Real Estate & Property Law

Petitioner's Reply Brief in Stop the Beach . . .

Posted on November 09, 2009
is now available online. All of the briefs in the case, including amicus briefs, can be found here (scroll down). Ben Barros [Comments are held for approval, so there will be some delay in posting]

Vermont Takings Conference

Posted on November 09, 2009
I'm back from the Regulatory Takings conference that was held at Vermont Law School last Friday. I had a great time and learned a lot. Thanks to John Echeverria and everyone at VLS for organizing the event. Ben Barros [Comments...

Akee on Property Institutions and Efficiency in Housing Markets

Posted on November 04, 2009
The May issue of the Journal of Law and Economics has an article by Randall Akee (Tufts University) titled Checkerboards and Coase: The Effect of Property Institutions on Efficiency in Housing Markets (free download for subscribers only). Here's the abstract:...

Property Visitors Wanted

Posted on November 03, 2009
The University of San Francisco and Gonzaga are both seeking property visitors for parts of the 2010-11 school year. Here's the info: USF: The University of San Francisco School of Law is seeking a visitor to teach Property and Trusts...

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Salkin on Land Use Ethics

Posted on November 01, 2009
Patricia Salkin (Albany) has posted 2009 Ethical Considerations in Land Use on SSRN. Here's the abstract: This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation,...

Saxer on Property and Speech

Posted on October 31, 2009
Shelley Ross Saxer (Pepperdine) has posted A Property Rights View: Commentary on Property and Speech by Robert A. Sedler on SSRN. Here's the abstract: This Article, published as part of a Symposium on ?The Rehnquist Court and the First Amendment,?...

Tate on Assignability of Charitable Trust Enforcement Rights

Posted on October 31, 2009
Joshua C. Tate (SMU) has posted Should Charitable Trust Enforcement Rights Be Assignable? on SSRN. Here's the abstract: In recent years, scholars have given much attention to the problem of charitable trust enforcement. Departing from the common law, section 405(c)...

Rosser on Indians and Judicial Humility

Posted on October 30, 2009
Ezra Rosser (American University) has posted Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property Law Lens on SSRN. Here's the abstract: Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court and...

Saxer on Eminent Domain and First Amendment Land Uses

Posted on October 30, 2009
Shelley Ross Saxer (Pepperdine) has posted Eminent Domain Actions Targeting First Amendment Land Uses on SSRN. Here's the abstract: This Article explores constitutional and statutory limitations on land use regulations where First Amendment rights are implicated...

Bennett's Bibliography on Condos

Posted on October 29, 2009
Donna S. Bennett (Northern Kentucky) has posted Condominium Homeownership: A Selected Annotated Bibliography of Legal Sources on SSRN. Here's the abstract: Following a brief historical sketch of the condominium concept, this bibliography focuses on the development and growth of condominium...

Tyler and Markell on Evaluating Land Use Procedures

Posted on October 01, 2009
Tom Tyler (NYU/Dep't of Psychology) and David L. Markell (Florida State) have posted The Public Regulation of Land Use Decisions: Criteria for Evaluating Alternative Procedures on SSRN. Here's the abstract: In this article we argue for an empirical governance approach...

Stop the Beach Oral Arguments Set . . .

Posted on September 30, 2009
for Wednesday, December 2. Respondents' merits briefs and supporting amicus briefs should be on-line soon; I will link to them as soon as they turn up. Ben Barros [Comments are held for approval, so there will be some delay in...

Salzberg on De Donis

Posted on September 30, 2009
Kenneth Salzberg (Hamline) has posted De Donis on SSRN. Here's the abstract: For many hundreds of years, starting at least in the 12th Century, many owners of land granted the land to new owner 'and the heirs of his body'...

Nelson on Virtual Property and the Rule of Capture

Posted on September 29, 2009
John William Nelson (Samford/East Anglia) has posted Fiber Optic Foxes: Virtual Objects and Virtual Worlds Through the Lens of Pierson V. Post and the Law of Capture on SSRN. Here's the abstract: Virtual worlds are more successfully blurring the lines...

Bronin on Solar Rights and Modern Lights

Posted on September 29, 2009
Sara C. Bronin (U Conn) has posted two related articles on SSRN. The first is Solar Rights: The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine...

Attention Junior PropertyProfs

Posted on September 29, 2009
AALS Property Law Section Junior Scholars Works in Progess Call For Papers The AALS Property Law Section invites junior property scholars to submit works-in-progress for a junior scholars panel at the upcoming AALS Annual Meeting in New Orleans. The panel...

Rule on Allocation of Wind Rights

Posted on September 28, 2009
Troy A. Rule (Missouri) has posted A Downwind View of the Cathedral: Using Rule Four to Allocate Wind Rights on SSRN. Here's the abstract: The rapid pace of U.S. wind energy development is generating a growing number of conflicts over...

Land Use Prof Blog

Posted on September 28, 2009
The Land Use Prof Blog has been re-launched with a new group of editors. Check it out! Ben Barros [Comments are held for approval, so there will be some delay in posting]

Serkin on Private Conservation Easements and Public Land

Posted on September 27, 2009
Christopher Serkin (Brooklyn) has posted Entrenching Environmentalism: Private Conservation Easements Over Public Land on SSRN. Here's the abstract: This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can...

Roark on Fixtures

Posted on September 26, 2009
Marc Lane Roark (La Verne) has posted Defining Fixtures in Law and Policy in the UCC on SSRN. Here's the abstract: This article offers both a concession and a critique. The article concedes that the law of fixtures under the...

Lefcoe on Curbing Opportunistic TIF-Driven Economic Development

Posted on September 25, 2009
George Lefcoe (USC) has posted After Kelo, Curbing Opportunistic TIF-Driven Economic Development: Forgoing Ineffectual Blight Tests; Empowering Property Owners and School Districts on SSRN. Here's the abstract: When economic development or urban redevelopment is funded by tax increment financing (TIF),...

Blumm on the Public Trust Doctrine

Posted on September 24, 2009
Michael C. Blumm (Lewis & Clark) has posted The Public Trust Doctrine: A Twenty-First Century Concept on SSRN. Here's the abstract: This article briefly surveys the evolution of the public trust doctrine in 19th and 20th century America and discusses...

Fincham on Museum Deaccession

Posted on September 24, 2009
Derek Fincham (Loyola New Orleans) has posted Navigating the Deaccessioning Crisis on SSRN. Here's the abstract: A deaccession crisis confronts the American Museum community. Deaccession of art occurs when a museum decides to sell or dispose of a work of...

Rule on Solar Access Laws

Posted on September 23, 2009
Troy A. Rule (Missouri) has posted Shadows on the Cathedral: Solar Access Laws in a Different Light on SSRN. Here's the abstract: Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To...

Nelson on Virtual Property

Posted on September 23, 2009
John William Nelson (Samford/East Anglia) has posted The Virtual Property Problem: What Property Rights in Virtual Resources Might Look Like, How They Might Work, and Why They are a Bad Idea on SSRN. Here's the abstract: ?Virtual property? is a...

Of Roosters and Pit Bulls

Posted on September 23, 2009
Two articles caught my eye today, both on the topic of limiting animals in residential areas. The LA Times reports that the Los Angeles City Council passed a law yesterday that caps the number of roosters per parcel of private...

Nash and Stern on Property Frames

Posted on September 22, 2009
Jonathan Remy Nash (Emory) and Stephanie Stern (Chicago-Kent) have posted Property Frames on SSRN. Here's the abstract: How can we most effectively weaken property rights? Property law confronts circumstances where owner?s excessive perceptions of their ownership rights impose social costs,...

Salzberg on Confusions of Title and Value in Property Law Legislation

Posted on September 22, 2009
Kenneth Salzberg (Hamline) has posted Zombie Life Estates, Ghost Value Transfers, and Phantom Takings: Confusions of Title and Value in Property Law Legislation on SSRN. Here's the abstract: This paper addresses a number of problems in current legislation and regulations...

Merrill on Accession and Original Ownership

Posted on September 21, 2009
Thomas W. Merrill (Yale) has posted Accession and Original Ownership on SSRN. Here's the abstract: Although first possession is generally assumed to be the dominant means of establishing original ownership of property, there is a second but less studied principle...

McLaughlin on Land Trusts and Biodiversity

Posted on September 21, 2009
Nancy A. McLaughlin (Utah) has postedThe Role of Land Trusts in Biodiversity Conservation on Private Lands on SSRN. Here's the abstract: This short article explores the role land trusts and conservation easements can play in the protection of biodiversity on...

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