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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

Sawers on the Right to Exclude

Posted on April 09, 2010
Brian Sawers (O'Connor Fellow, Arizona State) has posted Is the Right to Exclude Fundamental to Property? The abstract: Kaiser Aetna identifies the right to exclude as a core element of property, without distinguishing improved from unimproved land. This Article argues...

Zingales on the Menace of Strategic Default

Posted on April 08, 2010
Luigi Zingales (U. Chicago--Business) has an interesting article in the latest City Journal called The Menace of Strategic Default: Homeowners who walk away from their mortgages undermine our financial system. The idea of "strategic default" is that it might be...

Rybczynski doubts centralized city planning

Posted on April 08, 2010
Witold Rybczynski--Slate's architecture critic, U. Penn. professor, and author of several wonderful and accessible books on design and the built environment in America--has a short but compelling article called Don't Plan on it: Centralized City Planning is not the Answer...

Fess Parker, RIP

Posted on April 08, 2010
You may have heard the news a couple of weeks ago that Fess Parker passed away on March 18, 2010. The actor was most famous for his iconic portrayal of Davy Crockett in the Disney tv/movie series in 1954. My...

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Residential Building in Agriculture Zone...

Posted on April 08, 2010
It sounds like Houston County, Minnesota has a fairly strong restriction on building residences in agriculture. Strong enough that it may get them sued according to this article: The Houston County battle primarily stems from zoning regulations that require single-family...

Lefcoe on Kelo's Little Pink House

Posted on April 08, 2010
George Lefcoe (Southern California) has published Jeff Benedict's Little Pink House: The Back Story of the Kelo Case, reviewing Benedict's book on the Kelo saga. The abstract: Little Pink House is a fast paced account by Jeff Benedict of the...

Forum: Land Use in the Unzoned City (@ South Texas)

Posted on April 08, 2010
The South Texas College of Law is pleased to invite the public to what promises to be a very interesting forum called Land Use in the Unzoned City: Regulation, Property Rights, and Smart Growth in Houston's Future. From the program:...

Wershbale on the Second Amendment and Public Housing

Posted on April 07, 2010
I often tell my land use students that there is hardly any public policy or private law issue that doesn't have some sort of land use question involved, if for no other reason than because all human activity necessarily takes...

Davidson on Value in Public-Private Transactions

Posted on April 07, 2010
I'll bracket Ken Stahl's excellent post below, on local development politics in the context of the real estate bust, with another interesting article by Nestor Davidson (Colorado): Values and Value Creation in Public-Private Transactions, Iowa Law Review, Vol...

Local Growth Politics and The Real Estate Meltdown

Posted on April 06, 2010
In my previous posts, here and here, I discussed the nature of local growth politics in southern California and elsewhere. The central dynamic of local growth politics nationwide is the conflict between developers and homeowners about whether, where, and what...

Davidson on People and Place in Housing and Community Development Policy

Posted on April 06, 2010
Nestor M. Davidson (Colorado) has posted Reconciling People and Place in Housing and Community Development Policy, Georgetown Journal on Poverty Law Policy, Vol. 16, No. 1, 2009. The abstract: In housing and community development theory, scholars have long debated tensions...

CFP: Fifth International Design Conference

Posted on April 06, 2010
The Fifth International Design Principles & Practices Conference is accepting submissions. To read about the conference and view the call for papers, go to the Design Principles & Practices website. Here are some of the details: FIFTH INTERNATIONAL CONFERENCE ON...

Could the housing market spoil the recovery?

Posted on April 05, 2010
Irwin Stelzer has a column in the business section of the Sunday Times Online (UK) called Housing market could spoil the recovery party. He begins on a positive note: The gloom is dissipating. The jobs market is improving: 162,000 new...

Sterk on Structural Obstacles to Settlement of Land Use Disputes

Posted on April 05, 2010
Stewart E. Sterk (Cardozo) has posted Structural Obstacles to Settlement of Land Use Disputes, forthcoming in the Boston University Law Review. The abstract: In many states, legal doctrine discourages settlement of land use litigation by requiring that any settlement undergo...

Exciting New Initiative from Frank Alexander

Posted on April 02, 2010
Heidi Murphy in our PR department here at UGA law just directed my attention to a very interesting story in The National Law Journal. Emory Law Professor Frank Alexander has just launched a new center to help cities revitalize abandoned...

Chase on the Homeownership Society and Rental Stability

Posted on April 02, 2010
Arlo M. Chase (Brooklyn) has posted Rethinking the Homeownership Society: Rental Stability Alternative. The abstract: This paper radically challenges two of the dominant theories about housing policy: (a) that promoting homeownership is the best way to achieve household and neighborhood...

Trisolini on Local Governments and Climate Change Regulation

Posted on April 02, 2010
Katherine Trisolini (UCLA) has posted All Hands on Deck: Local Governments and the Potential for Bidirectional Climate Change Regulation, Stanford Law Review, Vol. 62, p. 669 (2010). The abstract: In line with accepted theories of environmental law, many prominent environmental...

Salkin on Nonconforming Uses and Zoning

Posted on April 02, 2010
Patricia Salkin (Albany) has posted Abandonment, Discontinuance and Amortization of Nonconforming Uses: Lessons for Drafters of Zoning Regulations, Real Estate Law Journal, Vol. 38, p. 482, Spring 2010. The abstract: With a significant volume of litigation focused on the subject...

Red Clay Conference

Posted on April 01, 2010
Last Friday was UGA's annual Red Clay Conference. This student-organized conference is always a blast, and I often have the honor of moderating a panel. The conference gets its name from the red Georgia clay, and the theme is always...

Josh Eagle on Notional Generosity and Conservation Easements

Posted on April 01, 2010
Josh Eagle (South Carolina) has posted Notional Generosity, forthcoming in the Harvard Environmental Law Review (2011). The abstract: This article explores a phenomenon that might be called ?gift-form generosity?: people earning similar amounts of income are more willing to part...

TDRs in Beaufort Part III

Posted on April 01, 2010
A couple of times now I've I posted about an interesting project Will Cook and I have in Beaufort, South Carolina, helping them implement a Transfer of Development Rights (TDR) program. Our team went back to Beaufort last week, although...

More on Dirt Piles

Posted on March 31, 2010
Okay, I know we joke around that land use lawyers are "dirt" lawyers, but that's becoming literal for me. As you may recall, I blogged recently about a giant dirt pile in our neighborhood. Although everyone here in Athens agrees...

Wilson & Klass on Climate Change, Carbon Sequestration, and Property Rights

Posted on March 30, 2010
Elizabeth J. Wilson (Center for Science, Technology and Public Policy, Humphrey Institute of Public Affairs, University of Minnesota) and Alexandra B. Klass (University of Minnesota Law) have posted Climate Change, Carbon Sequestration, and Property Rights, forthcoming in University of Illinois...

Mixed Income Transit-Oriented Development...

Posted on March 30, 2010
I was recently forwarded this interesting on-line tool that seeks to facilitate transit-oriented development. Here's more from the site: This Action Guide is a tool for local jurisdictions working to foster mixed-income transit-oriented development (TOD) around planned transit stations...

Controversy Over U. of Maryland Environmental Clinic

Posted on March 30, 2010
Those of you not on any of the environmental law professors' or clinicians' listserv may not have heard about this, but there is quite a battle raging in Maryland over a case filed by the University law school's environmental clinic....

New Approaches to Urban Redevelopment

Posted on March 30, 2010
Saturday I attended a very interesting lecture by Ken Reardon, who is a planning professor at The University of Memphis and a founding member of the Memphis Regional Design Center (MRDC). The lecture was part of an event called "Look...

Two by Diamond on Affordable Housing

Posted on March 30, 2010
Michael Diamond (Georgetown) has posted two articles that were contributed to the recent Law, Property, & Society series book AFFORDABLE HOUSING AND PUBLIC-PRIVATE PARTNERSHIPS, Nestor M. Davidson & Robin Paul Malloy, eds., Ashgate Press, 2009. The first article is titled...

Stein on Private and Public Construction in Modern China

Posted on March 30, 2010
Gregory M. Stein (Tennessee) has posted Private and Public Construction in Modern China. The abstract: During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China?s 2007 adoption of...

New Book: Designing Planned Communities...

Posted on March 29, 2010
Daniel Mandelker has recently published a new book entitled "Designing Planned Communities". Here's some information about the details: Designing Planned Communities is a clear statement of the design issues that are critical to creating livable and well-designed planned communities...

EPA Touts Infill Redevelopment

Posted on March 29, 2010
Here's the latest press release from EPA's Smart Growth program An updated U.S. Environmental Protection Agency report shows a continuing shift in development toward urban neighborhoods in the United States, despite a slow a real estate market. This trend, described...

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