Property Law and Real Estate Commons^™

Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Role of Property in Secure Societies

October 19-21, 2016

Panel 1: Land Titling, Inclusion, and the Role of Property Rights in Secure Socities

Panel 3: Property's Role in the Fundamental Political Structure of Nations

Panel 5: Eminent Domain and Expropriations as Wealth Redistribution Tools

Panel 6: Defining and Protecting Property Rights in Intangible Assets

Panel 7: Rising Seas and Private Property: Advocates and Academics Debate Format

Panel 8: Property Rights as Defined and Protected by International Courts

The Economic Loss Rule: Is A Building A “Product?” — Another View, Steve Siegfried, Erwin Gonzalez, H. Hugh (Terry) Mcconnell, Allen Bonner, James Czodli

University of Miami Law Review

This Article addresses how the Florida Supreme Court in Tiara Condominium Association v. Marsh & McLennan Cos. receded from its definition of “other property” in Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc. In Casa Clara the Florida Supreme Court held that a building is to be treated as a “product” for purposes of applying the Economic Loss Rule’s bar to tort claims for defective building materials incorporated into the building. Although Casa Clara adopted the economic loss rule established by Seely v. White Motor Co. and East River Steamship Corp. v. Transamerica Delaval, Inc., …

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between home selling …

The Fiscal Illusion Zombie, Christopher Serkin

Vanderbilt Law School Faculty Publications

This is a Response to Bethany R. Berger's recent Article, The Illusion of Fiscal Illusion in Regulatory Takings. In that Article, Professor Berger argues against the view that governments should be forced to compensate for regulatory burdens because they suffer from fiscal illusion and will only internalize the costs that they, in fact, have to pay. She demonstrates that property taxes already provide a mechanism through which governments internalize both the costs and benefits of their property regulations, and that compensation for regulatory takings is therefore unnecessary and even perverse for creating efficient regulatory incentives. This Response argues that she …

Cfpb Comment Letter Re Atr/Qm Assessment, David J. Reiss

Cornell Law Faculty Working Papers

No abstract provided.

Distributive Justice And Donative Intent, Alexander Boni-Saenz

All Faculty Scholarship

The inheritance system is beset by formalism. Probate courts reject wills on technicalities and refuse to correct obvious drafting mistakes by testators. These doctrines lead to donative errors, or outcomes that are not in line with the decedent’s donative intent. While scholars and reformers have critiqued the intent-defeating effects of formalism in the past, none have examined the resulting distribution of donative errors and connected it to broader social and economic inequalities. Drawing on egalitarian theories of distributive justice, this Article develops a novel critique of formalism in the inheritance law context. The central normative claim is that formalistic wills …

Cfpb Comment Letter Re Respa Assessment, David J. Reiss

Cornell Law Faculty Working Papers

No abstract provided.

Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy Mclaughlin

Utah Law Faculty Scholarship

Property owners who make charitable gifts of perpetual conservation easements are eligible to claim federal charitable income tax deductions. Through this tax-incentive program the public is investing billions of dollars in easements encumbering millions of acres nationwide. In response to reports of abuse in the early 2000s, the Internal Revenue Service (Service) began auditing and litigating questionable easement donation transactions, and the resulting case law reveals significant failures to comply with the deduction’s requirements. Recently, the Service has come under fire for enforcing the deduction’s “perpetuity” requirements, which are intended to ensure that the easements will protect the subject properties’ …

Brexit And Ip: The Great Unraveling?, Graeme Dinwoodie, Rochelle Dreyfuss

All Faculty Scholarship

In theory, exit from Brexit will free the United Kingdom from the constraints and burdens of EU membership. It will transfer sovereignty back to the people from the technocratic rule of Brussels; replace the jurisprudence of the Court of Justice with the adjudicative power of national courts; and allow the UK to tailor its market regulation in the particular exigencies of the UK economy. Whether, as a general matter, the restoration of a classic Westphalian state enhances value either nationally or globally is an issue we leave to others to debate.We ask a different question: we explore how well the …

Nationstar Mortg. V. Sfr Invs. Pool 1, 133 Nev. Adv. Op. 34 (June 22, 2017), Elise Conlin

Nevada Supreme Court Summaries

The Court held that a servicer of a loan that is owned by a regulated entity does have standing to raise claims on behalf of the Federal Housing Finance Agency. If a party argues that federal law preempts state law when a case is properly before the court, then the court has authority to determine that issue.

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie

Osgoode Hall Law Journal

This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool for ownership and private land use planning. Condominium, however, also poses novel and unique challenges to both legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals—deontology and utilitarianism—the paper describes how condominium is understood by each approach and …

Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The NRS 108.245(1) actual notice exception does not apply to offsite work and services when no onsite work has been performed on the property.

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses …

Inclusionary Takings Legislation, Gerald Dickinson

Villanova Law Review (1956 - )

No abstract provided.

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.

Indirect Sovereignty Through Property Rights, Andreas Rahmatian

Notre Dame Journal of International & Comparative Law

The careful distinction between property and sovereignty is a central part of legal thought from the early modern period onwards. But the reality shows that this division is socioeconomically not that clear. Property rights are rights against persons in relation to things, but effectively they can be rights over people in relation to resources and space—notional, conceptual, or real. Examples of this general trend are the international financial system and international intellectual property protection. If one looks at international commercial and banking law and the corresponding regulations, one realizes that the classical understanding of sovereignty in political philosophy and in …

Limiting The Collective Right To Exclude, Andrea Boyack

Faculty Publications

For decades, society’s disparate interests and priorities have stymied attempts to resolve issues of housing affordability and equity. Zoning law and servitude law, both of which have been robustly empowered by decades of jurisprudence, effectively grant communities the legal right and ability to exclude various sorts of residences from their wealthiest neighborhoods. Exclusion by housing type results in exclusion of categories of people, namely, renters, the relatively poor, and racial minorities. Although our society’s housing woes may indeed be intractable if we continue to treat a group’s right to exclude with the level of deference that such exclusionary efforts currently …

Organizational Law As Commitment Device, Morgan Ricks

Vanderbilt Law Review

What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational lawthe law of partnerships, corporations, private trusts, and their variants-serves primarily to structure relations between business owners, on the one hand, and business creditors, on the other. Under this "asset partitioning" theory, organizational law's main purpose is to shield business assets from claims of creditors of the business's owners, thereby giving business creditors a structurally senior claim on business assets. By relieving business creditors of the need to inspect the creditworthiness of business owners, the theory goes, organizational …

I Share, Therefore It's Mine, Donald J. Kochan

University of Richmond Law Review

No abstract provided.