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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

HUD and USDOT Join Together...

Posted on July 02, 2010
...to promote sustainable development through federal funding sources: Together, the U.S. Departments of Transportation (DOT) and Housing and Urban Development (HUD), for the first time ever, will join forces to award up to $75 million in funding ? $35 million...

In (Partial) Defense of LeCorbusier

Posted on July 02, 2010
It's not every day that the most influential architect and urbanist of the twentieth century gets compared to a raving pro se litigant. As one who has spent some time recently thinking about LeCorbusier and modernism, and much more time...

Denver's new Form Based Zoning Code

Posted on July 02, 2010
Denver has adopted a brand new zoning code, it's first major revision in over 50 years. The new code is billed as form-based. We've posted before about Denver's process towards this new code. From the Denver Post: Denver Council Passes...

Toohey & Toohey on Therapeutic Jurisprudence in Community Titles Disputes

Posted on July 01, 2010
Lisa C. Toohey (Queensland) and Daniel J. Toohey (New South Wales) have posted Achieving Quality Outcomes in Community Titles Disputes: A Therapeutic Jurisprudence Approach. The abstract: Community title schemes are an increasingly popular form of housing in Queensland and throughout...

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Hauser on the Case for Allowing Mortgage Modifications in Bankruptcy

Posted on July 01, 2010
Susan E. Hauser (North Carolina Central) has posted Cutting the Gordian Knot: The Case for Allowing Modifications of Home Mortgages in Bankruptcy, Journal of Business & Technology Law, Vol. 5, p. 207, 2010. The abstract: More than 5 million mortgages...

Russian "Spies" Sought American Dream

Posted on June 30, 2010
You may have heard the news about the 10 Russian agents who were arrested recently after years of deep cover living in the U.S., and apparently with little in the way of actual intelligence to show for it. Playing my...

Johnson on Le Corbusier and Law School Architecture

Posted on June 30, 2010
Eric Johnson has a post at Prawfsblawg called Le Corbusier and Certain Pro Se Litigants, with some thoughts on Le Corbusier's architecture including a nice (and grim!) photo of a Le Corbusier apartment complex in France. Johnson ultimately jumps off....

Very Real Problems...

Posted on June 30, 2010
I really (no pun intended) enjoy the "Really?" series over at the Lasner on Real Estate blog as it really (again, no pun really intended) outlines the continuing lack of reality in the land development world. In particular, these two...

Anderson on the Offside Goals Rule in Practice

Posted on June 28, 2010
Ross G. Anderson (University of Glasgow) has posted The Offside Goals Rule in Practice. I must admit that the paper title caught my eye primarly because we've been watching a lot of World Cup soccer around here [for evidence, see...

SmartCode Zoning Restrictions Upheld...

Posted on June 27, 2010
For starters (and full disclosure), I do a great deal of writing, research, and consulting on the SmartCode and transect-based zoning. That said, facts are facts so I don't mind reporting that the SmartCode recently withstood an interesting legal challenge...

The Governator Promotes Denser Development...

Posted on June 26, 2010
California's Governor continues his push toward more compact land use development according to this recent Sacramento Bee column. Here's a key excerpt: Gov. Arnold Schwarzenegger has denounced the November ballot measure and vowed to defeat it at the polls...

NY Court of Appeals decides Columbia U. Eminent Domain case

Posted on June 25, 2010
The New York Court of Appeals today handed down its decision in Kaur v. New York State Urban Development Corp., the challenge to the government's use of eminent domain in conjunction with a Columbia University development project. To almost no...

Salkin on Cooperative Federalism and Climate Change

Posted on June 25, 2010
Patricia Salkin (Albany) has posted Cooperative Federalism and Climate Change: New Meaning to 'Think Globally--Act Locally,' Environmental Law Reporter, Vol. 40, 2010. The abstract: This Article briefly discusses examples of the limited involvement and recognition states have carved out for...

Gonzales-Pagan on Takings, the Public Trust, and Reclamation of Submerged Lands

Posted on June 25, 2010
Omar Gonzalez-Pagan (J.D. Candidate, Pennsylvania) has posted The Lucas Exemption: How Takings Can Prevent the Erosion of the Public Trust Due to the Reclamation of Submerged Lands, Real Estate Law Journal, Vol. 38, Winter 2009. The abstract: Two fundamental principles...

Florida says Homeownership is Overrated (WSJ)

Posted on June 24, 2010
Richard Florida, one of the leading public intellectuals on the future of cities and the originator of the "Creative Class" concept, had an interesting article in the Wall Street Journal last week: Homeownership is Overrated: Today's economy requires a more...

Chimpanzee Gangs Kill for Land

Posted on June 24, 2010
Now here at the Land Use Prof Blog, we have assembled a team of bloggers with different areas of specialty, but all of whom I think share the idea that land use is a fundamentally interdisciplinary subject: it involves many...

Kermit Lind on Cleveland Housing Code Enforcement

Posted on June 24, 2010
From Kermit Lind of Cleveland State: Major news on the municipal code enforcement front was made yesterday with the publication of Friday?s decisions by Judge Raymond L. Pianka, of the Housing Division of Cleveland Municipal Court. A total of $12...

"No New Houses, For You!"

Posted on June 23, 2010
One of the iconic characters created by the much-missed Seinfeld series was the Soup Nazi and his signature "No Soup for You!" rants at George and Elaine. Well, the housing market just suffered its own version of that rant today...

Institute for Justice on Kelo at Five Years

Posted on June 23, 2010
The Institute for Justice has published a white paper commenting on the fifth anniversary of the Kelo decision: Five Years After Kelo: The Sweeping Backlash Against One of the Supreme Court?s Most-Despised Decisions. The IJ, you may remember, was lead...

Scarberry's Reply to Levitin on Bankruptcy Modification of Home Mortgages

Posted on June 23, 2010
Mark S. Scarberry (Pepperdine) has posted a Reply to Adam Levitin's Response to Scarberry's Symposium Article (which was itself a "Critique"Levitin's work)--ok, I think I have that straight. At any rate, it's a very interesting and important debate. Scarberry's Reply...

NYT on the Housing Market Slowdown

Posted on June 23, 2010
Speaking of New York Times features on the real estate market and mortgage crisis, they had this one last week: Housing Market Slows as Buyers Get Picky. Before the recession, people simply looked for a house to buy. Later they...

Livable Communities Act

Posted on June 23, 2010
Courtesy of the Houston Tomorrow newsletter, here is a report on the proposed Livable Communities Act. Senate Bill Connects Transportation, Land Use Planning: Livable Communities Act. Quoting the D.C. Streetsblog: The Livable Communities Act would provide about $4 billion in...

Speaking of Powerpoint presentations...

Posted on June 22, 2010
...many of the presentations from the 2010 New Partners for Smart Growth conference have now been posted on-line. A wide variety of them include information that land use types who focus on sustainability issues would likely find interesting. Here's a...

Agutu on Title Registration and Land Law in Kenya

Posted on June 21, 2010
Omolo Joseph Agutu (LL.M. Student, National University of Singapore) has posted Linking Title Registration in Kenya to Vision 2030: The Need for Review of Land Law. The abstract: This paper argues for the proper recognition of land as one of...

NYT on the Costs of Seizing Fannie & Freddie

Posted on June 21, 2010
Over the weekend this story by Binyamin Applebaum was featured on the front page of the New York Times: Cost of Seizing Fannie and Freddie Surges for Taxpayers. CASA GRANDE, Ariz. ? Fannie Mae and Freddie Mac took over a...

Lehavi on The Dynamic Law of Property: Theorizing the Role of Legal Standards

Posted on June 21, 2010
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Dynamic Law of Property: Theorizing the Role of Legal Standards. The abstract: Property law is engaged in a constant conflict between stability and dynamism. As a field...

Singer on the Anti-Apartheid Principle in American Property Law

Posted on June 21, 2010
Joseph William Singer (Harvard) has posted The Anti-Apartheid Principle in American Property Law, forthcoming in the Alabama Civil Rights and Civil Liberties Law Review. The abstract: Recently, many federal courts have been interpreting civil rights laws to allow racially discriminatory...

Christie on Beaches, Boundaries, and SOBs

Posted on June 19, 2010
Donna R. Christie (Florida State) has posted Of Beaches, Boundaries, and SOBs, published in the Journal of Land Use & Envrionmental Law, Vol. 25, p. 19 (2010). Hot off the press, this article addresses issues raised in Stop the Beach....

Healthy Communities Presentations...

Posted on June 19, 2010
I recently gave a couple of presentations at the Alabama Department of Public Health "Healthy Communities" seminar on how land development and the codes that govern it affect health issues. You can access both of the presentations here. Feel free...

Stop The Beach I--The Lead Opinion

Posted on June 18, 2010
As mentioned below, the Supreme Court decided today what was billed to be the most significant property rights case of the Term, and probably since Kelo in 2005: Stop the Beach Renourishment v. Florida Dept. Environmental Protection. The decision doesn?t...

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