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Real Estate & Property Law

PropertyProf Blog

By D. Benjamin Barros and Alfred L. Brophy et al.

Post Frequency: 12.4/day

Last Entry: March 31, 2011 at 11:58:57

Jane Jacobs: Hero of New York

Posted on November 11, 2010
A recent piece in the New Yorker highlights what Manhattan might have looked like if Robert Moses had prevailed in the fight over the Lower Manhattan Expressway. Check out the architecture. Steve Clowney Pic from the Paul Rudolph Archive, Library...

Affordable Housing Bill Marches On

Posted on November 10, 2010
The New Jersey assembly has approved a bill that would revamp how cities and towns meet their constitutional obligation to provide affordable housing: The bill requires that towns make 10 percent of new development affordable . . . . Developers...

Want to Know What's a Dumb Idea?

Posted on November 10, 2010
Giving 150 midterms, that's what. I apologize for my lack of participation as of late, but merciful light is at the end of the grading tunnel. I like to take some of the pressure off the final and give the...

A Corner in Brooklyn, Then and Now

Posted on November 09, 2010
Here is a fascinating little gem for those interested in preservation and architecture -- two photos of the same corner in Brooklyn, one from 1937 and one today. The buildings are the same, but their facades are completely different. The...

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Fracking for Dollars

Posted on November 09, 2010
A primer on the most important property issue of the year: The fate of the Marcellus Shale. Steve Clowney [Comments are held for approval and may be delayed]

Adverse Possession -- A Unique Solution to the Foreclosure Crisis?

Posted on November 09, 2010
The NY Times has a piece today on Mark Guerette, an enterprising person in Florida who sought out homes in working-class neighborhoods that were apparently abandoned by the banks. He sent letters to the record owners and lenders, informing them...

Barros on the Complexities of Judicial Takings

Posted on November 08, 2010
I've posted a draft of my article The Complexities of Judicial Takings on SSRN. Here's 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...

Texas Supreme Court Decision in Severance v. Patterson

Posted on November 08, 2010
Over at the Land Use Prof blog, Matt Festa has a great post on Severance v. Patterson, an important Texas Open Beaches Act case recently decided by the Florida Supreme Court. Ben Barros [Comments are held for approval, so there...

International Academic Association on Planning, Law and Property Rights Conference

Posted on November 05, 2010
The fifth conference of the International Academic Association on Planning, Law and Property Rights (PLPR) will be held between 26?28 May 2011 at the Faculty of Law, University of Alberta, in Edmonton, Canada. The program and call for papers may...

Who Owns Your Building (Code)?

Posted on November 05, 2010
In a brief talk, Carl Malamud argues that building codes and other legal materials should remain in the public domain rather than being put under the control of private owners: I have some sympathy with Malamud's position, but I think...

US Shopping Center Law Conference

Posted on November 03, 2010
I'm heading to Hollywood (Florida, that is) for the annual US Shopping Center Law Conference, put on by the International Council of Shopping Centers. They are expecting 1150 real estate transactional attorneys this year, up from the past few years.....

Horizontal and Vertical Cities

Posted on November 03, 2010
Witold Rybczynski, one of my favorite writers on urban issues, has an article at Slate on what Americans want from cities. It is based on his new book, Makeshift Metropolis: Ideas About Cities. Ben Barros [Comments are held for approval,...

All Politics is Property

Posted on November 03, 2010
Mark wrote a great post at the end of the summer arguing that we're underselling the importance of property to our first year students. He argued that, as a group, we don't make it clear what's really at stake. Afterall,...

Supreme Court Grants Cert in Derivative Title Patent Case

Posted on November 02, 2010
Dennis Crouch has the details at PatentlyO. As he notes, the case presents some derivative title issues that resemble those that come up in other property contexts. Ben Barros [Comments are held for approval, so there will be some delay...

Our Kind of People

Posted on November 01, 2010
The N.Y. Times on sellers of property who look for buyers who share their values. As one seller remarked: My idea is to find someone who deserves the house and can feel what is here. We brought our kids up...

The Top Ten Property Paper Downloads

Posted on November 01, 2010
In honor of the first of the month, here are the top ten recent Property paper downloads from SSRN: 1. [3783 downloads] Two Faces: Demystifying the Mortgage Electronic Registration System's Land Title Theory by Christopher Lewis Peterson (Utah) 2. [350...

The Trick-or-Treat Index

Posted on October 31, 2010
Richard Florida is at it again: With Halloween just around the corner, you probably don?t have time to move to a different city to improve your (or your kids?) candy haul. But you may be lucky to already live in...

Another View on Foreclosure Moratoria

Posted on October 30, 2010
I enjoyed Tanya's insightful Huffington Post op-ed on foreclosure moratoria. Her concerns about the effect of a foreclosure moratorium on our confidence in private contracts is well-taken. But, for reasons explained below, I have to very respectfully disagree with her...

Want to Join the AALS PropertyProf Listserv?

Posted on October 29, 2010
Just fill out this form. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Is Property Dead?

Posted on October 27, 2010
For those not on the propertyprof listserve, let me report that there has been a very lively discussion about future interests over the last week or so. As I have followed the email thread I have been remarkably impressed by...

A Government-Mandated Foreclosure Moratorium is a Popular (and Bad) Idea

Posted on October 27, 2010
I apologize for the shameless self-promotion, but I just had an op-ed published on Huffington Post. The Washington Post reported today that over half of Americans support a mandatory moratorium. In my piece, I defend the White House's resistence to...

Contingent Remainders and Executory Interests

Posted on October 27, 2010
Steve's last post mentioned a recent discussion of contingent remainders and executory interests on the Property Prof listserv. In case you don't have access to the listserv, and are curious about the discussion, here is a quick summary. The question...

How Competitive is the Property Market?

Posted on October 27, 2010
An aspiring property prof writes: I am a practicing lawyer (a real-property litigation specialist, actually) giving serious consideration to transitioning to academia, and property theory is my strongest interest. Your blog is great! I want to learn whether property is...

Why Sprawl is Good

Posted on October 26, 2010
Rick Duncan (Nebraska) comments. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Jon Stewart Rally to Restore Sanity

Posted on October 25, 2010
I tried to think of a property hook, but gave up. Any Property Profs going to the Rally to Restore Sanity in DC this Saturday? My 4th grader has Friday off from school, so we're going to head to the...

Hiring Property Profs

Posted on October 25, 2010
Well, we're just days away from the AALS hiring conference in Washington. Listening to the drums, it sounds like a number of law schools are out there looking for new property profs. Cincinnati, Elon, Florida State, Fordham, Florida International, Hamline,...

Public Housing Problems

Posted on October 25, 2010
Yesterday's N.Y. Times ran story about the dire state of public housing around the country. Some key stats: Newark . . . has shuttered 600 units that it cannot afford to fix. The city was given federal approval to raze...

Has the Worm Turned?

Posted on October 22, 2010
As the foreclosure crisis developed, it became quite clear that lenders were more than willing to assert the full scope of their legal rights (and then some) in subprime lending, securitizing and selling mortgage-backed securities, and foreclosing on delinquent loans...

The Road Less Traveled

Posted on October 22, 2010
A stunning composite image of the 26 million individual road segments in the United States. No other elements (such as the outline of geographic features) have been added to this map. Nonetheless, facts about both geography and population density emerge...

Great Places

Posted on October 21, 2010
The American Planning Association names the top ten Public Spaces in America. Winners include the Ferry Building in San Francisco and Bryant Park in New York. Steve Clowney [Comments are held for approval, so there will be some delay in...

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