Real Estate & Property Law

Villazor on Blood Quantum Laws

Posted on October 31, 2008
Rose Cuison Villazor (SMU) has posted Blood Quantum Land Laws and the Race Versus Political Identity Dilemma on SSRN. Here's the abstract: Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum...

Bell on Regulatory Takings

Posted on October 29, 2008
Abraham Bell (Bar Ilan/University of Connecticut) has posted Should Decreases in Property Value Caused by Regulations Be Compensated? on SSRN. Here's the abstract: This Essay attempts to determine the correct regulatory takings compensation policy given the general doctrinal framework in...

Evictions from State-Owned Land in Hawaii

Posted on October 25, 2008
The Honolulu Advertiser brings news of evictions of residents from state land on the north shore of Oahu. We hear another lesson in what we might call legal realism: Each family is being evicted for various reasons, said Ervin Kahala,...

Roark on Fixtures Under Article 9

Posted on October 24, 2008
Marc Lane Roark (University of Missouri School of Law) has posted 'Groping Along...Between Things Real and Things Personal' A New Hermeneutic of Fixtures under UCC 9-334 on SSRN. Here's the abstract: What are the defining characteristics of fixtures under the...

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Nave on Housing Remedies in School Segregation Litigation

Posted on October 24, 2008
Erin C. Nave (Washington University, St. Louis) has posted Getting to the Roots of School Segregation: The Challenges of Housing Remedies in Northern School Desegregation Litigation on SSRN. Here's the abstract: The critical relationship between racially identifiable neighborhoods in northern...

Chen on The New Chinese Property Code

Posted on October 24, 2008
Lei Chen (Stellenbosch University) has posted The New Chinese Property Code: A Giant Step Forward? on SSRN. Here's the abstract: This article examines the significance of the new Chinese Property Code from a comparative perspective. The new code aims to...

Zoning Law v. The Bubble

Posted on October 22, 2008
From the AP: Ten hours a day, every day, Elizabeth Feudale-Bowes confines herself to a galvanized-steel-and-porcelain shed outside her house. Inside are a toilet, a metal cabinet, a box spring with the metal coils exposed, and a pile of organic...

Money and Politics in Zoning -- Who Would Have Thought?

Posted on October 20, 2008
The Chicago Tribune has a remarkable series of stories based on an investigation into Chicago zoning practices. From their summary: In an unprecedented investigation, the Tribune analyzed a decade of zoning changes to detail how real estate interests have funneled...

At the Intersection of Property and Remedies

Posted on October 16, 2008
From today's news, we hear of a Florida man who was jailed for contempt of court after he failed to abide a judge's order to take care of his lawn, as required by covenants on his property. I might have...

Krier on the Evolution of Property Rights

Posted on October 16, 2008
James E. Krier (Michigan) has posted The Evolution of Property Rights: A Synthetic Overview on SSRN. Here's the abstract: In this paper I review, extend, and critique two contrasting approaches to the evolution of property rights. The legal literature on...

Piccard on Residential Evictions in Florida

Posted on October 16, 2008
Ann Piccard (Stetson) has posted Residential Evictions in Florida: When the Rent is Due, Where is the Process? on SSRN. Here's the abstract: Florida's residential eviction statute requires that a tenant who is sued for eviction must deposit into the....

Singer on Property in a Free and Democratic Society

Posted on October 13, 2008
Joseph William Singer (Harvard) has posted Democratic Estates: Property Law in a Free and Democratic Society on SSRN. Here's the abstract: How should we think about property and property law both descriptively and normatively? This article suggests we consider this...

Morriss on Politics and Property in Natural Resources

Posted on October 13, 2008
Andrew P. Morriss (Illinois) has posted Politics & Property in Natural Resources on SSRN. Here's the abstract: Modern discussions of natural resources focus on increasing public control over extractive industries proposing measures that range from increasing the public's share of...

Who Says You Can't Physically Partition a Single Family House?

Posted on October 10, 2008
CNN has a fascinating story about a Cambodian couple who cut their house in two when they divorced. (More accurately, the husband cut the house in half and moved his part to land owned by his parents). You MUST click...

Even on Appropriability and Property

Posted on October 10, 2008
Yonatan Even (Columbia) has posted Appropriability and Property on SSRN. Here's the abstract: This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald...

RLUIPA Podcasts

Posted on October 08, 2008
Over at Law of the Land, Patty Salkin has links to the podcasts of what looks to have been an outstanding symposium on RLUPIA. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Takings for Private Use in India

Posted on October 07, 2008
NPR has an interesting story about controversy surrounding the building of an auto factory in India. Thanks to Eduardo Penalver for the tip. Ben Barros [Comments are held for approval, so there will be some delay in posting]

A Haunted House and a Rescission?

Posted on October 06, 2008
Because I know how much Ben loves Stambovsky, I thought I'd post a link to Fox News' discussion of whether some buyers can rescind their purchase of a "haunted house," Clifton Hall. By the way, I don't think this has...

Teaching With Popper's Bordering on Madness

Posted on October 06, 2008
Carolina Academic Press is issuing a second edition of Andrew F. Popper's novel Bordering on Madness: An American Land Use Tale: Bordering on Madness is a novel about a battle between a university and a community over proposed construction of...

Schwemm on Landlord Discrimination

Posted on October 03, 2008
Robert G. Schwemm (University of Kentucky) has posted Why Do Landlord Still Discriminate (and What Can Be Done About it)? on SSRN. Here's the abstract: This Article deals with the problem of racial discrimination in rental housing in the United...

Kelly on Neighborhood Revitalization

Posted on October 03, 2008
James J. Kelly Jr. (University of Baltimore) has posted Refreshing the Heart of the City: Vacant Building Receivership as a Tool for Neighborhood Revitalization and Community Empowerment on SSRN. Here's the abstract: Vacant Building Receivership is a building code enforcement...

Einhorn on Slavery

Posted on October 01, 2008
Robin Einhorn (UC Berkeley) has posted Slavery on SSRN. Unfortunately, it is not a free download. Here's the abstract: The history of slavery cannot be separated from the history of business in the United States, especially in the context of...

Lewinsohn-Zamir on Identifying Intense Preferences

Posted on September 30, 2008
Daphna Lewinsohn-Zamir (Hebrew University - Faculty of Law) has posted Identifying Intense Preferences on SSRN. Here's the abstract: People's preferences vary in intensity: some are relatively strong while others are comparatively weak. Information regarding the strength of preferences is essential...

Willis on The Mortgage Crisis and Eminent Domain

Posted on September 30, 2008
Lauren E. Willis (Loyola LA) has posted Stabilize Home Mortgage Borrowers, and the Financial System Will Follow on SSRN. Here's the abstract: To halt the Great Depression, the federal government nullified all clauses in contracts that pegged debt to the...

Bell on Private Takings

Posted on September 26, 2008
Abraham Bell (Bar Ilan/U Conn) has posted Private Takings on SSRN. Here's the abstract: Eminent domain, or the power to take, is generally analyzed as the quintessential government power. It is unsurprising, therefore, that scholars tend to operate from the...

Chang on Eminent Domain Compensation

Posted on September 26, 2008
Yun-chien Chang (NYU) has posted An Empirical Study of Compensation Paid in Eminent Domain Settlements: New York City 1990-2002 on SSRN. Here's the abstract: No large-scale empirical study on compensation paid in eminent domain settlement has been undertaken in the...

Iglesias on Housing and Public-Private Partnerships

Posted on September 26, 2008
Tim Iglesias (University of San Francisco) has posted Our Pluralist Housing Ethics and Public-Private Partnerships for Affordable Housing on SSRN. Here's the abstract: While affordable housing has been produced through a variety of public-private partnerships (PPPs) for many decades, this...

Yankee Stadium Home Run Baseball Dispute

Posted on September 24, 2008
From the NY Times: Yankees catcher José Molina hit the last home run at Yankee Stadium. That is not in dispute. Who should have pocketed the ball seems to be. In Sunday night?s Yankees-Orioles game ? the last baseball game...

Moose, Free For the Taking

Posted on September 24, 2008
From Craigslist: I have a dead moose free for the taking. It died yesterday, apparently of natural causes. I called Fish & Game to come and get it. Apparently, moose are a natural resource and belong to everybody, until they...

Schwemm on Discriminatory Municipal Services under the FHA

Posted on September 24, 2008
Robert G. Schwemm (University of Kentucky) has posted Cox, Halprin, and Discriminatory Municipal Services under the Fair Housing Act on SSRN. Here's the abstract: For most of its forty-year history, the federal Fair Housing Act ("FHA") has been accorded a...

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