Real Property,
2017
Mercer University School of Law
Real Property, Linda S. Finley
Mercer Law Review
This Article reviews notable real property issues arising from the decisions of the appellate courts of Georgia as well as legislation enacted by the Georgia General Assembly. Real property law is often thought of as stodgy, particularly with the roots of the practice arising from English common law. However, real property law is ever-changing and often touches on a myriad of issues necessitating the need for the topics reviewed in this Article. This Article provides the practitioner, student, or layperson with a guide to those court decisions entered and legislation enacted during the survey period.
Property Tax: A Primer And A Modest Proposal For Maine,
2017
University of Maine School of Law
Property Tax: A Primer And A Modest Proposal For Maine, Clifford H. Goodall, Seth A. Goodall
Maine Law Review
Property taxation has been viewed for years as the perfect “dragon to be slain” and by most “as both bad and doomed.” In spite of being one of the most commonly questioned and scrutinized issues by voters and politicians, property taxation survives as the primary revenue source for local governments. Maine's experience is an example of this continuing debate. The 2005 reform attempt by the Legislature known as LD 1 is the most recent example. Municipal over-dependence on the property tax, rising property values, unfunded state mandates, loss of federal revenues, and increased spending has significantly increased the percentage of …
Some Model Amendments To Maine (And Other States') Land Use Control Legislation,
2017
University of Maine School of Law
Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier
Maine Law Review
This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …
Nationstar Mortg., Llc V. Saticoy Bay Llc Series 2227 Shadow Canyon, 133 Nev. Adv. Op. 409 (Nov. 22, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nationstar Mortg., Llc V. Saticoy Bay Llc Series 2227 Shadow Canyon, 133 Nev. Adv. Op. 409 (Nov. 22, 2017), Connor Saphire
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order granting summary judgment. In its holding, the Court concluded that it would not invalidate a foreclosure sale based on a low sales price alone. The commercial reasonableness standard established by Article 9 of the Uniform Commercial Code (U.C.C.) does not apply to Homeowner’s Association (HOA) foreclosures because they involve real property sales. Rather, there must be a showing of “fraud, unfairness, or oppression” on behalf of the seller.
Will Bell V. Town Of Wells Be Eroded With Time?,
2017
University of Maine School of Law
Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter
Maine Law Review
In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has title,” …
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements,
2017
University of Maine School of Law
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Maine Law Review
In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings,
2017
University of Maine School of Law
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings, Orlando E. Delogu
Maine Law Review
No eminent domain taking case in the last twenty-five years has excited the level of interest, attention, and debate as has Kelo v. City of New London. The Supreme Court’s decision has not quelled that debate. If anything the stridency, the emotional tenor, of the debate has increased. And in the few months since the decision came down, several dozen states (in the absence of any meaningful federal limitation on what constitutes “public use”) have proposed statutes or constitutional amendments that would limit their exercise of eminent domain (taking) powers. There is even talk of federal legislation to temper, to …
Property Transactions That May Jeopardize The Patrimonial Condition Of Public Juridic Persons In The Church,
2017
St. John's University School of Law
Property Transactions That May Jeopardize The Patrimonial Condition Of Public Juridic Persons In The Church, Rev. Jerome L. Jung
The Catholic Lawyer
No abstract provided.
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 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.
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 …
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.
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 …
