Real Estate & Property Law

Bromley on Land Formalization

Posted on June 30, 2008
The Journal of Land Use Policy has an article in press by Daniel W. Bromley (Wisconsin, Applied Economics) called Formalising Property Relations in the Developing World: The Wrong Prescription for the Wrong Malady. I can't find a link now, but...

Psychology of Heirlooms

Posted on June 26, 2008
I've been doing a lot of thinking lately about people's psychological relationships with their property. On this subject, today's NY Times has a fascinating story about family heirlooms and the complex feelings that they generate. Ben Barros Photo from Wikicommons...

Heller and the Home

Posted on June 26, 2008
I just skimmed through the Supreme Court's decision in D.C. v. Heller. I was struck by how narrow the opinion is, and how much it is focused on self defense in the home. We talk a lot about homes here...

Time and Family Property

Posted on June 26, 2008
Because here at propertyprof we sometimes talk about how mere passage of time confers a certain dignity on property, however insignificant it started out, I thought you'd find this article from the New York Times of some amusement: it's advice...

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Two from Smith

Posted on June 26, 2008
Henry E. Smith (Yale) has posted two new articles on SSRN. Community and Custom in Property Community custom has played a limited but important role in the law of property. In addition to a few major historic examples such as...

Dagan on Just and Unjust Enrichments

Posted on June 24, 2008
Hanoch Dagan (Tel Aviv) has posted Just and Unjust Enrichments on SSRN. Here's the abstract: In exploring the most fundamental question in restitution theory of what separates just from unjust enrichments, this essay undertakes three interconnected missions...

Justice Alito and Property Rights

Posted on June 23, 2008
Lyle Denniston at Scotusblog notes that Justice Alito took the unusual step of noting that he would have voted to grant cert in Goldstein v. Pataki, the public use case involving the Atlantic Yards development in Brooklyn. As Ilya Somin...

Should Homes Be Given Extra Protection From Eminent Domain?

Posted on June 23, 2008
I was facing a grading deadline and missed this when it came out, but Eduardo Penalver and Ilya Somin had an interesting blogospheric discussion about whether homes should be given additional protection from eminent domain relative to other types of....

Third Anniversary of Kelo

Posted on June 23, 2008
Duly noted by Ilya Somin at the VC. Ilya argues, among other things, that Kelo was an improvement on Berman and Midkiff. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Specific Performance of the Seattle Sonics' Lease

Posted on June 22, 2008
Out in Seattle Judge Marsha Pechman (W.D. Wash) has been conducting a trial over whether the Seattle Sonics must abide their lease with of the city's KeyArena for the next two years or whether they can move immediately to their...

Rose on Public Infrastructure and Environmental Resources

Posted on June 20, 2008
Carol M. Rose (Arizona) has posted Big Roads, Big Rights: Varieties of Public Infrastructure and Their Impact on Environmental Resources on SSRN. Here's the abstract: Two types of public infrastructure-roads and property rights-are often thought critical to economic development; this...

Parent on Takings Constraints

Posted on June 20, 2008
Colin P. Parent (DLA Piper) has posted Takings Constraints: Mechanisms to Minimize the Uncompensated Increment and Limit the Government's Power to Take Property on SSRN. Here's the abstract: The breadth of takings scholarship has left useful ideas diluted amongst an...

Holdouts and Personal Values

Posted on June 20, 2008
Eduardo Penalver highlights a great story about a woman in Seattle who refused to sell out to private developers. The story features a great holdout photo of the woman's home surrounded by new development. Ben Barros [Comments are held for...

Who Owns Jefferson's Grave?

Posted on June 19, 2008
This ranks right up there with Who's Buried in Grants Tomb! In light of the controversy over access to Jefferson's grave, which I've been following and gotten involved in a little bit, I now have a question that's worthy of...

The Governance of Gramercy Park

Posted on June 19, 2008
This morning's New York Times brings a story about the governance of Gramercy Park--which is so strict that few people use it. Shades of Poe's The Domain of Arnheim?! Ah, what would Thomas Jefferson have to say about this (or...

GELPI Takings Conference Save-The-Date

Posted on June 18, 2008
I recently received this notice from GELPI: On November 6-7, 2008, the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center and Stanford Law School?s Environmental and Natural Resources Law & Policy Program will host the 11th Annual...

New PLF Blog on The Endangered Species Act

Posted on June 17, 2008
This is outside of my main area of interest, but those of you interested in environmental issues might want to check out the Pacific Legal Foundation's new blog on the ESA. The PLF folks, of course, have a clear agenda,...

Epstein on Kelo

Posted on June 17, 2008
Richard A. Epstein (Chicago) has posted Public Use in a Post-Kelo World on SSRN. Here's the abstract: The aftermath of Kelo gives rise to urgent land use issues, both theoretical and historical. On the former, I argue that the analysts...

Penalver on the Ambiguities of Gentrification

Posted on June 17, 2008
Over at Prawfs, Eduardo Penalver has a great post on gentrification. Eduardo's post is reacting to a story from the NY Times on gentrification in Harlem. Ben Barros [Comments are held for approval, so there will be some delay in...

Landlord Conversion of 20-unit Building Into Private Residence

Posted on June 17, 2008
Over at the Co-op, Frank Pasquale has an interesting post on a NYC dispute featuring a landlord who is trying to convert a 20-unit building into a private residence. Ben Barros [Comments are held for approval, so there will be...

Marcello on Community Benefit Agreements

Posted on June 16, 2008
David Marcello (Tulane) has posted Community Benefit Agreements: New Vehicle for Investment in America's Neighborhoods on SSRN. Here's the abstract: Community Benefit Agreements (CBAs) are a relatively new feature of the land use planning process for major public-private developments...

Scarborough on Property Purchase v. Payment in Kind in Taxation of Property Exchanges

Posted on June 16, 2008
Robert H. Scarborough (Freshfields Bruckhaus Deringer) has posted Property Purchase or Payment in Kind? The Oxford Paper Conundrum on SSRN. Here's the abstract: If a taxpayer undertakes an obligation or assumes a liability in exchange for property, how is the...

McLaughlin on Eminent Domain, Open Space, and Electric Transmission Corridors

Posted on June 16, 2008
Nancy A. McLaughlin (Utah) has posted Condemning Open Space: Making Way for National Interest Electric Transmission Corridors (or Not) on SSRN. Here's the abstract: The Energy Policy Act of 2005 authorizes the Secretary of Energy to "designate any geographic area...

Chopping down trees that are monuments

Posted on June 13, 2008
This story of trees carved by GIs during World War II being cut down is heart-breaking. I'm sorry to see trees--especially ones that are monuments--cut down. Alfred Brophy

Griffey Baseball Dispute

Posted on June 09, 2008
Looks like we might have another case about everyone's favorite fugitive resource. From CNN.com: Controversy ensued in the stands following the home run. Justin Kimball, a 25-year-old from Miami, said he caught the home run ball, put it in a...

Demsetz on Frischmann and Toward a Theory of Property Rights

Posted on June 06, 2008
The newest issue of the Review of Law and Economics includes an essay by Harold Demsetz (UCLA) titled Frischmann?s View of ?Toward a Theory of Property Rights?. Here's the abstract: In this brief article, Professor Harold Demsetz defends his seminal....

Ostrow on Judicial Review and RLUIPA

Posted on June 05, 2008
Ashira Ostrow (Hofstra) has posted Judicial Review of Local Land Use Decisions: Lessons from RLUIPA on SSRN. Here's the abstract: This Article questions whether traditional judicial deference to local land use regulators is justified in light of the highly discretionary,...

Albany Seeking PropertyProf

Posted on June 03, 2008
ALBANY LAW SCHOOL invites applications for three or more tenure-track positions beginning in the fall of 2009. Appointment will be made at the assistant, associate or full professor level, depending on experience. While exceptionally talented applicants will be considered regardless...

Penalver on Land Virtues

Posted on June 02, 2008
Eduardo M. Penalver (Cornell) has posted Land Virtues on SSRN. Here's the abstract: This article has two goals. First, I explore some of the descriptive and normative shortcomings of traditional law and economics discussions of the ownership and use of...

McLaughlin on Condeming Conservation Easements

Posted on June 02, 2008
Nancy A. McLaughlin (Utah) has posted Condemning Conservation Easements: Protecting the Public Interest and Investment in Conservation on SSRN. Here's the abstract: The public is investing substantial financial and other resources in conservation easements and the conservation and historic values...

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