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Real Estate & Property Law

Land Use Prof Blog Land Use Prof Blog


By Paul Boudreaux

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 11:17:06

Recent Entries: 1142

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Here Come the HELOCs?

Posted on September 09, 2010
The Real Estate Channel has an interesting new article that discusses the looming problems posed by HELOCs (aka second mortgages or home equity lines of credit). Overall, the article does a very good job explaining the sometimes amazing examples of...


Lecture at Florida State

Posted on September 09, 2010
From Robin Craig at FSU: Florida State University College of Law, Distinguished Environmental Lecturer Series. Presented by the Journal of Land Use & Environmental Law. Kirsten Engel, Professor of Law, University of Arizona James E. Rogers College of Law, "Should...


Layard on the Law of Place

Posted on September 09, 2010
Antonia Layard (Cardiff Law School) has posted Shopping in the Pubic Realm: The Law of Place, published recently in the Journal of Law and Society, Vol. 37, p. 412, (2010). The abstract: Through a case study based in Bristol, this...


Foster on Enabling Collective Management of the Urban Commons

Posted on September 09, 2010
Sheila Foster (Fordham) has posted Privatizing the City? Enabling Collective Management of the Urban Commons. The abstract: Collectively shared, open access urban resources are subject to the same rivalry and free-rider problems that Garrett Hardin wrote about in his Tragedy...


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The Expanding Nature of Preservation

Posted on September 08, 2010
One of the interesting facts about historic resource preservation is that its boundaries are always growing. But some communities have not embraced fully this facet of preservation, even as Modernist architecture matures and qualifies for official National Register listing on...


Lamb, Seabrook, & Wilk on Fair Housing Policy Making in the Lower Federal Courts

Posted on September 08, 2010
Charles M. Lamb (Poli Sci, SUNY-Buffalo), Nicholas R. Seabrook (Poli Sci/PA, North Florida), and Eric M. Wilk (Poli Sci, Georgia) have posted Fair Housing Policy Making in the Lower Federal Courts. The abstract: When the Supreme Court became progressively more...


Fire Outside Boulder Continues to Burn

Posted on September 08, 2010
Through the Denver Post I've been following the story of a fire in northwest Boulder that has claimed 7,100 acres and about 95 structures. Even as their homes burn, some of the residents are pledging to rebuild.And yes, they all...


Urban Development Law Clinic Spotlighted On National Public Radio

Posted on September 07, 2010
From Kermit Lind at Cleveland State: A broadcast on NPR today features a matter in which the UDLC is involved. It can be heard at . The story by WCPN Ideastream's Mhari Saito describes the real estate scams by Go...


Report: Housing Market 2010 First Half Recap

Posted on September 07, 2010
The excellent Real Estate Center at Texas A&M University has issued its report on the Housing Market: 2010 First Half Recap. Authored by research economist James P. Gaines, the report has analysis of the national and Texas markets and a...


Blumm & Dawson on Stop the Beach and Judicial Takings

Posted on September 07, 2010
Michael C. Blumm (Lewis & Clark) and Elizabeth B. Dawson (J.D. Candidate) have posted The Florida Beach Case and the Road to Judicial Takings. The abstract: In Stop the Beach Renourishment v. Florida Department of Environmental Protection, the U.S. Supreme...


Habdas on Polish Historical Immovables as Objects of Ownership

Posted on September 07, 2010
Magdalena Habdas (U. of Silesia Katowice) has posted My Home is My Castle--But is My Castle Truly Mine? Polish Historical Immovables as Objects of Ownership. The abstract: Cultural goods, in particular historical buildings and real estate, ?demand? a more complex...


Roadbuilder-in-Chief?

Posted on September 06, 2010
From today's Politico: The goals, according to the White House: ?Rebuild 150,000 miles of roads ? renewing our commitment to the backbone of our transportation system ? . Construct and maintain 4,000 miles of rail ? enough to go coast...


Mosques and RLUIPA in the NY Times

Posted on September 04, 2010
Today's NY Times has continuing coverage of the various mosque siting controversies across the nation. This article focuses on the Religious Land Use and Institutionalized Persons Act (RLUIPA). Have a great weekend. Jim K. James J. Kelly, Jr. Asst. Prof...


Gotta Get Back in Time

Posted on September 03, 2010
Last weekend we saw a TV rerun of the 1985 classic Back to the Future. I was reminded of something that didn't occur to me until many years after I saw it for the first time, which is that it...


Interesting On-Line Course...

Posted on September 03, 2010
Interested in learning more about the basics of New Urbanism and sustainable development? The Miami School of Architecture will soon be offering an on-line opportunity to do so: Learn New Urbanism Online! The Principles and Practice of New Urbanism is...


TTBOOK on National Parks

Posted on September 02, 2010
This week public radio show "To the Best of Our Knowledge" has a really interesting episode on National Parks. The first segment is about the role "Buffalo Soldiers" played in managing national parks in the early 20th century - and...


The Remains of Katrina...

Posted on September 02, 2010
I was in New Orleans within months of Katrina and the devastation was immense. Unlike the Mississippi Gulf Coast where the storm surge flattened buildings, much of the damage in the New Orleans area was from rising flood waters that,...


It's Back

Posted on September 02, 2010
As the semi-official Lead Reporter on Massive Traffic Jams for the Land Use Prof blog, readers will be glad to know that this intrepid reporter remains on the case of all things traffic jammed in China. In particular, the increasingly...


Chang & Sigman on Cost Recovery in Superfund Cases

Posted on September 02, 2010
Howard F. Chang (Pennsylvania) and Hilary Sigman (Rutgers--Economics) have posted An Empirical Analysis of Cost Recovery in Superfund Cases: Implications for Brownfields and Joint and Several Liability. The abstract: Economic theory developed in the prior literature indicates that under the...


Georgia Farms "Crop Mobbed"

Posted on September 01, 2010
From Christine McCauley, Executive Director of the Madison-Morgan Conservancy in Madison, Georgia:What is a crop mob? Well, we found out yesterday that it?s a group of self-proclaimed ?landless farmer wannabes? who help local farmers farm ? from planting to harvesting...


Stein on Commercial Leasing in China

Posted on September 01, 2010
Gregory M. Stein (Tennessee) has posted Commercial Leasing in China: An Overview, Cornell Real Estate Law Review, Vol. 8, p. 26 (2010). The abstract: In an effort to understand how and why investors and other professionals are willing to participate....


Reason #212 for why...

Posted on September 01, 2010
...local land use laws should encourage on-street parking: It, er, saves lives...


MSU's Roskie Hall Draws Recreation-Minded Students

Posted on August 31, 2010
My Google alert on "Roskie" (okay, I have an ego) turned up a little gem today - an article from the Bozeman (Montana) Daily Chronicle about students moving into Roskie Hall (on the Montana State campus). Roskie Hall is named...


"Let House Prices Fall"

Posted on August 31, 2010
That's what the Calculated Risk blog is calling for in this recent post. I agree with much of the analysis as artificially propping up house prices is like drinking a Red Bull instead of getting better sleep every night--it can...


Illegal Spot Zoning

Posted on August 31, 2010
A judge in Charleston, SC, determined by order dated August 20, 2010, that the City of Charleston's attempt to rezone an area within its historic district to allow the construction of an otherwise aesthetically incompatible high-rise hotel constituted illegal spot...


Vermont Law Announces Upcoming Takings Conference

Posted on August 30, 2010
From John Echeverria On November 5, 2010, the 13th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations will be held at Berkeley Law in Berkeley, California. This year?s conference, sponsored by Vermont Law School, Georgetown University...


I'll be presenting at an upcoming

Posted on August 30, 2010
I'll be presenting at an upcoming US Green Building event here in Montgomery. If you are in the area and would like to attend, I'll be glad to set it up. Just email me at cemerson@faulkner.edu. More details here. --Chad...


In Defense of Homeownership

Posted on August 28, 2010
Saturday's New York Times included "In Defense of Homeownership," an article by Ron Lieber in the Your Money section. As the title suggests, Lieber defends homeownership for some, highlighting the current low interest rates, the forced savings benefits of homeownership,...


America's Ten Dead Cities

Posted on August 27, 2010
From time to time here on the land use prof blog we post a link to one of the ubiquitous "top" lists that various media outlets like to publish about America's top cities for business, living, etc. I see a...


Call for Articles - New GW Journal of Energy and Environmental Law

Posted on August 27, 2010
From Lee Paddock at GW The George Washington University Law School has added a new Journal of Energy and Environmental Law, the first issue of which was published in July (Summer 2010 issue). The Journal focuses on the intersections among...


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