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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

Happy St. Patrick's Day 2011

Posted on March 17, 2011
[This is a reprise of last year's St. Pat's post, plus a picture from 2011--MJF] Now it's time to try and make a land use-related post about St. Patrick's Day. First of all, the legend of St. Patrick has it...

White on Trust, Expert Advice, and Realtor Responsibility

Posted on March 16, 2011
Brent T. White (Arizona) has posted Trust, Expert Advice, and Realtor Responsibility, forthcoming in the Real Estate Law Journal. The abstract: Real estate agents benefit from the trust associated with portraying themselves as real estate experts, yet are generally not...

Rehearing--and panel discussion--on Texas Open Beaches Act

Posted on March 16, 2011
Late last week, the Texas Supreme Court granted a rehearing in Severance v. Patterson, the case decided last November holding that the Texas Open Beaches Act does not establish a public easement for dry-sand beach access without proof of dedication,....

Fried on Nozick's Theory of Property Rights

Posted on March 16, 2011
Barbara H. Fried (Stanford) has posted Does Nozick Have a Theory of Property Rights? The abstract: In the almost forty years since Anarchy, State and Utopia has appeared, Nozick's libertarian theory of property rights, laid out in Part II of...

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Nolon on the Practically Grounded Conference on teaching land use

Posted on March 15, 2011
[This is a guest post from Prof. John Nolon about a very exciting upcoming conference--MJF] Practically Grounded ? Embracing Skill and Values Teaching in Land Use, Environmental, and Sustainable Development Law Classes By Professor John Nolon, Land Use Law Center...

Dyal-Chand on Useless Property

Posted on March 15, 2011
Rashmi Dyal-Chand (Northeastern) has posted Useless Property. The abstract: In his exposition of an economic theory of property rights, Harold Demsetz reinforced a foundational assumption in property law: that private ownership is the best way to harness resources for wealth-building...

Salkin on Backyard Chickens

Posted on March 15, 2011
I must admit that whenever I see an announcement of a new article by Prof. Patricia Salkin (Albany), I make sure to do a thorough check of the blog archives because she is so prolific (putting the rest of us...

Building Codes & the Quake

Posted on March 14, 2011
The news seems to get worse from Japan as the Death Toll Estimate Soars. But it's still true that things could have been even worse if it had not been for Japan's careful land and development planning. As James Glanz...

Aerotropolis, the next Manhattan?

Posted on March 14, 2011
As a nice (or sad) comparison to Cleveland's EcoVillage, Salon.com has posted an except from John Kasarda and Greg Lindsay's new book entitled "Aerotropolis, The Way We'll Live Next." The authors' forecast of thriving cities to come revolves around ....

Rule on Airspace in a Green Economy

Posted on March 14, 2011
Troy A. Rule (Missouri) has posted Airspace in a Green Economy. The abstract: The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number...

Cleveland's Ecovillage

Posted on March 12, 2011
Dennis Keating (Clevland State) and Wendy Kellogg (Cleveland State-Urban Affairs) have posted Cleveland's Ecovillage: Green and Affordable Housing Through a Network Alliance. The article offers a case study of EcoVillage, a transit-oriented affordable housing project in the Detroit Shoreway neigborhood...

In With the Local, Out With the National...

Posted on March 10, 2011
As someone who lives just a couple hours from Atlanta and frequently visits the city, I pay close attention to many of its signature projects, including Atlantic Station. Recently, the massive former brownfield site was sold and the new owners...

Salkin and Nolon on Sustainable Development and Climate Change for Planners and Attorneys

Posted on March 10, 2011
Patricia Salkin (Albany) and John Nolon (Pace) have posted Integrating Sustainable Development Planning and Climate Change Management: A Challenge to Planners and Land Use Attorneys, published in Planning and Environmental Law, Vol. 63, p. 3, March 2011...

Congress for the New Urbanism (CNU) Announces Charter Awards

Posted on March 10, 2011
Some very thoughtful projects have been named CNU's Charter Award Winners. The big winner was "South Coast Rail Economic Development & Land Use Corridor Plan" by Goody Clancy in Boston, MA (see image below). The plan provides for "economic development...

Happy Anniversary Mashpee...

Posted on March 09, 2011
Mashpee Commons near Cape Cod represents one of the great sprawl retrofit efforts where a dying strip mall was transformed into a lively main street setting. Granted, not all is perfect and it did require amazing feats of regulatory flexibility...

Rosser on Carbon Offsets

Posted on March 09, 2011
It was great to have the chance at ALPS to get a preview of a work-in-progress by Ezra Rosser (American). In his talk, "The Limits of (Progressive) Property," Ezra articulated the reasons for his pessimism about property law as a...

Land Use at ALPS, part III

Posted on March 08, 2011
I've already blogged about the ALPS conference in general, but I want to make sure that all of the land use-related papers from Day 2 get mentioned here, because if you are interested, you should keep your eyes out for...

Vermont Clinic Victory in Groundwater Case

Posted on March 08, 2011
From Teresa Clemmer at Vermont Law's Environmental and Natural Resources Law Clinic: The ENRLC is very pleased to announce that it has prevailed on summary judgment in the Vermont Environmental Court after three years of litigation concerning groundwater contamination at...

33,000 SROs in NYC go for cheap!

Posted on March 08, 2011
Following that long drawn-out blog I just posted, I thought I would post a short, sweet story about an old SRO law in NYC that allows people to request a lease from the landlord. Once the lease is requested, the...

How do you feel about the federal government controlling housing?

Posted on March 08, 2011
On Friday, the federal government assumed control over the Philadelphia Housing Authority. For months, The Inquirer in Philadelphia had been reporting about corruption and mismanagement in the Housing Authority's finances, including "$38.3 million in legal expenditures since 2007...

Kotkin on the Protean Future of American Cities and growth at the edge

Posted on March 08, 2011
Joel Kotkin has another "New Geographer" column at Forbes challenging some prevailing attitudes about urbanism, using some early Census data. From The Protean Future of American Cities: The ongoing Census reveals the continuing evolution of America?s cities from small urban...

New Heights for ALPS!

Posted on March 07, 2011
Saturday was the second and final day of the 2nd Annual Meeting of the Association for Law, Property and Society at Georgetown. Last year's inaugural offered such terrific exchanges as to fully justify Matt's enthusiastic posts leading into this year's...

The Great American (Rental) Dream...

Posted on March 07, 2011
The idea that a mortgaged house represents the pinnacle of the American dream is flawed on many levels. Not the least of which is that there is a certain economic reality which requires real equity in order to justify making...

Land Use at ALPS, part I

Posted on March 07, 2011
Well, it was a great weekend at the Association for Law, Property, & Society. Thanks so much to Robin Paul Malloy, the other organizers, and Syracuse and Georgetown for sponsoring the event. ALPS has very quickly become *the* place to...

Land Use at ALPS, part II

Posted on March 07, 2011
As I mentioned and as Jim also noted, the ALPS conference was great; my objective here is to list some of the afternoon first-day panels that blog readers might be interested in thinking about and watching for the articles. So...

Weekend Break...

Posted on March 06, 2011
Have an extra 10 minutes this Sunday? If so, check out Episode 1 of American Makeover: Sprawlanta. A fascinating look at the South's leading city and one that is working hard to re-define itself. Chad Emerson

Before Mountain Top Removal . . . Historic Designation Removal

Posted on March 05, 2011
NPR this evening featured a story about a dispute in West Virginia over the preservation of Blair Mountain, site of a 1921 miner uprising that claimed the lives of 100 men. Massey Energy, owner of the mine that claimed the...

Cool New Tool...

Posted on March 04, 2011
If you like webtools that shed light on different land use issues and trends, then the Atlas of Urban Expansion looks to be a good one: The Atlas of Urban Expansion provides the geographic and quantitative dimensions of urban expansion...

Smart Growth in Iowa Survives (for now)

Posted on March 04, 2011
When I first moved to Des Moines, I was pleased to read about a new and progressive Smart Growth law passed by the legislature (begins at Section 17 in the link). The law provided for a host of Smart Growth...

Suburban Myths...

Posted on March 03, 2011
This recent Washington Post column makes the argument that the Great American Suburb is really misunderstood (or at least mis-defined): But today, the suburbs aren't what they used to be. Since more than 50 percent of Americans live in them,...

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