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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

The Full Story of the Ibanez Case

Posted on January 21, 2011
? Following up on a post I made last week, I wanted to share an item that might be useful to those of us trying to teach on (and/or sort out ourselves) the ongoing mortgage mess. Tracy Alloway of Financial...

Marsh on Foreclosures and the Failure of the American Land Title Recording System

Posted on January 20, 2011
Tanya D. Marsh (Wake Forest) has posted Foreclosures and the Failure of the American Land Title Recording System. The abstract: In this essay, Marsh argues that the current foreclosure crisis should serve as a wake-up call for a long-overdue modernization...

Levinson and Junge on Property Tax on Privatized Roads

Posted on January 20, 2011
Last week we posted a link to the new article by David Matthew Levinson (Minnesota) and Bhanu Yerra (Minnesota), How Land Use Shapes the Evolution of Road Networks. Here's another road article from Levinson and Jason Junge (Minnesota): Property Tax...

Lupu and Tuttle on RLUIPA and Religious Accommodation

Posted on January 20, 2011
Ira Lupu (GW) and Robert Tuttle (GW) have posted The Forms and Limits of Religious Accommodation: The Case of RLUIPA, 32 Cardozo L. Rev ___ (forthcoming 2011), on SSRN. Here's the abstract: This paper, prepared for a Symposium at the...

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No country for young people?

Posted on January 20, 2011
We have in the United Kingdom new planning restrictions on multiple occupation (somewhat similar to those in Belle Terre but centrally facilitated). These now make it possible for local authorities to restrict three or more sharers from living in a...

Turner on Degrees of Property

Posted on January 19, 2011
Peter G. Turner (St. Catharine's College, Cambridge) has posted Degrees of Property. The abstract: Navigating a way through a complex idea such as property can be tricky. What guides do we have? Jeremy Bentham showed the way by pointing out...

Deal on Ellickson, Whaling, and the Judicial Invention of Property Norms

Posted on January 18, 2011
Robert Deal (Marshall--History) has posted The Judicial Invention of Property Norms: Ellickson?s Whalemen Revisited. The abstract: Robert C. Ellickson has argued that whalemen developed norms to settle arguments over contested whales. These norms, Ellickson explained, were largely adopted by courts...

Connecticut vs. American Power

Posted on January 18, 2011
Kermit Lind just alerted me to a case the rest of you are probably already following, Connecticut vs. American Electric Power. Following is a synopsis from the Climate Change and Clean Technology Blog. On December 6, 2010, the Supreme Court...

Carousels vs. Conservation in Brooklyn

Posted on January 18, 2011
In the small world department, at a wedding in December I met a student of Patricia Salkin's. Andrew Stengel, a "non-traditional" second-year student at Albany Law School, is a member of the school?s Government Law Review. Andrew has also served...

Price on the New Deal and the Federalization of the Mosquito

Posted on January 18, 2011
Polly J. Price (Emory) has posted Federalization of the Mosquito: Structural Innovation in the New Deal Administrative State, Emory Law Journal vol. 60 (2010). The abstract: Malaria was a significant problem in the southern United States during the early decades...

Brownfields, Greenfields, Greyfields...and now...

Posted on January 17, 2011
Redfields. This story discusses another type of redevelopment that is becoming increasingly relevant as more and more commercial properties go dark and vacant: In the language of urbanism, ?greenfields? usually means rural land at the metropolitan edge, where suburbia metastasizes...

Capers on Suk on the Home

Posted on January 17, 2011
I. Bennett Capers (Hofstra) has posted Home Is Where the Crime Is, Michigan Law Revew vol. 109 (2011). Capers reviews Jeannie Suk's recent book At Home in the Law. The abstract: There is a new vision of home that is...

Validity of Foreclosure Titles after Ibanez

Posted on January 16, 2011
This past week the Supreme Judicial Court of Massachusetts issued a slip opinion in the case of U.S. Bancorp v. Ibanez unanimously affirming a Land Court decision invalidating a nonjudicial power-of-sale foreclosure because the foreclosing party had not produced a...

Gypsy-Travellers & Land Use Direct Action

Posted on January 15, 2011
There was a fascinating piece on the radio in the UK this morning on the disputes between gypsy-travellers and settled communities (for a video see here) with direct action taken on both sides. This head-on collision over land use has...

Robert Moses, The Musical

Posted on January 15, 2011
Not too long ago, Jamie posted about a musical based on Atlantic Yards. It seems like the New York theater scene just can't resist land use topics (not that I blame them). Now we have . . . "Robert Moses...

City Design Studio...

Posted on January 14, 2011
Here in Montgomery, we are in the process of creating a municipal design and development studio that will provide municipal planning and design services for local development. Dallas, Texas has one of the country's most-cited examples of this type effort...

Developments in Montana Coal Case

Posted on January 14, 2011
From Teresa Clemmer at Vermont: On behalf of the Enivironmental and Natural Resources Law Clinic, I would like to wish a hearty congratulations to Pat Parenteau, Jack Tuholske, and student clinicians Alan Panebaker (JD 2011), Jennifer McCave (JD 2009, LLM),...

Connecticut RLUIPA case on NPR

Posted on January 14, 2011
All Things Considered last night featured a four-minute story on a federal lawsuit brought by an Orthodox Jewish group challenging the denial of its building permit for a student center in an historic residential district. Patty Salkin (Albany) blogged at...

Hutton on Better and More Uniform Building Codes

Posted on January 13, 2011
Thomas G. Hutton (judicial clerk) has posted Toward Better and More Uniform Building Efficiency Codes, Virginia Environmental Law Journal, Vol. 28, No. 1 (2010). The abstract: This article will considers the ways federal legislation can approach building efficiency codes for...

See the Mojave!

Posted on January 13, 2011
John Copeland Nagle (Notre Dame) has posted See the Mojave! , 89 Ore. L. Rev __ (forthcoming 2011). Here's the abstract: This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave...

Levinson & Yerra on How Land Use Shapes the Evolution of Road Networks

Posted on January 12, 2011
David Matthew Levinson (Minnesota) and Bhanu Yerra (Minnesota) have posted How Land Use Shapes the Evolution of Road Networks. The abstract: The present research develops a model to treat the organization, growth, and contraction of network elements. The components of...

Montana v. Wyoming (and North Dakota)

Posted on January 12, 2011
Just in time for today's (my one and only) class dealing with water law . . . the U.S. Supreme Court heard oral arguments yesterday about the concept of "beneficial use" in the Western states' prior appropriation approach ("first come,...

Upcoming Law & Sustainability Symposium at FSU

Posted on January 12, 2011
From JB Ruhl at FSU: I am pleased to announce our upcoming Law and Sustainability Symposium: The Energy-Land Use Nexus, organized by our Visiting Scholar in Energy and Land Use Law, Uma Outka, and featuring a wonderful collection of scholars...

Interesting New Book...

Posted on January 11, 2011
The WSJ recently ran a story on this new book that analyzes the importance of building communities as opposed to just a collection of disparate buildings. Le Corbusier would have hated this idea but history has proven him so wrong...

Popular Science on "Ecotopia"

Posted on January 11, 2011
I was at our local YMCA recently, looking for something to read while working out, and I happened across the July issue of Popular Science. The theme of the issue is "Ecotopia." To me the most interesting article was "The...

When it comes to farms, size matters

Posted on January 11, 2011
In the UK, today was the last day for objections to an application for planning permission submitted by Nocton Dairies? to build a ?a US-style ?mega? dairy farm? in rural Lincolnshire for a 3,770 cow dairy unit, dwarfing the average...

Inclusionary Housing in International Perspective

Posted on January 10, 2011
The Lincoln Institute of Land Policy has recently released Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion and Land Value Recapture, edited by Nico Calavita (Planning-San Diego State) and Alan Mallach (Brookings)...

Rosenbloom on Incentivizing Sustainable Businesses

Posted on January 09, 2011
Jonathan D. Rosenbloom (Drake) has posted Government Entrepreneurs: Incentivizing Sustainable Businesses as Part of Local Economic Development Strategies In Greening Local Government, published in GREENING LOCAL GOVERNMENT, Patty Salkin and Keith Hirokawa, eds...

Two New Planning/Design Competitions...

Posted on January 09, 2011
For those interested in land and building development award competitions, here is a new one from the Delaware Valley Green Building Council and another one from the International Living Building Institute. Both appear to emphasize the importance of building and...

Van Erp on European Property Law

Posted on January 08, 2011
Sjef J. H. M. Van Erp (Maastricht University) has posted European Property Law: A Methodology for the Future, from EUROPEAN PRIVATE LAW - CURRENT STATUS AND PERSPECTIVES, Schulze/Schulte-N�lke, eds., Sellier European Law Publishers, Munich, Forthcoming...

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