In Defense Of The Fee Simple,
2017
New York University School of Law
In Defense Of The Fee Simple, Katrina M. Wyman
Notre Dame Law Review
Prominent economically oriented legal academics are currently arguing that the fee simple, the dominant form of private landownership in the United States, is an inefficient way for society to allocate land. They maintain that the fee simple blocks transfers of land to higher value uses because it provides property owners with a perpetual monopoly. The critics propose that landownership be reformulated to enable private actors to forcibly purchase land from other private owners, similar to the way that governments can expropriate land for public uses using eminent domain. While recognizing the significance of the critique, this Article takes issue with …
Property Rights In Augmented Reality,
2017
University of Michigan Law School
Property Rights In Augmented Reality, Declan T. Conroy
Michigan Telecommunications & Technology Law Review
Increasingly, cities, towns, and even rural communities are being slowly reshaped by a dynamic yet initially imperceptible phenomenon: the elaboration of augmented reality. Through applications that place virtual features over specific, real-world locations, layers of augmented reality are proliferating, adding new elements to an increasingly wide range of places. However, while many welcome the sudden appearance of arenas for battling digital creatures in their neighborhood or the chance to write virtual messages on their neighbor’s wall, the areas being augmented oftentimes are privately owned, thereby implicating property rights. Many intrusions, of course, are de minimis: an isolated, invisible Pikachu unexpectedly …
Interpreting Stale Preferential Rights To Acquire Real Estate: Beyond The Restatement Of Property,
2017
Villanova University Charles Widger School of Law
Interpreting Stale Preferential Rights To Acquire Real Estate: Beyond The Restatement Of Property, Carl J. Circo
Villanova Law Review (1956 - )
No abstract provided.
The Evolution Of E-Commerce In Virginia Real Property Transactions,
2017
Old Republic Title Insurance Company
The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.
University of Richmond Law Review
No abstract provided.
The Uncompensated Takings Of Nuisance Law,
2017
Villanova University Charles Widger School of Law
The Uncompensated Takings Of Nuisance Law, Jill M. Fraley
Villanova Law Review (1956 - )
No abstract provided.
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity,
2017
Washburn University School of Law
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Chicago-Kent Law Review
No abstract provided.
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest,
2017
The University of Toledo College of Law
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri
Chicago-Kent Law Review
No abstract provided.
Freeing The City To Compete,
2017
Notre Dame Law School
Freeing The City To Compete, James J. Kelly Jr.
Chicago-Kent Law Review
No abstract provided.
The Natural Capital Crisis In Southern U.S. Cities,
2017
LSU Law Center and LSU College of the Coast and Environment
The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson
Chicago-Kent Law Review
No abstract provided.
The Detroit Frontier: Urban Agriculture In A Legal Vacuum,
2017
University of Detroit Mercy School of Law
The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory
Chicago-Kent Law Review
No abstract provided.
The Limits Of Mobility And The Persistence Of Urban Inequality,
2017
Georgetown University Law Center
The Limits Of Mobility And The Persistence Of Urban Inequality, Sheila Foster
Georgetown Law Faculty Publications and Other Works
David Schleicher's Article, Stuck! The Law and Economics of Residential Stagnation, draws much-needed attention to the consequences of declining interregional mobility of low-income workers. However, this Response argues that Schleicher's policy prescriptions evince a blind spot for the economic and racial stratification of disadvantaged populations within the successful metro regions these new migrants would enter. The concentration of highly skilled, educated, and affluent populations in the urban core, and the segregation and isolation of disadvantaged populations outside of it, impose additional costs on new migrants to access economic opportunities. Schleicher fails to sufficiently account for these costs, which offset …
A Proposal For Establishing Specialized Federal And State "Takings Courts",
2017
University of Maine School of Law
A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez
Maine Law Review
Takings doctrine is a mess. Let's just accept that and establish specialized federal and state "takings courts" to adjudicate takings claims. Takings claims arise when governmental conduct is alleged to detrimentally affect private property. Adjudication of takings claims may initially seem straightforward: the Fifth Amendment's Just Compensation Clause, as well as analogous state constitutional provisions, plainly provide that the government shall not take private property for public use without just compensation. In 1978, the United States Supreme Court confessed that takings analysis is hopelessly ad hoc. Decades later, in 2005, the Court abrogated a test for takings that it had …
Weeks V. Krysa: Cultivating The Garden Of Adverse Possession,
2017
University of Maine School of Law
Weeks V. Krysa: Cultivating The Garden Of Adverse Possession, Marya R. Baron
Maine Law Review
In Weeks v. Krysa, the Maine Supreme Judicial Court, sitting as the Law Court, found that cultivating a garden on a disputed parcel was an “occasional encroachment[],” insufficient to show intent to “displace the owner of the disputed lot or put the owner on notice” of being at risk of adverse possession. Under the traditional common law of adverse possession, cultivation of a garden is one of the hallmarks of an open and notorious use that would put a record owner on notice. However, after Weeks v. Krysa, a question remains as to whether cultivation of a garden will be …
Church Real Estate Issues,
2017
St. John's University School of Law
Church Real Estate Issues, Thomas J. Fadoul Jr.
The Catholic Lawyer
No abstract provided.
Reverse Exactions,
2017
William & Mary Law School
Reverse Exactions, Gregory M. Stein
William & Mary Bill of Rights Journal
When an owner applies for a permit to use property in a certain way, the government body with jurisdiction can either deny the permit, grant the permit outright, or grant the permit subject to conditions. These conditions—known as “exactions”—must meet two constitutional thresholds. First, there must be a close linkage between a problem the owner’s project will create or exacerbate, such as increased traffic caused by a proposed new shopping mall, and the exaction the government proposes, such as the dedication of land for a new right-turn lane. Second, the condition the government suggests must be proportional in magnitude to …
Religious Institutes - Property And Tax Issues,
2017
St. John's University School of Law
Religious Institutes - Property And Tax Issues, Sister Cecilia Meighan
The Catholic Lawyer
No abstract provided.
United States V. Gila Valley Irrigation District,
2017
Alexander Blewett III School of Law at the University of Montana
United States V. Gila Valley Irrigation District, Ryan L. Hickey
Public Land & Resources Law Review
Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.
Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone,
2017
University of Maine School of Law
Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue
Maine Law Review
In 2008, William McGarvey and Mary Klientop filed a declaratory judgment seeking a determination that their neighbor, Jonathan Bird, had no right to cross their intertidal land to reach the ocean to scuba dive. McGarvey and Kleintop own property that borders Passamaquoddy Bay in the Town of Eastport. As owners of oceanfront property in Maine, their title extends through the intertidal zone to low water mark in fee simple. The intertidal land they own also stretches in front of Bird’s property, bordering his property just below the high water mark. This configuration creates a strip that separates Jonathon Bird’s property …
Maine's Foreclosure Mediation Program: What Should Constitute A Good Faith Effort To Mediate?,
2017
University of Maine School of Law
Maine's Foreclosure Mediation Program: What Should Constitute A Good Faith Effort To Mediate?, Jesse D. Stewart
Maine Law Review
The collapse of the housing bubble and subsequent financial downturn of 2008 unleashed a flood of foreclosure filings in the Maine courts, threatening the fundamental aspiration of homeownership for many Maine residents. This Comment examines the significant steps Maine has taken to address increased foreclosure filings through the implementation of a foreclosure mediation program and offers concrete suggestions to further improve the program.
God's Green Earth? The Environmental Impacts Of Religious Land Use,
2017
University of Maine School of Law
God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale
Maine Law Review
Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws to protect …
