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Real Estate & Property Law

Land Use Prof Blog

By Paul Boudreaux

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 11:17:06

Witold Part Two...

Posted on November 13, 2010
Earlier this week, I posted Witold Rybczynski's essay from Slate.com. It was Part One in a series of two. Part Two is this very interesting slideshow of images that further his point of how urban design can enhance urban life....

Rezazadeh on Social Capital in Revitalization of Dilapidated Neighborhoods

Posted on November 12, 2010
Razieh Rezazadeh (Iran U. of Science & Technology--Architecture & Urban Planning) has posted Application of Social Capital in Revitalization of Dilapidated Neighborhoods: The Case of Saboonpaz-Khaneh in Tehran, from OIDA International Journal of Sustainable Development, Vol...

City Journal's Malanga on The Next Wave of Urban Reform

Posted on November 12, 2010
Steven Malanga of the always-interesting City Journal has published The Next Wave of Urban Reform: Mayors Cory Booker and Dave Bing fight to save two of America's most distressed cities. From the article: Since the mid-1960s, many big-city mayors and...

Perry on Deepwater Horizon and the Limits of Civil Liability

Posted on November 12, 2010
Ronen Perry (Haifa) has posted The Deepwater Horizon Oil Spill and the Limits of Civil Liability, forthcoming in the Washington Law Review. The abstract: The article, which follows up on my recently published work, uses the unprecedented disaster in the...

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Atlantic Yards: The Musical ("It's Not")

Posted on November 11, 2010
From The New York Times: An alternative theater company has created a work based on the controversial Atlantic Yards development in Brooklyn. ?So there?s ULURP,? begins the second song in a new musical about Brooklyn. ?ULURP is the Uniform Land...

Veterans Day

Posted on November 11, 2010
You might be surprised at how much land use and veterans' issues have been intertwined over the course of American history. From land grants and westward expansion, to the expansion of education, to the postwar expansion of suburbia, many federal,...

Another Short Video...

Posted on November 11, 2010
I've found that students often respond well to short videos when working to explain/demonstrate a land planning point. Previously I shared videos on parking (Donald Shoup's work) and parking lots. Here's another one that does a nice job discussing improved...

Venne on Property Rights and Democracy in Oregon

Posted on November 11, 2010
Patrick J. Venne has posted his paper Out of Bounds: Reconciling Private Property Rights and Democracy in Oregon. The paper is about urban growth boundaries in Oregon. From the intro: Urban growth boundaries are tools of urban containment applied to....

Smart Growth Achievement Awards

Posted on November 10, 2010
From the Office of Sustainable Communities at EPA: 2010 National Award for Smart Growth Achievement Date: Wednesday, December 1, 2010 Time: 3:00 PM - 5:00 PM Location: National Building Museum 401 F Street NW, Washington, DC 20001 The National Award....

Adverse Possession and the Foreclosure Crisis?

Posted on November 09, 2010
This New York Times article, At Legal Fringe, Empty Houses go to the Needy, tells the story of a guy in Florida who seems to be attempting to use adverse possession to take abandoned homes and then lease them for...

Owley on Use of Conservation Easements by Local Governments

Posted on November 09, 2010
Jessica Owley (Buffalo) has posted another informative paper: Use of Conservation Easements by Local Governments, forthcoming in GREENING LOCAL GOVERNMENT, Patricia Salkin and Keith Hirokawa, eds., A.B.A. Publishing, 2011. The abstract: This chapter (which will be included in the forthcoming...

Pierce on Minimizing the Impact of Oil and Gas Production

Posted on November 09, 2010
David E. Pierce (Washburn) has posted Minimizing the Environmental Impact of Oil and Gas Development by Maximizing Production Conservation, from North Dakota Law Review, Vol. 85, p. 759 (2009). The abstract: One oil and gas well results in less environmental...

Summary of Errors Leading to Deepwater Blowout

Posted on November 09, 2010
We've done a fair amount of posting about the Deepwater Horizon disaster. (See for example here and here.) Marc Poirer is planning to teach a week-long course at Seton Hall in January on the blowout, and he gave the Environmental...

Witold Rybczynski Ask Important Questions...

Posted on November 08, 2010
I've been a big fan of Witold's books (like the recent Last Harvest). This essay--the first in a series for Slate.com--examines an important topic: "Do we want urban spaces that are big or small? Spread out or compact? New or...

Cunningham on Easements and the Environment

Posted on November 07, 2010
McKay Cunningham (Phoenix) has posted Oil and Water: Easements and the Environment. The abstract: The age of American environmentalism has arrived. Surveys show widespread public support for preservation policies, open spaces, and natural parks, while reflecting popular disdain for new...

Fincham on The Distinctiveness of Property and Heritage

Posted on November 07, 2010
My colleague Derek Fincham (South Texas College of Law) has posted The Distinctiveness of Property and Heritage. The abstract: This piece takes up the competing concepts of property and heritage. Recent scholarship views property as a series of connections and...

Fanizzo on Separation of Powers, Federal Land Management, and the Antiquities Act

Posted on November 07, 2010
Kelly Y. Fanizzo (Temple) has posted Separation of Powers and Federal Land Management: Enforcing the Direction of the President under the Antiquities Act, from Environmental Law, Vol. 40, No. 3, 2010 . The abstract: When can a third party sue...

Call for articles: Zoning and Planning Law Handbook

Posted on November 06, 2010
Prof. Salkin writes with the following announcement, with an opportunity to have articles published in 2010 included in the Zoning and Planning Law Handbook: Prof. Patricia Salkin of Albany Law School, editor of the annual Zoning and Planning Law Handbook...

Saunders on Common Pool Resources as Cultural Property

Posted on November 06, 2010
Pammela Quinn Saunders (Drexel) has posted A Sea Change Off the Coast of Maine: Common Pool Resources as Cultural Property, forthcoming in the Emory Law Journal. The abstract: The power of small groups to manage common pool resources has been...

National Preservation Conference in Austin . . . and Buffalo

Posted on November 05, 2010
We mentioned that last week the National Trust for Historic Preservation had its annual meeting in the Weird City, Austin TX. There are reports from the conference available on the Trust's website. There is a video available of the opening...

Shoup on Graduated Density Zoning

Posted on November 05, 2010
Prof. Donald Shoup (Urban Planning, UCLA) contributed a comment to our recent post on Daniel Kelly's eminent domain paper. In case you missed it, I wanted to be sure you had the chance to get the link to Prof. Shoup's...

Arnold on The Evolution of Property Law, Culture, and Ecology in Coastal Lands

Posted on November 05, 2010
Craig Anthony (Tony) Arnold (Louisville) has posted Legal Castles in the Sand: The Evolution of Property Law, Culture, and Ecology in Coastal Lands, forthcoming in Syracuse Law Review, Vol. 61, No. 2 (2010-11). The abstract: U.S. society frequently turns to...

Chris Leinberger on The Next Real Estate Boom...

Posted on November 05, 2010
What if there were a new economic engine for the United States that would put our people back to work without putting the government deeper in debt? What if that economic engine also improved our international competitiveness, reduced greenhouse gases,...

Decision on Open Beaches Act / Rolling Easement case (Severance v. Patterson)

Posted on November 05, 2010
The Texas Supreme Court issued its opinion today in Severance v. Patterson, a case that the Fifth Circuit certified on questions of interpreting state property law and the Texas Open Beaches Act. The plaintiff owned beachfront property that ended up....

Rose on Ostrom and the Impact of Governing the Commons

Posted on November 04, 2010
Speaking of Carol Rose, she has posted a new article called Ostrom and the Lawyers: The Impact of Governing the Commons on the American Legal Academy, forthcoming in International Journal of the Commons. The abstract: American legal academics began to...

ABA Environment Section Hosts Teleconference on Critical Habitat

Posted on November 04, 2010
The announcement: Is 2010 a Critical Year for Critical Habitat? New Developments from the 9th Circuit Wednesday, November 17, 2010 1:00 p.m. ? 2:30 p.m. Eastern Time / 12:00 p.m. ? 1:30 p.m. Central Time 11:00 a.m. ? 12:30 p.m....

"The Global Evolution of a New South City"

Posted on November 03, 2010
The University of Georgia press has published Charlotte, NC: The Global Evolution of a New South City: The rapid evolution of Charlotte, North Carolina, from ?regional backwater? to globally ascendant city provides stark contrasts of then and now. Once a...

Hirokawa on Property as Capture and Care

Posted on November 02, 2010
Keith H. Hirokawa (Albany) has posted Property as Capture and Care. The abstract: This article describes property law as a constant negotiation between capture and care. On the one side, the rule of capture enables a possessory right through effort...

Ellickson on Carol Rose and Universally Recognized Signals of Property Claims

Posted on October 31, 2010
Robert C. Ellickson (Yale) has posted The Inevitable Trend Toward Universally Recognized Signals of Property Claims: An Essay for Carol Rose, forthcoming in the William & Mary Bill of Rights Journal, Vol. 19, March 2011. The essay was prepared for...

Barros on the Complexities of Judicial Takings

Posted on October 31, 2010
Benjamin Barros (Widener)--the Property Prof Blogger--has posted The Complexities of Judicial Takings. The abstract: In last term?s Stop the Beach Renourishment Inc. v. Florida DEP, the Supreme Court for the first time squarely confronted the question of whether a judicial...

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