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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

Three by Garnett

Posted on March 28, 2010
Nicole Stelle Garnett (Notre Dame), author of the recently-released Ordering the City: Land Use, Policing, and the Restoration of Urban America (Yale U. Press, 2010), has posted three new papers to SSRN this month. The first, Unbundling Homeownership: Regional Reforms...

Edwards on Acceptable Deviance and Property Rights

Posted on March 27, 2010
Mark A. Edwards (William Mitchell) has posted Acceptable Deviance and Property Rights. The abstract: Compliance with ? or deviance from ? law is often dependent upon the law?s convergence with ? or divergence from ? normative sensibilities. Where the legality...

Those of us who study land use

Posted on March 26, 2010
Those of us who study land use and local government tend to believe that local politics are dominated by homeowners, who disproportionately participate in local politics, either by vote or otherwise (such as appearing at a hearing to oppose a...

Colburn on Permits, Property, and Planning, and the ESA

Posted on March 25, 2010
Jamison E. Colburn (Penn State) has posted Permits, Property, and Planning in the 21st Century: Habitat as Survival and Beyond, forthcoming in REBUILDING THE ARK: NEW PERSPECTIVES ON ESA REFORM, Jonathan Adler ed., 2010. The abstract: In our legal tradition...

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Barros on Homestead and Other Legal Protections of the Home

Posted on March 25, 2010
Benjamin Barros (Widener) has posted Homestead and Other Legal Protections of the Home. The abstract: In many legal contexts, homes are given more legal protection than other types of property. This additional protection can be divided into three categories...

Camacho, Susskind, & Schenk on Collaborative Planning and Adaptive Management

Posted on March 25, 2010
Alejandro E. Camacho (Notre Dame Law & UC Irvine Law), Lawrence E. Susskind (MIT, Urban Studies & Planning), and Todd Schenk (MIT, Urban Studies & Planning) have posted Collaborative Planning and Adaptive Management in Glen Canyon: A Cautionary Tale. The...

I Am the Crazy Neighbor

Posted on March 25, 2010
As I mentioned in my previous post, one of the latest dramas in my life is a ginormous pile of dirt that a developer recently dumped on three residential lots around the corner from my house. The dirt originally came...

Code Reform in San Marcos, Texas

Posted on March 24, 2010
The city of San Marcos, Texas is embarking on an interesting land use code effort (based on using the SmartCode) to reform its existing code system. You can find two interesting documents--one a powerpoint and one a short report--outlining the...

Bethlehem Steel Reborn

Posted on March 22, 2010
Like Chad Emerson, I've been blogging less of late, although not for the glamorous reason that I have a popular book out! My excuses are more pedestrian - Spring Break (where I actually endeavored, mostly successfully, to take two and...

Nelson on Federalization of State Mortgage Foreclosure Law

Posted on March 22, 2010
Grant Nelson (Pepperdine) has posted Confronting the Mortgage Meltdown: A Brief for the Federalization of State Mortgage Foreclosure Law, forthcoming in Pepperdine Law Review, 2010. The abstract: This Article argues for federal preemption of state procedures governing the foreclosure of...

Bell & Parchomovsky on the Hidden Function of Takings Compensation

Posted on March 21, 2010
Abraham Bell (San Diego & Bar Ilan) and Gideon Parchomovsky (Penn & Bar Ilan) have posted The Hidden Function of Takings Compensation. The abstract: To date, scholars have justified the constitutional mandate to pay compensation for takings of property on...

Fun Yet Insane...

Posted on March 21, 2010
A couple of readers emailed me and asked if I'm still blogging here. The answer is a big "Yes". My lack of recent posts relates to this ongoing experience with publishing a general interest book--in this instance my new book...

Introducing Kenneth Stahl

Posted on March 19, 2010
It's my pleasure to introduce Kenneth A. Stahl as a guest-blogger here at the Land Use Prof Blog. Prof. Stahl is on the faculty at Chapman University School of Law, where he teaches Property, Land Use, and Environmental Law. His...

Stahl on the Artifice of Local Growth Politics

Posted on March 19, 2010
Kenneth Stahl (Chapman) has posted The Artifice of Local Growth Politics: At-Large Elections, Ballot-Box Zoning and Judicial Review. The abstract: Municipalities throughout the nation are plagued by a seemingly unresolvable conflict between development interests and homeowners? groups who oppose growth...

The Artifice of Local Growth Politics -- Part I

Posted on March 19, 2010
Many thanks to Matt and the rest of the editors at the Land Use Prof Blog for inviting me to "guest blog" here about my paper on local growth politics. You can find the abstract and a link to the...

Happy St. Patrick's Day

Posted on March 17, 2010
Well, we've tried to post land use-related observations over most of the holidays over the six months we've been driving the blog: Columbus Day, Veterans' Day, Thanksgiving, Christmas, New Years, Valentine's Day. Now it's time to try and make a...

County Struggles to Pay for Unused Infrastructure Capacity

Posted on March 17, 2010
In our relatively short time as co-editors of this blog, we've written several times about the impact of the implosion of the housing market. (Just check out our housing and mortgage crisis categories for many of these posts.) Recently, the...

Kotkin on America in 2050

Posted on March 17, 2010
As a quick follow-up to Will's post below, Joel Kotkin also has an optimistic article out now called What America will Look Like in 2050, which presumably touches on some of the themes in his new book, The Next Hundred...

Joel Kotkin's "The Decline of Los Angeles"

Posted on March 17, 2010
In "The Decline of Los Angeles," published on Newgeography.com and originally in Forbes, author Joel Kotkin explores what he describes "one of the most rapid--and largely unnecessary--municipal reversals in fortune in American urban history." Thanks to what Kotkin describes as...

Smith & Fernandez on Aesthetic Nuisance

Posted on March 16, 2010
George P. Smith II (Catholic) and Griffin W. Fernandez have posted The Price of Beauty: An Economic Approach to Aesthetic Nuisance, Harvard Environmental Law Review, Vol. 15, No. 1, p. 1991. The abstract: This Article advocates a wider judicial recognition...

Owen on Urbanization, Water Quality, and the Regulated Landscape

Posted on March 16, 2010
Dave Owen (Maine) has posted Urbanization, Water Quality, and the Regulated Landscape. The abstract: Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment...

Benson on Adaptive Management Approaches by Resource Management Agencies

Posted on March 16, 2010
Melinda Harm Benson (New Mexico) has posted Adaptive Management Approaches by Resource Management Agencies in the United States: Implications for Energy Development in the Interior West, Journal of Energy and Natural Resources Law, Vol. 29, No. 1, pp...

Outka on Facility Siting for Renewable Energy

Posted on March 15, 2010
Uma Outka (Florida State) has posted Facility Siting for Renewable Energy: Florida's Land Use Context. The abstract: This Article takes up the increasingly important land use question of siting for renewable energy. As concern over climate change grows, new policies...

Craig on Water Federalism and Climate Change Impacts

Posted on March 15, 2010
Robin Kundis Craig (Florida State) has posted Adapting Water Federalism to Climate Change Impacts: Energy Policy, Food Security, and the Allocation of Water Resources, forthcoming in the Environment & Energy Law & Policy Journal. The abstract: This Article posits that...

Kent & McMillian on Deadwood, Property Rights, & Human Identity

Posted on March 14, 2010
Many of you who read Property Prof Blog have seen Mike Kent's fascinating series of posts about property rights issues in the HBO series Deadwood. Now you can read the full analysis, as Prof. Kent (Atlanta's John Marshall & Stetson)...

Home Affordable Foreclosure Alternatives Program

Posted on March 12, 2010
Earlier this week the New York Times had a front-page story on the new Home Affordable Foreclosure Alternatives Program set to begin on April 5. In an effort to end the foreclosure crisis, the Obama administration has been trying to...

Pursley & Wiseman on Local Energy

Posted on March 12, 2010
Garrick B. Pursley (Texas) and Hannah J. Wiseman (Texas) have posted Local Energy. The abstract: At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable farms will be...

Besley & Ghatak on Property Rights and Economic Development

Posted on March 11, 2010
Timothy J. Besley (London School of Economics) and Maitreesh Ghatak (London School of Economics) have posted Property Rights and Economic Development. The abstract: This chapter develops a unified analytical framework, drawing on and extending the existing literature on the subject,...

Jacoby on the Value(s) of Foreclosure Law Reform

Posted on March 11, 2010
Melissa B. Jacoby (North Carolina) has posted The Value(s) of Foreclosure Law Reform, forthcoming in the Pepperdine Law Review (2010). The abstract: This symposium contribution examines the starkly different values reflected in traditional legal literature on foreclosure law reform in...

An Iconic Image of the Real Estate Fiasco...

Posted on March 11, 2010
I recently came across this amazing picture showing how Miami's skyline has changed since 2004. Take a look and be amazed at how much was built in less than 7 years. Then wonder...how much of this will ever be occupied?...

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