Property Law and Real Estate Commons^™

Regulate Or Be Regulated: Why Professional Landmen Should Be Proactive In Protecting The Integrity Of Their Occupation, Brian J. Steinocher

Texas A&M Journal of Property Law

In most states, the landman profession is unregulated and free to define itself. Work performed by landmen often flirts with the practice of law, but under Texas law much of the work that landmen perform is excepted from the unlicensed practice of law. Historically, the American Association of Professional Landmen (“AAPL”) has been influential in guaranteeing that this exception stays available to landmen all over the United States and that landmen are not subject to licensing requirements in the states they work in. In light of the recent, unsuccessful attempt by the Texas legislature to regulate landmen, this Article will …

Clarifying The Scope Of Texas’S Cross-Jurisdictional Tolling Rule: An Exception For Putative Class Members With Property-Related Claims, Andrew W. Bell

Texas A&M Journal of Property Law

This Comment seeks to clarify the scope of cross-jurisdictional tolling in Texas. Although both Texas and federal courts interpreting Texas law have addressed this issue, no Texas court has specifically addressed whether putative members of a class action lawsuit—which was filed in a federal court located in Texas and that asserts Texas property-related claims—can rely on the class action lawsuit to toll the statute of limitations applicable to their claims. Part I of this Comment provides a brief history of the class action tolling doctrine, specifically describing American Pipe and its progeny. Part II discusses recent Texas case law decisions …

Smart Growth Through Tiny Homes: Incentivizing Freedom Of Housing, A. Robin Donnelly

Texas A&M Journal of Property Law

Tiny Homes are an environmentally friendly housing option popping up across the United States. Tiny Homes have a minimal environmental footprint due to their small size and eco-friendly design. As such, Tiny Homes could address several of the Environmental Protection Agency’s city development goals. The Environmental Protection Agency (“EPA”) has created a Smart Growth program that provides financial assistance to cities seeking to implement greener practices throughout city planning. Tiny Home Eco communities could become a popular Smart Growth development plan. Unfortunately, cities have not welcomed Tiny Homes, and this alternative green housing scheme has remained undeveloped. This Comment is …

Real Property, J. Richard White, G. Roland Love, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

Articles

This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Indiana Law Journal

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …

Licenses And The Property/Contract Interface, Christina M. Mulligan

Indiana Law Journal

INTRODUCTION

I. THE ROLE OF FORMAL CATEGORIES

II. THE COMPOUND-PAUCITAL LICENSE

A. IDIOSYNCRASY AND INFORMATION ASYMMETRIES

B. REGULATING LICENSES

1. THE NOTICE STRATEGY

2. THE PROTECTION STRATEGY

III. RESTRAINTS ON ALIENATION AND USE

A. HARMS CAUSED BY RESTRAINTS ON ALIENATION AND USE

1. INCREASED INFORMATION COSTS

2.WASTE

B. LIMITING HARM WITH PROTECTIVE STANDARDIZATION

1. THE LICENSE V. SALE DISTINCTION IN PRACTICE

2.WHAT IS A DIGITAL SALE?

3. FAVORING SALES WITHOUT LOSING FLEXIBILITY

C. DISTINGUISHING BETWEEN IN REM AND IN PERSONAM LICENSE TERMS

IV. LICENSE REVOCATION

A. TIMING REVOCATION

B. BENEFITS AND CONCERNS

1.MANAGING SHARED RESOURCES VS. UPSET RELIANCE INTERESTS

2. …

A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus

Faculty White Papers

The City of St. Louis has a serious vacant property challenge. Since the population peak in 1950, the City has experienced a 63% decline in population and now has one of the highest rates of vacancy in the nation. The City has approximately 25,000 vacant properties. Approximately 12,000 of these are owned by the Land Reutilization Authority (LRA) or other public agencies, which means that approximately 13,000 are privately owned. Most of those vacant properties are concentrated in the north and southeast portions of the City. For a city of its size, the City has "an extremely large" number of …

The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink

Touro Law Review

No abstract provided.

No Brakes: Loan Acceleration And Diminishing Foreclosure Defenses, Eric A. Zacks, Dustin A. Zacks

Law Faculty Research Publications

No abstract provided.

Why Less Property Is More: Inclusion, Dispossession, & Subjective Well-Being, David Fagundes

Faculty Articles

The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics—the emergent science of happiness—to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field shows that owners maximize their welfare, not when they amass land and chattels and keep others away from them, but when they pursue the polar-opposite strategies of inclusion and dispossession, such as sharing their property, donating it to charity, or giving it away. This Article begins its defense of inclusion and dispossession by providing background about the …

Rethinking Powers Of Attorney In Real Estate Transactions, Julia Patterson Forrester Rogers

SMU Law Review

The Uniform Power of Attorney Act, adopted in 2006, was designed to address the divergence of various states from the original uniform act and to address problems identified by attorneys practicing in the area. One such problem was the refusal of parties to accept powers of attorney—although a client might execute a durable power of attorney as part of an estate plan to avoid a guardianship, parties would refuse to deal with the agent, thus necessitating a guardianship proceeding. The Uniform Act has now been enacted in some form in more than half of the states, including Texas. The author …

Property: Preoccupation With Occupancy: Defining "Residential Tenant" Under Minnesota Statute Section 504b.375—Cocchiarella V. Driggs, Lisa Cline

Mitchell Hamline Law Review

No abstract provided.

Defining “Home” Through Homestead Laws,, Hannah Haksgaard

Faculty Publications

No abstract provided.

The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards

Journal Articles

No abstract provided.

The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson

Washington and Lee Law Review

No abstract provided.

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks

Articles

No abstract provided.

Homestead: A (New) Hope, Thomas Simmons

Faculty Publications

A finely-tuned balancing of the free functioning of private and commercial enterprise against a family's interests in shelter and a home is at the heart of homestead exemption laws. In South Dakota's history, this balancing act has been displayed over a 145-year history in the form of legislative enactments, judicial decisions, and referendums. This history illuminates the expression of values against the dynamics of rule-making. A previously published article in this review, Prequel to Homestead, outlined South Dakota's homestead laws under the contemporary statutory framework and also considered the constitutional history of homestead laws leading up to South Dakota's …

Radical Jurisprudence, Benjamin Gould

Washington Law Review Online

A neighbor digs a ditch on his side of a property line, exposing root systems from two of the adjoining landowner’s trees. The neighbor then cuts off the exposed roots, leaving the trees unsupported and in danger of falling onto the house of their owner. Is the root cutter liable to the owner of the tree? The Washington Court of Appeals recently answered this question in Mustoe v. Ma. The Mustoe Court held that when a root-cutting neighbor removed encroaching tree roots, he owed no duty to the tree owner “to act in good faith and to act reasonably so …

Radical Jurisprudence, Benjamin Gould

Washington Law Review Online

A neighbor digs a ditch on his side of a property line, exposing root systems from two of the adjoining landowner’s trees. The neighbor then cuts off the exposed roots, leaving the trees unsupported and in danger of falling onto the house of their owner. Is the root cutter liable to the owner of the tree? The Washington Court of Appeals recently answered this question in Mustoe v. Ma. The Mustoe Court held that when a root-cutting neighbor removed encroaching tree roots, he owed no duty to the tree owner “to act in good faith and to act reasonably so …