; in the first part, we studied the subject of emergency excuses in the lease contract …

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld

Michigan Business & Entrepreneurial Law Review

Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue foreclosure proceedings, which …

The Importance Of Viewing Property As A System, Lynda L. Butler

Faculty Publications

Can--or should--the American property system adapt to curb the excesses inherent in the dominant form of capitalism? Those extolling the virtues of privatization of resources would likely answer in the negative. Such a response would ignore the core functions and infrastructure of the American institution of property. This Article discusses the structure of property that enables property law to evolve over time, reacting to changing conditions, recognizing informal customs and usages, and otherwise taking into account important feedbacks. It explains how property provides an ordering system of concepts and principles that define and govern relations between a society and its …

Masters Of Their Own Domains: Property Rights As A Bulwark Against Dns Censorship, Nicholas Nugent

Scholarly Works

It is increasingly becoming the practice of domain name system (DNS) intermediaries to seize domain names used by lawful websites for violating acceptable use policies related to offensive content or hate speech. Website hosting companies and social media platforms, entities that use but do not operate core Internet infrastructure, have long reserved and exercised their rights to gate their offerings, leaving booted speakers free to migrate to other providers. But registrants deprived of their domain names lack similar options to maintain their presence in cyberspace. The loss of a domain name inexorably results in the takedown of any website that …

Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia

Touro Law Review

No abstract provided.

Questions Of Citizenship And The Nature Of "The Public", Sarah Schindler

Sturm College of Law: Faculty Scholarship

This essay is taken from a talk given at a symposium discussing Professor Ken Stahl’s book, Local Citizenship in a Global Age. It is not a traditional book review, but rather a series of musings inspired by the ideas in the book. Professor Stahl’s new book, Local Citizenship in a Global Age, addresses a number of important issues, many of which have been the focus of my prior work: the existence of boundaries, borders, and the spaces in between; who we include in those boundaries and who we exclude; public space, private space, and the lines between them; spaces of …