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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

Banks struggling with glut of foreclosures

Posted on December 22, 2010
Most banks were not prepared to foreclose and own hundreds-of-thousands of properties. The housing bust required a range of mass-scale foreclosure and re-sale processes unfamiliar to these lenders and mistakes soon followed. National media reported on notary fraud and other...

More on Big Boxes Getting Smaller...

Posted on December 22, 2010
This trend appears to be picking up speed as 1) urban markets remain relatively undeveloped for many big boxes, 2) zoning laws continue to restrict new mega-sized buildings, and 3) same store sales remain relatively flat even for newer big...

Swiss Billionaire Buys Montana Land

Posted on December 22, 2010
Last week my dad sent me a link to this article, about Hansjorg Wyss, a wealthy maker of medical devices, and his campaign to buy and conserve up to one million acres in the mountain west. In an exclusive interview...

Reminder - Smart Growth Conference Coming Soon

Posted on December 21, 2010
A reminder from the folks at EPA: The 10th annual New Partners for Smart Growth: Building Safe, Healthy and More Livable Communities Conference in Charlotte, NC is right around the corner ? February 3-5 in fact! This is the largest...

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Iglesias on State & Local Regulation of Affordable Housing

Posted on December 20, 2010
Tim Iglesias (San Fransisco) sends word that he has posted State and Local Regulation of Particular Types of Affordable Housing, forthcoming in The Legal Guide to Affordable Housing Development, Tim Iglesias & Rochelle E. Lento, eds. (American Bar Ass'n 2011)...

Conservation Easements - The view from the other side

Posted on December 20, 2010
The common law has long encouraged the use and development of land. This policy favoring land use and development certainly made sense during America's infancy, when the country boasted seemingly inexhaustible stretches of land. But today you cannot find property...

More from New China Ghost Towns...

Posted on December 18, 2010
I've blogged on this before but these additional images from the new town in China that is essentially empty is pretty stark. Check it out here. Chad Emerson, Faulkner.

New Urban Pioneer...

Posted on December 17, 2010
...Vince Graham presents an interesting summary of this land use and planning movement in this video

Rocky Mountain Land Use Institute 2011 Conference

Posted on December 17, 2010
From Fred Cheever at University of Denver: REGISTRATION NOW OPEN ROCKY MOUNTAIN LAND USE INSTITUTE CONFERENCE MARCH 3-4, 2011 UNIVERSITY OF DENVER CAMPUS Register now for early bird rates of: Corporate: $450 Government: $375 Non-Profit: $275 Student: $100 Early bird...

Feudal Land-Use?

Posted on December 17, 2010
Fred Bosselman and David Callies famously characterize land-use in the United States as "a feudal system under which the entire pattern of land development [is] controlled by thousands of individual local governments, each seeking to maximize its tax base and...

Hirokawa & Gonzalez on Regulating Vacant Property

Posted on December 16, 2010
Another one from Keith H. Hirokawa (Albany), with Ira Gonzalez (JD Candidate, Loyola-New Orleans & former Chief of Operations/Code Enforcement, City of Miami): Regulating Vacant Property, from The Urban Lawyer, Vol. 42, No. 3, p. 647 (2010). The abstract: Local...

Walkability = Social Capital

Posted on December 16, 2010
Speaking of the advantages of walkable neighborhoods as opposed to car culture, the USA Today GreenHouse Blog features a study whose findings it characterizes as Walkable Neighborhoods Have Happier People. From the blog: People who live in walkable communities are...

Mortgage Defaults and Car Ownership...

Posted on December 15, 2010
This recent research paper makes the interesting assertion that car ownership and mortgage defaults may have a correlation. That is, the more cars you own, the more likely you are to default. Or, the more you walk, the less likely...

New Book on Teaching Property Law & Race from Brophy, Lopez, and Murray

Posted on December 14, 2010
In the mail this morning, I received a copy of Integrating Spaces: Property Law & Race (Aspen, 2011), by Alfred Brophy (North Carolina), Alberto Lopez (Northern Kentucky), and Kali Murray (Marquette). Here is the description: Integrating Spaces: Property Law and...

WSJ says More Office Jobs going from Suburbs to Downtowns

Posted on December 14, 2010
For decades the trend in most American cities has been one of jobs moving from downtowns to the suburbs. A recent Wall Street Journal piece suggests that this trend may be shifting: Downtowns Get a Fresh Lease: Suburbs Lose Office...

Dreveskracht on Solar Projects and Native American Economic Development

Posted on December 14, 2010
Ryan D. Dreveskracht (LLM, Washington) has posted Native Nation Economic Development Via the Implementation of Solar Projects: How to Make it Work, forthcoming in the Washington and Lee Law Review, Vol. 68. The abstract: This Article examines the issues surrounding...

Hirokawa on Sustainability and the Urban Forest

Posted on December 13, 2010
Keith Hirokawa (Albany) has posted Sustainability and the Urban Forest: An Ecosystem Services Perspective. The abstract: Recently, urban forests have drawn attention due to interest in the idea that urban forests provide essential ecosystem services. Indeed, urban forests provide the...

Glennon & Reeves on Solar Energy's Cloudy Future

Posted on December 13, 2010
Robert Glennon (Arizona) and Andrew M. Reeves (JD candidate, Arizona) have posted Solar Energy's Cloudy Future. The abstract: With governments and environmental groups both clamoring for clean alternatives to fossil fuels, the future of solar energy looks bright...

Land Use Time Machine...

Posted on December 13, 2010
Thanks to Emily Talen for sending along this link to a 1960s APA Report entitled "Neighborhood Boundaries". It's a fascinating read and especially interesting as a tool to compare how land use policy was viewed in 1960 versus how it...

Federal Investigation into Nevada HOAs

Posted on December 12, 2010
Many suspected that local prosecutors delayed an investigation into Las Vegas homeowners associations because of the powerful people potentially involved. High-powered attorneys and former police officers may be implicated in a conspiracy effectuated through a homeowners association...

Intelligent Cities

Posted on December 12, 2010
From the National Building Museum: Intelligent Cities. What makes a city Intelligent? You do. For as long as we have lived in cities we have reflected on their form, feel, and function. From the launch of the first hot air...

Madison Pushes for Skinnier Streets...

Posted on December 11, 2010
Wisconsin's state capital, home to the 2011 Congress for the New Urbanism, is considering the idea of narrowing a key street in the hope that this skinnier street will enhance pedestrian safety: Under the plan endorsed last week by the...

More Marijuana

Posted on December 10, 2010
Marijuana dispensaries are growing like weeds. The recent ABA article, "Up in Smoke," chronicles some of the chronic problems plaguing states that have legalized medical marijuana. This Blog has already noted Kansler and Salkin's article on zoning law and regulation...

Form Based Code Event in Denver...

Posted on December 10, 2010
For all of our Rocky Mountain readers (especially those in Denver), the City of Denver is unveiling more info regarding its large form-based coding effort. The CNU Colorado site has more details. Chad Emerson, Faulkner.

Megacities on the Move Report...

Posted on December 09, 2010
A recent report entitled "Megacities of the Move" offers an interesting look into how people currently--and in the future may--move around and among cities. This topic obviously affects land use and development patterns as the great battle between increased and...

Ostrow on Process Preemption in Federal Siting Regimes

Posted on December 09, 2010
Ashira Ostrow (Hofstra) has posted Process Preemption in Federal Siting Regimes, forthcoming in the Harvard Journal on Legislation, Vol. 48 (2011). The abstract: Historically, land use regulation has been considered a matter of local concern. The federal government left land...

Epstein on Property Rights in Land and Water

Posted on December 08, 2010
Richard A. Epstein (NYU, Chicago, and Stanford--Hoover Institution) has posted Playing by Different Rules? Property Rights in Land and Water, from EVOLUTION OF PROPERTY RIGHTS RELATED TO LAND AND NATURAL RESOURCES, Lincoln Institute, 2010. The abstract: This article examines both...

The 2010 Land Use Bibliography--get on the list!

Posted on December 08, 2010
Patricia Salkin will publish a bibliography of all land use articles from 2010 in the Zoning and Planning Law Handbook for 2011: Professor Patricia Salkin is preparing a comprehensive bibliography of all land use law law review/law journal articles published...

Mitchell, Malpezzi, & Green on Forced Sale Risk: Class, Race, and the "Double Discount"

Posted on December 08, 2010
Thomas W. Mitchell (Wisconsin, Law), Stephen Malpezzi (Wisconsin, Real Estate & Urban Economics), and Richard Green (USC, Lusk Center for Real Estate) have posted Forced Sale Risk: Class, Race, and The 'Double Discount', Florida State University Law Review, Vol...

Dolan on the Salazar cross, historic preservation, and federal land transfers

Posted on December 08, 2010
Mary Jean Dolan (John Marshall-Chicago) has posted P.S. Untold Stories and the Cross National Monument. We've mentioned the land use aspects of the Salazar decision before. Dolan's abstract: This Article offers an interesting post script to the Supreme Court?s Salazar...

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