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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

Glaeser spotlights Atlanta in NYT

Posted on March 11, 2010
Harvard economist Edward L. Glaeser--whose interesting work on cities we have posted about before--has a great entry on the New York Times' Economix Blog called Betting on Altanta. He asks: Atlanta added 1.13 million people from 2000 to 2008, more...

Craig on the Western States' Public Trust Doctrines

Posted on March 10, 2010
Robin Kundis Craig (Florida State) has posted A Comparative Guide to the Western States' Public Trust Doctrines: Public Values, Private Rights, and the Evolution Toward an Ecological Public Trust, Ecology Law Quarterly, Vol. 37, No. 1 (March 2010). The abstract:...

Glick, Rose, & Huertas on the Greening of Community Economic Development In NYC

Posted on March 10, 2010
Brian Glick (Fordham Law), Jessica Rose (Community & Economic Development, Brooklyn Legal Svcs.), & Carmen Huertas (CUNY Law) have posted The Greening of Community Economic Development: Dispatches from New York City, Western New England Law Review, Vol...

Anderson on Race, Poverty, and Exclusion at the Urban Fringe

Posted on March 09, 2010
Michelle Wilde Anderson (Berkeley) has posted Cities Inside Out: Race, Poverty, and Exclusion at the Urban Fringe. The abstract: Across the country, from Aberdeen, North Carolina to Modesto, California, city growth has bypassed hundreds of low-income neighborhoods founded under conditions...

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Post-Katrina Zoning Issues...

Posted on March 09, 2010
With the five year anniversary of Hurricane Katrina and the ambitious Mississippi Renewal Forum coming later this year, I've been following some of the forum's results more closely. Several, such as the Katrina Cottage quickly gained attention while others never...

Manufactured Housing - People of Hope

Posted on March 09, 2010
While we're on the subject of manufactured housing I'd like to give a shout out to People of Hope. This Athens-based organization is creating the first resident-controlled, affordable manufactured home development in Georgia. This organization arose out of an eviction...

Developer Saves Landmark Hotel

Posted on March 09, 2010
One of Los Angeles's most famous mid-century modernist landmarks, the Century Plaza Hotel, has been saved from demolition after the building's owner, Next Century Associates, decided to preserve it. Next Century had previously announced its intent to demolish Century Plaza...

Ralston on Rights and Environmental Justice

Posted on March 09, 2010
Shane J. Ralston (Philosophy, Penn State-Hazelton) has posted Dewey and Leopold on the Limits of Environmental Justice. The abstract: Environmental justice refers to many things: a global activist movement, local groups that struggle to redress the inequitable distribution of environmental...

Home ownership: Mom, Apple Pie and Mortgages

Posted on March 08, 2010
Robert Shiller (Yale--Economics) has an article in Sunday's New York Times Business section called Mom, Apple Pie and Mortgages. Shiller discusses the overpromotion of home ownership in the U.S. and its cultural foundations (something I'm working on as well)...

ALPS Conference

Posted on March 07, 2010
I spent the last couple of days at the inaugural meeting of the Association for Law, Property, and Society (ALPS). What a fantastic event. For a junior prof like me, ALPS was just perfect in terms of size and subject...

Reason TV on Atlantic Yards

Posted on March 06, 2010
Reason TV has a short video available on YouTube about the Atlantic Yards project. They focus on the famous Freddy's Bar as a healthy community institution that shouldn't be taken in the name of comprehensive development. Reason says that Atlantic...

Zetland on Water Rights as Property Rights for the Poor

Posted on March 06, 2010
David Zetland (Berkeley--Agricultrual & Resource Economics) has posted Water Rights and Human Rights: The Poor Will not Need Our Charity if We Need Their Water. The abstract: Each year, about 2.8 million people die due to problems with poor water...

Burkhart on Manufactured Housing and Real Estate Finance

Posted on March 06, 2010
Speaking of modular housing, as Jamie Roskie does below, Ann Burkhart (Minnesota) has posted Bringing Manufactured Housing into the Real Estate Finance System, forthcoming in the Pepperdine Law Review. The abstract: Eight percent of the United States population - more...

Remembering the Alamo

Posted on March 06, 2010
Today is the 174th anniversary of the fall of The Alamo on March 6, 1836 during the Texas Revolution. As the story goes, the vastly outnumbered Texian forces under siege bought crucial time for the rest of the army by...

Mansions Go Modular

Posted on March 04, 2010
I recently got a question about amending a local building code to allow for use of steel shipping containers as a building material. The local code discourages the use of "modular" materials, and the questioner wanted to know how to...

Reiss on Fannie and Freddie

Posted on March 04, 2010
David J. Reiss (Brooklyn) has posted Fannie Mae and Freddie Mac: Creatures of Regulatory Privilege, published in FINANCIAL INSTITUTIONS AND MARKETS: CURRENT ISSUES IN FINANCIAL MARKETS, Robert R. Bliss, George G. Kaufman, eds., 2010. The abstract: This book chapter addresses...

Sean Nolon on Lawyering in Development Controversies

Posted on March 04, 2010
Sean Nolon (Vermont Law School) has posted The Lawyer as Process Advocate: Encouraging Collaborative Approaches to Controversial Development Decisions, Pace Environmental Law Review, Vol. 27, pp. 103-144, 2009. The abstract: Significant land development decisions have the potential to tear at...

Don't Text and Drive: Take the Bus

Posted on March 03, 2010
Wired Magazine is one of my not-so-guilty pleasures. A friend gave us a subscription awhile ago, and while it's not something I would ever buy for myself, I really enjoy reading it. Also, almost every issue has something that's somewhat...

The Property Tax Oddness Grows...

Posted on March 03, 2010
What is your house worth? Seems like a simple question that could have been answered within recent years by simply looking at the tax assessment. But, that's no longer the case for a variety of reasons. One of which is...

SCOTUS decides Mac's Shell case

Posted on March 03, 2010
Yesterday, the U.S. Supreme Court decided Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., No. 08-240. Service station franchisees sued under the Petroleum Marketing Practices Act, 15 U.S.C. 2802, 2804, claiming a "constructive termination" of their franchises...

Texas Independence Day

Posted on March 02, 2010
Political junkies have their eyes on Texas today because of the gubernatorial primary battle between GOP stalwarts Gov. Rick Perry and Sen. Kay Bailey Hutchison. But March 2 has an even greater significance for Texans: it is Texas Independence Day....

Salkin on Local Communities and Sustainability

Posted on March 02, 2010
Patricia Salkin (Albany) has posted Can You Hear Me Up There? Giving Voice to Local Communities Imperative for Achieving Sustainability, Environmental & Energy Law & Policy Journal, Vol. 4, p. 256, 2009. The abstract: Sustainable development is an international challenge...

Gelinas on blight justifications for eminent domain in NY

Posted on March 02, 2010
Nicole Gelinas has an article at City Journal called Eminent Domain as Central Planning: wielding creative definitions of blight, New York runs roughshod over property rights and uproots viable neighborhoods. Not surprisingly, her story focuses on Atlantic Yards, but also...

Negligent setbacks?

Posted on March 01, 2010
That's what this Colorado lawsuit is arguing related to a recent traffic accident that resulted in a fatality:Both the Colorado Department of Transportation and the city of Aurora are being sued in connection with Havana being widened in 2003 to...

"Project Future" is now complete...

Posted on March 01, 2010
I recently wrote a book entitled "Project Future: The Inside Story Behind the Creation of Disney World". In addition to exploring how and why Disney selected Central Florida for its Disneyland East project, I also spend part of the book...

Beaufort (SC) Neighborhood Tops This Old Houses' Best Places List

Posted on March 01, 2010
As those of you who follow the blog regularly know, Will Cook and I are working on a Transferable Development Rights (TDR) implementation project in Beaufort, South Carolina. Our local liaison with the Lowcountry Council of Governments, Ginnie Kozak sent...

The New American Home Goes Unfinished

Posted on March 01, 2010
Ngai Pindell and I have been lobbing this article back and forth, so I thought I'd go ahead and post it. A desirable in-fill community containing the "New American Home 2010" is going unfinished due to the construction financing crisis....

USA vs. Canada: Property Rights

Posted on February 28, 2010
Watching the big Olympic Gold Medal game today? While the eyes of North America will be on the hockey game, this Western Standard article compares the two contries in another area: Canada beats the U.S. (in protection of property rights,...

Rajora on Land Acquisition in the U.S. and India

Posted on February 26, 2010
Varsha Rajora has posted Land Acquisition: Its Legal and Constitutional Implications. The abstract: Property is the most ancient, the most vital institution, with which man became concerned. Its original function is to secure physical existence. It is a social concept...

Lyons on Competing Political Economies of Takings Law

Posted on February 26, 2010
Daniel Lyons (Boston College) has posted Public Use, Public Choice and the Urban Growth Machine: Competing Political Economies of Takings Law, University of Michigan Journal of Law Reform, Vol. 42, p. 265 (2009). The abstract: The Kelo decision has unleashed...

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