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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

Zoning Out Fast Food

Posted on February 10, 2010
Notre Dame law student Allyson C. Spacht has published her note "The Zoning Diet: Using Restrictive Zoning to Shrink American Waistlines" at 85 Notre Dame L. Rev. 391. An excerpt (cites ommitted): In July 2008, the Los Angeles City Council...

Baby, It's Cold in Here

Posted on February 10, 2010
From one of my favorite periodicals, The New York Times, an article on people who like it cold in their houses. How cold? 30 to 40 degrees, for some. They do it out of financial necessity or aesthetic predisposition, or...

Immergluck on the Mortgage Crisis and Neighborhood Wreckage

Posted on February 09, 2010
Dan Immergluck (Georgia State--School of City and Regional Planning) has posted From Global Buck to Local Muck: Capital Markets, Public Policy and Neighborhood Wreckage in the U.S. The abstract: The U.S. subprime crisis was the result of a continual movement...

Tekle on Restrictive Covenants and Sex Offender Legislation

Posted on February 09, 2010
Asmara M. Tekle (Texas Southern-Thurgood Marshall) has posted Safe: Restrictive Covenants and the Next Wave of Sex Offender Legislation, forthcoming in the SMU Law Review. The abstract: This Article examines the emerging phenomenon and implications of sex offender covenants, the...

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Epstein on Bybee's Takings Decision

Posted on February 08, 2010
Richard Epstien (Chicago; Stanford/Hoover) has posted Takings Law Made Hard, Regulation, Winter 2009-2010. The abstract: The novel opinion of Ninth Circuit Judge Jay Bybee in Guggenheim v. City of Goleta could threaten the tortured jurisprudence that has protected regulatory takings...

28th Annual Public Interest Environmental Law Conference

Posted on February 08, 2010
John Bonine at University of Oregon School of Law announces their 28th annual PIELC conference. From the conference website: Continuing economic uncertainty is merging with environmental and social degradation, and humanity faces both a mounting crisis and a dawning opportunity...

25% Unemployment?

Posted on February 08, 2010
While the general unemployment number recently dipped below 10%, the jobless percentage of construction workers has nearly reached 25%--another indication that land use trends don't seem poised to grow positive anytime soon: The U.S. construction industry?s unemployment rate hit 24...

Super Land Use Bowl

Posted on February 07, 2010
I'm glad the Saints won, from a land use perspective, because New Orleans is a great city, an urban historical gem, and despite Brad Pitt's best efforts, the city is still struggling to come back from Katrina's damage to its...

"An erogenous zoning violation"

Posted on February 05, 2010
I really tried to come up with my own equally clever title, but I could not think of anything better than the "erogenous zoning violation" caption that the Washington Post came up with in an article published today. The protagonist...

Sustainable Communities Initiative

Posted on February 05, 2010
From the Obama administration: FOR IMMEDIATE RELEASE February 4, 2010 THURSDAY: Top Obama Administration Officials to Promote Sustainable Communities, Environmental Justice at Smart Growth Conference WASHINGTON ? U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan and Transportation Secretary Ray...

New Book on Property "Outlaws"...

Posted on February 05, 2010
Professors Penalver and Katyal have published an interesting new book with Yale University Press: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement...

Nuisance Law and the Mortgage Crisis

Posted on February 04, 2010
I'm just now getting around to posting a link sent to me by Kermit Lind from Cleveland State's Urban Development Law Clinic. The page contains materials from their (fairly) recent Public Nuisance CLE. Professor Lind hopes this information will be...

Property and Space from a Different Angle

Posted on February 04, 2010
Matt Festa posted last week about a dispute over property falling from space. Today my architecture source (you know who you are) sent me a link to an article from the NY Times on-line entitled, "Space: It's Still a Frontier."...

May the bells toll . . . in Phoenix?

Posted on February 04, 2010
There seems to be a big church-state land use battle brewing in Arizona. From the Arizona Republic story Court hears arguments over church bell in Phoenix: The arguing over the silencing of church bells grew louder in two Phoenix courtrooms...

Florida's Nelson Symposium

Posted on February 03, 2010
Michael Allan Wolf writes to let us know about the upcoming Nelson Symposium at the University of Florida: The University of Florida Levin College of Law is hosting the Ninth Annual Richard E. Nelson Symposium on Friday, February 12. The...

Interdisciplinary Problem Solving in Newtown

Posted on February 03, 2010
As you all might have noticed from previous posts, our clients in Gainesville, Georgia are getting a fair amount of press lately. The client is the Newtown Florist Club, an environmental justice organization working on industrial pollution issues in their...

West Fairview Avenue Charrette...

Posted on February 03, 2010
This week, I'm spending a good deal of time at the planning charrette for West Fairview Avenue here in Montgomery. The plan is to revitalize the area and, for regulatory purposes, likely use Montgomery's form-based and transect-based code to implement...

Anderson on being Mapped Out of Local Democracy

Posted on February 03, 2010
Michelle Wilde Anderson (Berkeley) has posted Mapped Out of Local Democracy, forthcoming in the Stanford Law Review. The abstract: In the novel Sula, Toni Morrison describes a neighborhood known locally as the Bottom, where the black community lived. It was...

Call for Papers in Urban Agriculture

Posted on February 03, 2010
The Journal of Agriculture, Food Systems, and Community Development has posted a call for papers: Special Topic Call: Best Practices in Urban and Peri-Urban Agriculture Development. JAFSCD welcomes research or policy briefs, and case studies (up to 2,500 words) and...

Stevenson on Kelo and IOLTA

Posted on February 02, 2010
My colleague Dru Stevenson (South Texas) has posted IOLTA Problems in the Post-Kelo World, a very interesting paper looking into the question of whether anti-Kelo reform statutes and amendments--targeted at restricting the use of eminent domain for land--might also have...

Groundhog Day

Posted on February 02, 2010
We all talk about land use, but no one uses the land like a groundhog. And today Punxsutawney Phil declared: six more weeks of winter. Happy Groundhog Day! Matt Festa

Another Interesting Writing Competition...

Posted on February 02, 2010
I guess we all have our niches in life. For example, here at the Land Use Prof blog, Matt is the guru of finding interesting articles being published on land use issues. Maybe my niche can be finding equally interesting...

Rhuks Temitope Ako (Unversity of

Posted on February 01, 2010
Rhuks Temitope Ako (Unversity of Hull--School of Law) has posted Nigeria?s Land Use Act: An Anti-Thesis to Environmental Justice, forthcoming in the Journal of African Law, Vol. 53, No. 2, pp. 289-304, 2009. The abstract: Nigeria?s Land Use Act, promulgated...

Real Estate Writing Competition...

Posted on February 01, 2010
Below is information about a new real estate writing competition from the New York Law School: The Center for Real Estate Studies and The Graduate (LL.M.) Program in Real Estate at New York Law School present The 1st Annual NYLS...

Charleston's New Preservation Plan Wins National Award

Posted on January 31, 2010
The City of Charleston's new preservation plan received national recognition recently from the National Trust for Historic Preservation during its annual National Preservation Awards. Created in partnership with the Historic Charleston Foundation, which hired San Francisco-based Page & Turnbull to...

Property from Space

Posted on January 30, 2010
Disputes over property owership are common, but it's not every day that property comes falling out of the sky. The Washington Post reports that an Ownership battle brews over Virginia meteorite: The doctors who were nearly bonked on the head...

President Obama Announces $8 Billion for High Speed Rail

Posted on January 30, 2010
The President announced $8 billion in grants for various regional high-speed rail initiatives around the country, under the auspices of the American Reinvestment and Recovery Act. The White House press release is here. Tampa, FL ? President Barack Obama and...

Lane on the Torrens System

Posted on January 30, 2010
It's not every day that we get a new paper on the Torrens system, but today is that day! From Australia, where Sir Robert invented the system, Patricia Lane (Sydney Law) has posted Indefeasibility for What? Interpretive Choices in the...

"Superfast Bullet Trains are Finally Coming to the US"

Posted on January 30, 2010
Earlier today Matt Festa posted about Obama's funding for high speed trains. Wired Magazine also has a great spread this month on high speed rail coming to the US. The writers are breathless about the technology, of course, but the...

Tensions between HOA super liens and purchasers at foreclosure

Posted on January 29, 2010
I've been away for awhile and am happy (and grateful) that my fellow bloggers have contributed such interesting posts over the last few months. I have really enjoyed reading the posts and learning from them. My contribution today comes, fittingly,...

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