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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

And More Burial News--and Building--in Kauai

Posted on August 15, 2008
Thanks to Carl Christensen for this article, "Building may continue atop burials,"from the Honolulu Star Bulletin: California businessman Joseph Brescia will be able to continue building his home at Naue Point, at least for now, a circuit judge ruled yesterday...

Stone Age Grave Yard

Posted on August 15, 2008
The New York Times has a story on stone age graves found in the Sahara (from the Sahara's "green period"). Very exciting--now what the law, if any, of cemetery access was is unknown and unknowable. But there were some pretty...

Pennsylvania's Curative Amendment

Posted on August 14, 2008
The Center For Public Integrity's website has a good article on Pennsyvlania's odd-but-interesting curative challenge process. An excerpt: Land planners, township government officials, and the developer?s attorneys say the villain in the battle over Buckingham Springs is the same ?...

They're having trouble giving this property away

Posted on August 13, 2008
A bank in Detroit asked only $1 for a house. But it's worse than that--the bank agreed to pay closing costs, a water bill, and back taxes. It ended up costing them $10,000 to get rid of the property. Sounds...

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Brophy on Antebellum Landscape Art and Property Law

Posted on August 13, 2008
Our own Alfred L. Brophy (UNC) has posted Property and Progress: Antebellum Landscape Art and Property Law on SSRN. Al has posted on this subject here before. Here's the abstract: Landscape art in the antebellum era (the period before the...

Penalver on Land Virtues

Posted on August 13, 2008
Eduardo M. Penalver (Cornell) has posted Land Virtues on SSRN. Here's the abstract: This article has two goals. First, I explore some of the descriptive and normative shortcomings of traditional law and economics discussions of the ownership and use of...

Brigham-Kanner Conference at William & Mary

Posted on August 11, 2008
I just got the save-the-date card for this year's Brigham-Kanner Property Rights Conference, which will be held at William & Mary on October 17-18, 2008. Robert Ellickson will be awarded the Brigham-Kanner prize. I'll post more info when it becomes...

Stahl on the Suburb as a Legal Concept

Posted on August 10, 2008
The Cardozo Law Review's website has posted an interesting article by Kenneth A. Stahl titled The Suburb as a Legal Concept: The Problem of Organization and the Fate of Municipalities in American Law. Ben Barros [Comments are held for approval,...

New Jersey Case Invalidating Blight Taking

Posted on August 10, 2008
Ilya Somin has the details on City of Long Branch v. Anzalone at the VC. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Who Owns Animals?

Posted on August 07, 2008
Here at propertyprof we talk about things like who owns native culture (and who owns American folks culture--in the form of the game of monopoly)? Now, our friends over at The Slippery Slope have a podcast with animal rights lawyer...

Noble-Allgire on Construction Defects

Posted on August 01, 2008
Alice M. Noble-Allgire (Southern Illinois) has posted Notice and Opportunity to Repair Construction Defects: An Imperfect Response to the Perfect Storm on SSRN. Here's the abstract: The U.S. home building industry has been in a financial crisis fueled by a...

Nadler and Diamond on the Psychology of Eminent Domain

Posted on July 31, 2008
Janice Nadler and Shari Seidman Diamond (Northwestern) have posted Eminent Domain and the Psychology of Property Rights: Proposed Use, Subjective Attachment, and Taker Identity on SSRN. Here's the abstract: The U.S. Supreme Court's decision in Kelo v...

Salkin on Smart Growth

Posted on July 31, 2008
Patricia Salkin (Albany) has posted Smart Growth and the Greening of Comprehensive Plans and Land Use Regulations on SSRN. Here's the abstract: Global warming, climate change, reducing greenhouse gas emissions, reducing the carbon footprint, and going green are just some...

Forbes Cave Discussion

Posted on July 30, 2008
Thanks to Carl Christensen of the University of Hawaii law school for this link to an article in Museum, the publication of the American Association of Museums, on the recent controversy over repatriation under NAGPRA of the "Forbes Cave" materials,....

Boston's Suburban Property

Posted on July 29, 2008
The Boston Globe has an interesting story about a dispute centered on a 210-acre plot owned by Boston in the suburbs of Woburn and Burlington: When Mary Cummings bequeathed 210 acres of old farmland in Woburn and Burlington to the...

Bertacchini, De Mot and Depoorter on Commons, Anticommons and Semicommons

Posted on July 28, 2008
Enrico Bertacchini (University of Turin), Jef De Mot (Ghent University), and Ben Depoorter (U. Miami and Ghent University) have posted Never Two Without Three: Commons, Anticommons and Semicommons on SSRN. Here's the abstract: A semicommons regime exists when the efficient...

Update on the Trees v. the Solar Panels

Posted on July 27, 2008
A while back, we noted an interesting California case that involved a conflict between redwoods and solar panels. The Times has an update on the story. An excerpt: More than six months after two Santa Clara residents were convicted under...

Conference in Honor of Morton Horwitz

Posted on July 25, 2008
This morning's email brings the program for a conference in honor of Morton Horwitz, which will be held at Harvard Law School this September 26 and 27. It is sponsored by Harvard Law School, The Harvard Civil Rights-Civil Liberties Law...

Wolf on Euclid

Posted on July 23, 2008
Propertyprofs will want to check out Michael Allan Wolf's new book The Zoning of America: Euclid v. Ambler, which is appearing next month in the University Press of Kansas' important series on Landmark Law Cases. Here is the description from...

Affordable Housing in the News

Posted on July 17, 2008
From the Philadelphia Inquirer: Saying new affordable-housing obligations would force suburban towns to build beyond their capacity, a coalition of nearly 200 mayors said yesterday they would challenge the regulations in court. The dispute centers on state rules, unveiled in...

Bogart on Good Faith in Commercial Leasing

Posted on July 17, 2008
Daniel B. Bogart (Chapman) has posted Good Faith and Fair Dealing in Commercial Leasing: The Right Doctrine in the Wrong Transaction on SSRN. Here's the abstract: Professor Bogart was keynote lecturer for the 2007 Kratovil Conference Real Estate Law and...

Two By Fee

Posted on July 17, 2008
John Fee (BYU) has posted two articles that have been published in the last couple of years on SSRN: Eminent Domain and the Sanctity of Home The Supreme Court's decision in Kelo v. New London has caused alarm over how...

Townsend Gard and Goda on Virtual Property

Posted on July 17, 2008
Elizabeth Townsend Gard (Tulane) and Rachel Goda (Seattle) have posted The Fizzy Experiment: Second Life, Virtual Property and a 1L Property Course on SSRN. Here's the abstract: This work is an attempt to sort out the relationship between virtual property...

Oil Refinery v. Farms

Posted on July 16, 2008
CNN.com has a story about a controversial oil refinery proposed in South Dakota, and the attendant land-use issues. The story reminds me of the issues raised in Heller's book on the Gridlock Economy. The United States needs new refineries, but...

Michael Heller's The Gridlock Economy

Posted on July 14, 2008
This past weekend, I read Michael Heller's new book The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives. The "this past weekend" part of the previous sentence says a lot of good things about the...

Salkin on Land Use and Natural Disaster Mitigation

Posted on July 09, 2008
Patricial Salkin (Albany) has posted Sustainability at the Edge: The Opportunity and Responsibility of Local Governments to Most Effectively Plan for Natural Disaster Mitigation on SSRN. Here's the abstract: The traditional link between disaster mitigation and local land use planning...

Alexander on Public Housing Reform in Chicago

Posted on July 07, 2008
Lisa A. Alexander (Wisconsin) has posted A Sociolegal History of Public Housing Reform in Chicago on SSRN. Here's the abstract: This essay summarizes and compares Alexander Polikoff's Waiting for Gautreaux: A Story of Segregation, Housing, and the Black Ghetto and...

Independence Day In Hillsborough, NC

Posted on July 05, 2008
What could be better for someone who studies history and cemeteries than an Independence Day visit to the grave of one of the signers of the Declaration of Independence?! Not much, I imagine. Hence, I set off yesterday morning to...

God and Land at Albany

Posted on July 02, 2008
The Albany Government Law Review and Government Law Center at Albany Law School are cosponsoring a conference called God and the Land: Conflicts Over Land Use and Religious Freedom. The conference will be held at Albany Law from October 1-3,...

Property Prof as Graduate Student

Posted on July 01, 2008
I'm guesting this month over at PrawfsBlawg. As some readers know, for the past two years I've been doing graduate work in philosophy at the University of Maryland. I just put up a post at Prawfs that talks about doing...

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