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Real Estate & Property Law

PropertyProf Blog 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

Recent Entries: 1079

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Property Rights and Avatar

Posted on January 12, 2010
I haven't seen it yet, but apparently Avatar has some strong property/market economy themes. David Henderson has an interesting post on the subject. Ben Barros [Comments are held for approval, so there will be some delay in posting]


Property Bloggers Wanted

Posted on January 11, 2010
I'm seeking one or more people to join me as permanent bloggers here at PropertyProf. If you're interested, please e-mail me at propertyprof@gmail.com. No need to make a permanent commitment right away. Ben Barros [Comments are held for approval, so....


Gonzaga Seeks Property Visitor

Posted on January 11, 2010
Gonzaga University School of Law seeks applicants for one or more full-time visiting positions in Fall 2010 and Spring 2011. The visitorships could be for one or two semesters. Subject areas include Intellectual Property, Professional Responsibility, Property, and Constitutional Law...


Adams on Homeownership

Posted on January 11, 2010
Kristen Adams (Stetson) has posted Homeownership: American Dream or Illusion of Empowerment? on SSRN. Here's the abstract: In this Article, I endeavor to show that because Americans value homeownership so much ? in fact, more than we should ? we...


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Smith on Institutions and Indirectness in Intellectual Property

Posted on January 11, 2010
Henry E. Smith (Harvard) has posted Institutions and Indirectness in Intellectual Property on SSRN. Here's the abstract: Intellectual property rights are controversial because on first glance they present a disjunction between the purposes they serve and the mechanisms they employ...


Peck and Steadham on Land Description Errors

Posted on January 11, 2010
John C. Peck and Christopher L. Steadham (Univ. of Kansas) have posted Land Description Errors: Recognition, Avoidance, and Consequences on SSRN. Here's the abstract: Legal descriptions of land are used in many legal documents, including contracts, deeds, mortgages, and others...


Nolon on Climate Change and Land Use

Posted on January 11, 2010
John R. Nolon (Pace) has posted The Land Use Stabilization Wedge Strategy: Shifting Ground to Mitigate Climate Change on SSRN. Here's the abstract: This article describes how local governments, through the clever application of existing land use techniques, can mitigate...


Claeys Comments on Parchomovsky and Stein's Reconceptualizing Trespass

Posted on January 05, 2010
Eric Claeys (George Mason) has posted The Right to Exclude in the Shadow of the Cathedral: A Response to Parchomovsky and Stein on SSRN. Here's the abstract: This response comments on ?Reconceptualizing Trespass,? by Gideon Parchomovsky and Alex Stein...


Hills and Schliecher on the Costs of Noncumulative Zoning

Posted on January 05, 2010
Rick Hills (NYU) and David Schleicher (George Mason) have posted The Steep Costs of Using Noncumulative Zoning to Preserve Land for Urban Manufacturing on SSRN. Here's the abstract: In cities around the country, huge swaths of property in desirable locations...


Financing Problem With Atlantic Yards?

Posted on December 21, 2009
Amy Lavine of Albany Law's Government Law Center has uncovered an interesting issue regarding the bond financing for the Atlantic Yards project. The Atlantic Yards Report has a detailed post on the issue. Here's a taste: The issue was unearthed...


Selmi on Land Use Regulation by Contract

Posted on December 19, 2009
Daniel P. Selmi (Loyola LA) has posted Land Use Regulation by Contract on SSRN. Here's the abstract: In recent years the use of contracts, known as development agreements, to establish land use regulations has grown rapidly. Both municipalities and development...


Smith on Institutions and Indirectness in Intellectual Property

Posted on December 18, 2009
Henry E. Smith (Harvard) has posted Institutions and Indirectness in Intellectual Property on SSRN. Here's the abstract: Intellectual property rights are controversial because on first glance they present a disjunction between the purposes they serve and the mechanisms they employ...


Adams on Homeownership

Posted on December 18, 2009
Kristen Adams (Stetson) has posted Homeownership: American Dream or Illusion of Empowerment? on SSRN. Here's the abstract: In this Article, I endeavor to show that because Americans value homeownership so much ? in fact, more than we should ? we...


Lehavi on Fennell's Unbounded Home

Posted on December 17, 2009
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted Is Law Unbounded? Property Rights and Control of Social Groupings on SSRN. Here's the abstract: This review essay follows up on a suggested model for resolving problems of...


Epstein on Heller's Gridlock Economy

Posted on December 17, 2009
Richard A. Epstein (Chicago) has posted Heller's Gridlock Economy in Perspective: Why There is Too Little, Not Too Much, Private Property on SSRN. Here's the abstract: This Article critiques Michael Heller?s important contribution in the Gridlock Economy...


Hamilton on the Unconstitutionality of RLUIPA

Posted on December 16, 2009
Marci A. Hamilton (Cardozo) has posted The Constitutional Limitations on Congress's Power Over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act is Unconstitutional on SSRN. Here's the abstract: The purpose of this Article is to bring...


Lavine on Berman v. Parker

Posted on December 16, 2009
Amy Lavine (Albany Law School) has posted Urban Renewal and the Story of Berman v. Parker on SSRN. Here's the abstract: The Supreme Court?s 1954 decision in Berman v. Parker serves as the foundation for much of our modern eminent...


Eminent Domain at the Play Table

Posted on December 16, 2009
Using eminent domain to take legos! With real due process problems. Ben Barros [Comments are held for approval, so there will be some delay in posting]


Peñalver and Katyal's Property Outlaws

Posted on December 11, 2009
Yale University has just published Property Outlaws, by Eduardo M. Peñalver (Cornell) and Sonia K. Katyal (Fordham). Here's the burb from the YUP website: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and...


How Do You Value Damage to a Tree?

Posted on December 09, 2009
Inquiring minds have wanted to know since Tiger Woods hit his neighbor's tree. Christopher Beam explains at Slate. Ben Barros [Comments are held for approval, so there will be some delay in posting]


New York Court Rejects Eminent Domain for Columbia Project

Posted on December 04, 2009
An intermediate appellate court in New York has rejected the use of eminent domain for a project associated with Columbia University. The New York Times has a story on the case, and Ilya Somin comments at the VC. There seems...


New York City Bans Storefront Gates

Posted on December 03, 2009
Just in time for those of you looking for an exam question on regulatory takings, comes this New York Times story on the New York City Council's regulation of storefront gates. But the ban on gates that completely block the...


Of Hotdog Stands and Beach Parties -- Oral Argument in Stop the Beach

Posted on December 02, 2009
The Supreme Court heard oral argument this morning in Stop the Beach Renourishment v. Florida DEP. If you are new to the case, this post summarizes what it at stake. My overall view of the case hasn't changed much after...


Press Stories on Stop the Beach

Posted on November 25, 2009
Yesterday's Washington Post had a great story on the Stop the Beach Renourishiment case by Robert Barnes. The case was also discussed by Ashby Jones at the WSJ Law Blog. Both made my Dean very happy. Ben Barros [Comments are...


NY Court of Appeals Decision in Atlantic Yards Case

Posted on November 25, 2009
The New York Court of Appeals has issued its opinion in the Atlantic Yards case. Unsurprisingly, the court allowed the use of eminent domain to transfer private property to a private developer. Ilya Somin comments at the VC, and the...


Post-Argument Panel on Stop the Beach

Posted on November 23, 2009
From Peter Byrne (Georgetown): When: Wednesday, December 2nd, 12:15 PM Where: Hart Auditorium, Georgetown University Law Center 600 New Jersey Ave., NW, Washington, DC Immediately after oral argument in the Supreme Court, hear advocates discuss Stop the Beach Renourishment, Inc...


Lehavi on Takings and Taxings

Posted on November 18, 2009
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Taking/Taxing Taxonomy on SSRN. Here's the abstract: Takings jurisprudence is engaged in a constant paradox. It is conventionally portrayed as chaotic and ?muddy,? and yet attempts by...


Testing Theory on Property Exams

Posted on November 13, 2009
Does anyone offer a "pure" theoretical question on their property exam. This semester I assigned 88 pages out of Commodity and Propriety to force students to undertake careful reading in a different context other than cases. So we have weaved...


More on Pfizer's Pull Out From New London . . .

Posted on November 13, 2009
From the New York Times, and at the Times' Room For Debate blog. Also, Tim Iglesias left this excellent comment to the last post on this subject: In all of the analysis and judgment cited concerning the failure of the...


Pfizer Pulls Out of New London

Posted on November 10, 2009
Pfizer is closing its New London facility. The takings in Kelo v. New London seem more and more pointless every day. Various folks in the blogosphere comment: Will Baude, Ilya Somin, Jacob Sullum, Gideon Kanner. Ben Barros [Comments are held...


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