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Real Estate & Property Law

PropertyProf Blog

By D. Benjamin Barros and Alfred L. Brophy et al.

Post Frequency: 12.4/day

Last Entry: March 31, 2011 at 11:58:57

Monday Roundup: Federalist Society Panels and Harvard's Atlantic World Seminar

Posted on January 28, 2008
Let me roundup a couple of things propertyprofs might care about this morning. First, two panels from the Federalist Society's Tenth Annual Faculty Conference: "Post-Kelo Reform" with Vanderbilt's James Ely, Northwestern's David Dana, George Mason's Steve Eagle, Yale Law Olin...

Advice to Law Journals: Part 22

Posted on January 25, 2008
Haven't posted anything on law reviews of late (partly because I've been distracted by talk of a lawsuit based on nuisance by Cleveland against subprime lenders). Congratulations, by the way, to Ben Barros for predicting this back in fall of...

More Subprime Litigation Issues

Posted on January 24, 2008
The litigation fall out from the subprime mess is going to be a big topic for property profs. (Longtime readers might remember that I predicted a part of the mess back in the fall of 2005). Dave Redden has an...

Buyer Sues Broker for Failure to Disclose Declining Market

Posted on January 22, 2008
From a NY Times article; particularly notable for the impact of the recent shift to buyer's agents: Marty Ummel believes she paid too much for her house. So do millions of other people who bought at the peak of the...

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Kent on Regulatory Takings

Posted on January 22, 2008
Michael B. Kent, Jr. (John Marshall - Atlanta) has posted Construing the Canon: An Exegesis of Regulatory Takings Jurisprudence after Lingle v. Chevron on SSRN. Here's the abstract: Regulatory takings has long been considered one of the more confused areas...

Body Parts Futures?

Posted on January 21, 2008
From an op-ed by Ian Williams in the Guardian: In the US, the alleged bastion of property rights, religious obscurantism is robbing American citizens of their birthright. Everyone, no matter how poor, is wandering around with some quarter of a...

Atuahene on Reparation, Restoration, and Property in South Africa

Posted on January 21, 2008
Bernadette Atuahene (Chicago-Kent) has posted the final version of From Reparation to Restoration: Moving Beyond Restoring Property Rights to Restoring Political and Economic Visibility on SSRN. Here's the abstract: How does a democratic state legitimize strong property rights when property...

Purpresture in Hawaii

Posted on January 19, 2008
Thanks to the extraordinary Carl Christensen for calling to my attention what I did not know, but should have: Hawaii v. Kerr, 16 Haw. 363 (1905), a case about purpresture. Looks like purpresture may be a piece of aloha jurisprudence....

Purpresture: What's that?

Posted on January 18, 2008
I'm working away on "Property and Progress: Antebellum Landscape Art and Property Law" (we've talked about a piece of this before and I'll be blogging more about it in the next few weeks). I'm interested in the law of beacons...

Breaking Up a Long Class

Posted on January 17, 2008
A new property prof writes: My class is an hour and forty minutes twice a week. While this is good for me (only two times rather than three per week), I know that I need some good ideas for keeping...

Finding Law in the News

Posted on January 15, 2008
From an AP Story: A contractor who helped discover bundles of cash totaling $182,000 hidden behind bathroom walls says the homeowner should turn the money over to him ? or at least share it. Bob Kitts said his feud with...

Heller and Hills on Land Assembly

Posted on January 15, 2008
Michael Heller (Columbia) and Rodercik Hills (NYU) have posted The Art of Land Assembly on SSRN. Here's the abstract: Eminent domain for economic development is attractive and appalling. States need the power to condemn because so much land in America...

Salkin and Lavine on RLUIPA

Posted on January 15, 2008
Patricia Salkin and Amy Lavine (Albany Law School) have posted The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government on SSRN. Here's the abstract: In 2000, Congress passed, and...

Requiring Lenders to Maintain Foreclosed Property

Posted on January 14, 2008
A student sent a long a link to an interesting story in Business Week about an effort in Buffalo to require lenders that have foreclosed on a property to maintain it. An excerpt: On Dec. 17 in a windowless Buffalo...

Immigration Law Enforcement vs. Private Property Rights

Posted on January 14, 2008
I've posted before on the intersection between immigration law and property law. It is an important yet overlooked relationship that has interested me for some time and one that I have been focusing on as of late. The New York...

Monumental Silence in Spain

Posted on January 14, 2008
Continuing with our occasional theme of monument law (and thanks to a pointer from Carl Christensen), here's a New York Times story on Spain's recent actions regarding monuments to Franco and the Spanish Civil War. The article begins: Last month...

Nash on Economic Efficiency, Public Choice, and Property Rights

Posted on January 11, 2008
Jonathan Nash (Tulane) has posted Economic Efficiency Versus Public Choice: The Case of Property Rights in Road Traffic Management on SSRN. Here's the abstract: This Article argues, using the case of responses to traffic congestion, that public choice provides a...

Jacoby on Delinquency Management

Posted on January 11, 2008
Melissa B. Jacoby (UNC - Chapel Hill) has posted Homeownership Risk Beyond a Subprime Crisis: The Role of Delinquency Management on SSRN. Here's the abstract: Public investment in and promotion of homeownership and the home mortgage market often relies on...

Underkuffler to Cornell

Posted on January 10, 2008
This is somewhat old news that I missed when it first came out, but Laura Underkuffler is moving from Duke to Cornell. With Greg Alexander, Eduardo Penalver, and Emily Sherwin already there, Cornell will now have one of the strongest...

Teaching Order - Where Should Sevitudes Go?

Posted on January 10, 2008
It's been a crazy first week of the semester, but I'm finally starting to feel like things are under control. Earlier in the week, I put together my syllabi for my property classes for this semester. I'm teaching the second...

White on Banning Subprime Mortgages

Posted on January 10, 2008
Alan M. White (Valparaiso) has posted The Case for Banning Subprime Mortgages on SSRN. Here's the abstract: While the subprime mortgage boom was in full swing, its benefits to American society were widely touted. Subprime mortgages were said to have....

Two by Freyfogle

Posted on January 08, 2008
Eric Freyfogle (Illinois) has two new posts up on SSRN. They are: Private Property: Correcting the Half Truths Today's discussions about private land ownership and regulatory takings build upon a number of critical assumptions about how private property arises, how...

First few days of property: roundup of some of our favorite posts

Posted on January 07, 2008
So the new semester's about to start and that means first year students everywhere (or at least at a lot of schools) will be reading cases like Pierson v. Post and Johnson v. M'Intosh. So I thought I'd round up...

Gary Rosin on ABA's Proposal Regarding Bar Pass Rates and Accreditation

Posted on January 05, 2008
We've been following South Texas Law Professor Gary Rosin's important work on bar pass rates for a while and its implications for the ABA's consideration of modifications to its law school accreditation standards. Here is Professor Rosin's latest report, which...

Advice to Law Journals, Part 21

Posted on January 05, 2008
21 publish cartoons This idea I got from the Journal of Legal Education. Seems a little strange at first, but I think there're some possibilities in doing innovative things. I think of publishing cartoons as a metaphor for innovative things....

More Property Poetry

Posted on January 03, 2008
While all the cool people are in New York for AALS, I'm sitting here in Tuscaloosa. So I thought that I'd post a little more property poetry. Like my most recent property poetry post (on John Rueben Thompson's poem about...

Papers for AALS Junior Property Scholars Works-in-Progress Panel

Posted on January 02, 2008
I hope that those of you who are heading to New York will attend the Junior Property Works-in-Progress panel on Sunday morning at 9:00 a.m. The two papers being presented are now available for download if you want to read...

Private Road Act Litigation

Posted on January 02, 2008
Pennsylvania has a Private Road Act that allows owners of landlocked parcels to condemn a private road for access to a nearby public road. The Pennsylvania courts have interpreted the Private Road Act as requiring a degree of necessity that...

Panel on Eminent Domain Reform

Posted on January 02, 2008
For those of you who are going to be in NY this week, Ilya Somin has organized a panel Friday morning on eminent domain reform at the Federalist Society's parallel conference. Ben Barros [Comments are held for approval, so there...

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