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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

Supreme Court Decides Stop the Beach Renourishment

Posted on June 17, 2010
The big property rights case of the Term has been decided. In Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, the Court rejected the judicial takings claim unanimously. The opinion is here: http://www.supremecourt.gov/opinions/09pdf/08-1151...

Marsh on Commercial Real Estate Remedies

Posted on June 16, 2010
Tanya D. Marsh (Indiana; Wake Forest) has posted Sometimes Blackacre is a Widget: Rethinking Commercial Real Estate Contract Remedies. The abstract: This Article argues that the presumption that all land is unique, a principle so embedded in the common law...

Rose on Liberty, Property, Environmentalism

Posted on June 16, 2010
Carol Rose (Arizona) has posted Liberty, Property, Environmentalism, published in Social Philosophy & Policy, Vol. 26, No. 1, 2009. The abstract: The environment has often been thought to consist of resources that are unowned, and hence subject to the well-known...

Blumm on the 1910 Big Burn and the U.S. Forest Service

Posted on June 16, 2010
Michael C. Blumm (Lewis & Clark) has posted Present at the Creation: The 1910 Big Burn and the Formative Days of the U.S. Forest Service, a review of Timothy Egan's The Big Burn: Teddy Roosevelt and the Fire that Saved...

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Zoning for Zucchini

Posted on June 15, 2010
"Zoning for Zucchini" was the headline in today's print edition of the Baltimore Sun. It's been nearly 40 years since Baltimore revised its zoning code. The new zoning code anticipates a greener, more sustainable Baltimore by promoting open space. The...

Mall Farming...

Posted on June 15, 2010
So, how many revisions to the typical municipal zoning code would likely be required to allow this to happen: Shopping malls may be on the brink of major reinvention and adaptive reuse?as farms. The Galleria Mall in Cleveland, Ohio is...

Barkehall-Thomas on Families Behaving Badly & the Granny Flat

Posted on June 12, 2010
Susan Barkehall-Thomas (Monash University) has posted Families Behaving Badly: What Happens When Grandma Gets Kicked Out of the Granny Flat?, Australian Property Law Journal, Vol. 15, No. 2, p. 154, 2009. The abstract: There is a substantial body of case...

Brescia on Progressive Lawyering & Affordable Housing

Posted on June 12, 2010
Ray Brescia (Albany) has posted Line in the Sand: Progressive Lawyering, 'Master Communities', and a Battle for Affordable Housing in New York City, Albany Law Review, Vol. 73, No. 3, p. 715, 2010. The abstract: In the fall of 2006,...

Fennell on Possession Puzzles

Posted on June 12, 2010
Lee Anne Fennell (Chicago) has posted Possession Puzzles, delivered originally as the Wolf Family Lecture on the American Law of Real Property at Florida, to be published in POWELL ON REAL PROPERTY, Michael Allan Wolf, ed., 2010. The abstract: This...

Livable Cities Competition...

Posted on June 09, 2010
Have you been looking for an opportunity to convert that great law review idea into a major new initiative to make your community a better place to live? Maybe its a novel regulatory reform and sustainable legal initiative that can...

Freegans and squatters

Posted on June 08, 2010
The New York Times Magazine had an interesting article this weekend about squatters in Buffalo. The larger issue concerned the freegan movement - "Above all, freegans are dedicated to salvaging what others waste and ? when possible ? living without...

Speaking of the Mid Year Property Section Meeting...

Posted on June 06, 2010
In terms of academy meetings, I normally limit my travels to the annual SEALS conference since a) I travel to many other events presenting on smart growth issues and b) Betsy and I have three young boys (all 8 years...

Calling All LUP Blog Readers...

Posted on June 06, 2010
Are you attending the AALS Property Section meeting later this week in NYC? If so, drop me a line at cemerson@faulkner.edu. Our own Matt Festa is presenting a paper at the event so that alone is worth the pilgrimage to...

Wiseman on Hydraulic Fracturing and Regulation in Appalachia

Posted on June 03, 2010
Another interesting article from Hannah J. Wiseman (Texas): Regulatory Adaptation in Fractured Appalachia, a symposium contribution forthcoming in the Villanova Environmental Law Review. The abstract: America faces a growing energy challenge. We require energy for our every activity, yet we...

Land Use and Obesity

Posted on June 03, 2010
This week, I've been fortunate to present at Download ALSAH.PolicyInstute.Agenda.2010 and this event regarding the link between unsustainable development practices and obesity. The gist of my presentations is that land development regulations which induce more walkability and less car centric...

Wiseman on Public Communities, Private Rules

Posted on June 02, 2010
Hannah J. Wiseman (Texas) has posted Public Communities, Private Rules, Georgetown Law Journal, Vol. 98, No. 3 (2010). The abstract: As the American population grows, communities are seeking creative property tools to control individual land uses and create defined community...

Guerilla Gardeners

Posted on May 31, 2010
We have posted several times on the movement towards urban agriculture (and chickens) and neighborhood gardening. But sometimes The Man (and zoning and other land use codes) won't allow it. From the Wisconsin State Journal, Guerilla Gardeners: They leave a...

Ely on Stevens, Kagan and Property Rights

Posted on May 31, 2010
Shortly after Justice Stevens announced his retirement, we posted an article by Prof. John Echeverria on Justice Stevens' career legacy in property law, taking a generally positive view. Last week, Prof. James W. Ely, Jr. (Vanderbilt, law & history) published...

Speaking of Bad Condo Markets...

Posted on May 31, 2010
If you thought my recent post about the Hue development in Raleigh, N.C. was troubling, check out this recent story regarding Las Vegas: Earlier this month, Houston-based Metrostudy reported that Las Vegas has more than 8,200 condominium units that are...

Not a Single Unit. Amazing.

Posted on May 30, 2010
The ongoing land development crash is filled with amazing anecdotes. I've followed many of them as part of my research and writing. Recently, though, I ran across one that shocked and awed me more than any other before. It's the...

Two by White on Strategic Default

Posted on May 30, 2010
Brent T. White (Arizona) has posted two papers on the topic of strategic default by homeowners. First is The Morality of Strategic Default. The abstract: Responding to those who argue that homeowners who strategically default on their mortgages are immoral...

Salkin & Lavine on Community Benefits Agreements and Comprehensive Planning

Posted on May 28, 2010
Patricia Salkin (Albany) and Amy Lavine (Albany) have posted Community Benefits Agreements and Comprehensive Planning: Balancing Community Empowerment and the Police Power, forthcoming in the Journal of Law and Policy. The abstract: Traditionally, the states have empowered local governments to...

Dagan on Independence and Interdependence and the Pluralism of Property

Posted on May 28, 2010
Hanoch Dagan (Tel Aviv) has posted From Independence and Interdependence to the Pluralism of Property, forthcoming in PROPERTY, STATE AND COMMUNITY (Oxford U. Press). The abstract: This paper is one chapter of a collection of essays ? Property, State, and...

Kilbert on the Public Trust Doctrine and the Great Lakes Shores

Posted on May 28, 2010
Kenneth Kilbert (Toledo) has posted The Public Trust Doctrine and the Great Lakes Shores, Cleveland State Law Review, Vol. 58, No. 1 (2010). The abstract: The shores of the Great Lakes are a battleground, and their future use is shrouded...

Nominee for Worst Proposed Legislation of 2010...

Posted on May 28, 2010
Now, I completely understand that there are many people in the homebuilding industry who really want to start working again and expanding. It's their livelihood and who wouldn't want a bigger paycheck in these tough economic times. But, the idea...

Land Use Panel at Law & Society Association

Posted on May 26, 2010
This weekend is the always-excellent annual meeting of the Law & Society Association in Chicago. I haven't scoured the program, but there is sure to be a plethora of interesting panels and events. I do have firsthand knowledge, however, of...

Arrunada & Lehavi on Prime Property Institutions for a Subprime Era

Posted on May 25, 2010
Benito Arrunada (Universitat Pompeu Fabra) & Amnon Lehavi (Interdisciplinary Center Herzliyah--Radzyner School of Law) have posted Prime Property Institutions for a Subprime Era: Exploring Innovative Models of Residential Development and Finance. The abstract: This paper breaks new ground toward contractual...

Rodriguez-Dod on Protecting Tenants from Foreclosure Evictions

Posted on May 25, 2010
Eloisa C. Rodriguez-Dod (Nova Southeastern) has posted Stop Shutting the Door on Renters: Protecting Tenants from Foreclosure Evictions, from Cornell Journal of Law and Public Policy, Vol. 20. The abstract: This article discusses existing and proposed federal and state law...

Hirokawa and Salkin on Urban University Expansion, Sustainable Development, and Columbia

Posted on May 24, 2010
Many of you might be familiar with the controversy over Columbia University's plans for expansion; the plans, however, raise numerous land use issues besides eminent domain. Keith Hirokawa (Albany) and Patricia Salkin (Albany) have posted an article that situates Columbia's...

Way on Informal Homeownership

Posted on May 24, 2010
Heather K. Way (Texas) has posted Informal Homeownership in the United States and the Law, from St. Louis University Public Law Review, Vol. 29, No. 1 (2009). The abstract: This article examines how millions of lower-income families in the United...

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