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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

Richard Graving, RIP

Posted on May 10, 2010
A couple of weeks ago my South Texas colleague Richard Graving passed away. Prof. Graving taught international law subjects here for several decades after a long career of international practice around the globe. He served in the Army, the legal...

Legal Challenges Filed to Stop Georgia?s Coal Rush

Posted on May 10, 2010
From my colleagues at GreenLaw Petitions Identify Major Flaws in Coal-fired Power Plant Permits On May 10, 2010, attorneys from GreenLaw working with eight partner groups, filed petitions for hearings challenging permits for two major proposed coal-fired power plants in...

"One Stop" Web Site for Gulf Oil Spill

Posted on May 10, 2010
From Robin Craig at Florida State: A fairly impressive collection of departments and centers among the Florida universities are putting together what should become a very helpful one-stop web site for information on the Gulf spill, hosted (so far, at...

Oliveri on Discriminatory Housing Ads On-Line & Lessons from Craigslist

Posted on May 09, 2010
Rigel Christine Oliveri (Missouri) has posted Discriminatory Housing Advertisements On-Line: Lessons from Craigslist, forthcoming in Indiana Law Review, Vol. 43. The abstract: The Fair Housing Act makes it illegal to publish discriminatory housing advertisements...

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Collinson and Winter on U.S. Rental Housing Characteristics

Posted on May 09, 2010
More interesting work from HUD: Rob Collinson and Ben Winter have posted U.S. Rental Housing Characteristics: Supply, Vacancy, and Affordability, HUD PD&R Working Paper 10-01. The abstract: The aim of this working paper is to document key empirical facts on...

Sharma on Rent Control Legislation in India

Posted on May 09, 2010
Sharda Sharma (Chanakya National Law University) has posted Interpreting Rent Control Legislation: Role of Judiciary - A Critique. The Abstract: In India rent control legislation has caused inefficient use of built space, arbitrary allocation of space and retardation of new...

Davis on Federal Agency Involvement in Western Renewable Energy Resource Decisions

Posted on May 09, 2010
Charles Davis (Colorado State--Political Science) has posted Federal Agency Involvement in Western Renewable Energy Resource Decisions: Assessing the Views of Colorado County Commissioners. The abstract: This research addresses a key aspect of federal-local relationships in American federalism...

Belsky and Wachter on The Public Interest in Consumer and Mortgage Credit Markets

Posted on May 09, 2010
Eric S. Belsky (Harvard--Joint Center for Housing Studies & Graduate School of Urban Design) and Susan M. Wachter (Penn--Wharton, Real Estate) have posted The Public Interest in Consumer and Mortgage Credit Markets. The abstract: This paper examines mortgage credit markets...

Hughes on Enabling Investment in Environmental Sustainability

Posted on May 08, 2010
Heather Hughes (American University) has posted Enabling Investment in Environmental Sustainability, Indiana Law Journal, Vol. 85, No. 2 (2010). The abstract: This Article proposes an ?environmental practices money security interest? (EPMSI) that could be added to Uniform Commercial Code (UCC)...

Schwemm & Pratt on Disparate Impact Under the Fair Housing Act

Posted on May 07, 2010
Robert G. Schwemm (Kentucky) and Sara K. Pratt (Consultant) have posted Disparate Impact Under the Fair Housing Act: A Proposed Approach, a report commissioned by the National Fair Housing Alliance. The abstract: The issue of whether the prohibitions of the...

HUD's Report to Congress on the Root Causes of the Foreclosure Crisis

Posted on May 06, 2010
Christopher E. Herbert (Abt Associates, Inc.) & William C. Apgar (Abt Associates, Inc.) have posted Report to Congress on the Root Causes of the Foreclosure Crisis. The report appears to be the official report to Congress by HUD's Office of...

Interesting Urbanism in Seoul, South Korea

Posted on May 04, 2010
Attached are some of the more interesting urban conditions I saw during my two-day, self-guided tour of Seoul. From four-story, mixed-use Dunkin Donuts to 60 square foot retail units, Seoul has some real eye-opening urban types. Here's just a sample:

Klein on the Dormant Commerce Clause and Water Export

Posted on May 04, 2010
Christine A. Klein (Florida) has posted The Dormant Commerce Clause and Water Export: Toward a New Analytical Paradigm, forthcoming in the Harvard Environmental Law Review, Vol. 35 (2011). The abstract: Facing water shortages, states struggle with competing impulses, desiring to...

Hill on the Villains of the Subprime Crisis

Posted on May 04, 2010
Claire A. Hill (Minnesota) has posted Who Were the Villains in the Subprime Crisis, and Why it Matters, forthcoming in Ohio Entrepreneurial Business Law Journal, Vol. 4, p. 323, 2010. The abstract: This essay argues for the necessity of dealing...

Salazar v. Buono: Supreme Court religious land use case

Posted on May 04, 2010
Catching up from last week (the last week of classes and exam review!) I should post this synopsis of the recent U.S. Supreme Court case Salazar v. Buono. The case revolves around a land-swap between the federal government and the...

Katz on the Moral Paradox of Adverse Possession

Posted on May 04, 2010
Larissa M. Katz (Queen's University) has posted The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law, McGill Law Journal, Vol. 55, p. 47 (2010). The Abstract: On what grounds can we justify the transformation of squatters into...

Nation's Newest Nuclear Reactors in Jeopardy

Posted on May 03, 2010
From my friends at Southern Alliance for Clean Energy Georgia Public Service Commission Acted Illegally in Approving Georgia Power?s Plan to Build New Nuclear Reactors at Plant Vogtle Atlanta, Ga. ? Today, the Southern Alliance for Clean Energy won its...

Question for Matt (and Others)...

Posted on May 01, 2010
Keeping on track with the Seoul-focus of my posts, one thing I noticed today is that they have an extensive underground shopping mall system. I know that Houston and other places (such as the D.C. area) also have large chunks...

Amazing Seoul Density...

Posted on May 01, 2010
Well, I spent almost 14 hours today walking the streets and alleys of Seoul, South Korea. It was a pretty amazing experience. Now, recall: large chunks of Seoul were burned during the Japanese invasion and Korean War in the 1900s....

"Money of Right"

Posted on April 29, 2010
Or, at least, that's the closest English translation for an interesting Korean land use policy that I learned about today. While visiting with a member of the planning faculty here at Handong University, the topic of "money of right" came...

Furloughs, Budget Cuts, and Rural Georgia

Posted on April 29, 2010
Tomorrow is a furlough day for the University System in Georgia, which means I'm forbidden to work. Only faculty and staff who provide "essential services" for UGA are allowed to report on furlough days and, ironically enough, instruction is not...

US Transportation Secretary Promotes Biking

Posted on April 29, 2010
US Transportation Secretary Ray LaHood is blogging bikes, and he's getting media coverage for it -including in The New York Times. First, consider the internet savvyness of an official US DOT blog, "Fast Lane." One doesn't usually think of a...

McDonnell, Madar, & Been on Minimum Parking Requirements in a Dense Growing City

Posted on April 29, 2010
Simon Thomas McDonnell (NYU--Furman Center for Real Estate & Urban Policy), Josiah Madar (NYU--Furman Center) and Vicki Been (NYU) have posted A Continuing Role for Minimum Parking Requirements in a Dense Urban City? Evidence from New York City. The abstract:...

Fennell on Unbundling Risk

Posted on April 29, 2010
Lee Anne Fennell (Chicago) has posted Unbundling Risk, forthcoming in the Duke Law Journal Vol. 60 (2011). The abstract: Scholars have explored many ways to rearrange risk outside of traditional insurance markets. An interesting literature addresses a range of innovative...

Edwards on Acceptable Deviance and Property Rights

Posted on April 28, 2010
Mark A. Edwards (William Mitchell) has posted Acceptable Deviance and Property Rights, forthcoming in the Connecticut Law Review (2010). The abstract: Compliance with ? or deviance from ? law is often dependent upon the law?s convergence with ? or divergence...

Thomas on the Public Forum Doctrine

Posted on April 27, 2010
David A. Thomas (BYU) has posted Whither the Public Forum Doctrine: Has this Creature of the Courts Outlived its Usefulness?, Real Property, Probate and Trust Law Journal, Vol. 44, pp. 637-743, Winter 2010. The abstract: Tracing both the development of...

Arrunada on Electronic Titling

Posted on April 27, 2010
Benito Arrunada (Universitat Pompeu Fabra) has posted Electronic Titling: Potential and Risks, New Zealand Law Journal, pp. 115-120, April 2010. The abstract: Initiatives in electronic conveyancing and registration show the potential of new technologies to transform such systems, reducing costs...

Hudson on Public and Wildlife Trust Doctrines & the Lucas Remand

Posted on April 27, 2010
Blake Hudson (Stetson) has posted The Public and Wildlife Trust Doctrines and the Untold Story of the Lucas Remand, Columbia Journal of Environmental Law, Vol. 34, No. 1, 2009. The abstract: Government attempts to protect ecosystems on private lands are...

Bronin on Curbing Energy Sprawl

Posted on April 27, 2010
Sara C. Bronin (Connecticut) has posted Curbing Energy Sprawl. The abstract: Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem...

Early Observations...

Posted on April 27, 2010
As readers may know, I'm in South Korea for two weeks teaching a Survey of U.S. Intellectual Property Law course in Pohang. While here, I'm also surveying the land use patterns here in Korea. I'll try and add some pictures...

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