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Real Estate & Property Law

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

Robust Housing Markets

Posted on March 17, 2011
Tim Zinnecker, blogging at the Faculty Lounge, has drawn attention to Builder Online's ranking of the 20 healthiest housing markets in the country. Here's the top five: 1. Raleigh - (NC) 2. Austin - (TX) 3. Durham - (NC) 4....

Rule on Disputes Over Airspace

Posted on March 17, 2011
Troy Rule (Missouri) has posted Airspace in a Green Economy on SSRN. Here's 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...

Honolulu Moves the Homeless

Posted on March 16, 2011
Honolulu's stuggle to balance the needs of its homeless population against the needs of its tourist economy has drawn national attention again. The Hawaii Community Development Authority has given the 100 homeless residents of Kakaako until 1 pm today to...

The Rise of the Ethnoburbs

Posted on March 15, 2011
Timothy Egan, writing for the N.Y. Times, traces the increasing importance of the Ethnoburb--an entire city dominated by a non-white ethnic group: [The Ethnoburbs] are suburban in look, but urban in political, culinary and educational values, attracting immigrants with advanced...

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Eagle on the Public Use Doctrine

Posted on March 15, 2011
Steven Eagle (George Mason) has posted Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration (Fordham Urban Law Journal) on SSRN. Here's the abstract: This article analyzes the development of eminent domain law, focusing...

Watching in Sorrow and Horror

Posted on March 15, 2011
As I suspect many of you have been, I have been riveted watching the disaster in Japan this week. The horror is so overwhelming, and the sorrow so immense, that it is difficult to think rationally about the long term...

A Delightful Video of Found Property

Posted on March 14, 2011
I suppose you could use this video to illustrate the difficulty of identifying lost, mislaid, and abandoned property. But, in reality, I'm posting this because it gives me warm and fuzzy feelings all over: The charming follow-up is here. And...

Lee on the Aftermath of Kelo

Posted on March 14, 2011
Patricia Hureston Lee (West Virginia) has posted In the Aftermath of Kelo v. New L ondon, a Resurrection in Norwood: One Public Interest Attorney's View (Western New England Law Review) on SSRN. Here's the abstract: Three months before residents of...

Salkin on Backyard Chickens

Posted on March 14, 2011
I am a big fan of backyard chickens (conceptually -- I don't actually own any chickens. yet.) So I was pleased to see Patricia Salkin's (Albany) posting to SSRN entitled "Feeding the Locavores, One Chicken at a Time: Regulating Backyard...

Rodwin on the Trouble with Patient Data as Private Property

Posted on March 13, 2011
Marc Rodwin (Suffolk) has posted Patient Data: Property, Privacy, and the Public Interest (American Journal of Law and Medicine) on SSRN. Here's the abstract: In this article, I argue that treating patient data as private property precludes forming comprehensive databases...

$99/week Apartment on Upper West Side

Posted on March 11, 2011
As a former New Yorker, I tend to read stories like this with a mix of envy and disgust at the bizarre quirks in NYC landlord-tenant law. On the other hand, as a current resident of central PA, I'm glad...

Defending the 30 Year Fixed Rate Residential Mortgage

Posted on March 11, 2011
[The following was published in Huffington Post on March 9th] The New York Times ran a story earlier this week suggesting that if Fannie Mae and Freddie Mac cease to exist, the 30-year fixed-rate residential mortgage loan would become a...

What Property Hiring Can Learn From Squash

Posted on March 10, 2011
Here's a question I've been mulling over: Why don't more American law schools consider hiring an international scholar when they look for new property professors? Unlike other subjects on the law school curriculum, there's still a ton of overlap between...

Schwartz and Scott on the Good Faith Purchase of Stolen Goods

Posted on March 10, 2011
Alan Schwatrz (Yale) and Robert Scott (Columbia) have posted Rethinking the Laws of Good Faith Purchase (Columbia Law Review) on SSRN. Here's the abstract: This article is a comparative economic analysis of the disparate doctrines governing the good faith purchase...

The Future of Housing Finance in the U.S.

Posted on March 09, 2011
The New York Times is running a 'Room for Debate' segment on the future demise of Fannie Mae and Freddie Mac. Adam Levitin, who in my opinion has been one of the sharpest analysts of the crisis for quite some...

Madoff on Immortality and the Law

Posted on March 09, 2011
I took the Megabus to DC for last weekend's ALPS conference, which gave me the opportunity to catch up on some reading, including a great 2010 book by Ray D. Madoff (Boston College) entitled Immortality and the Law: The Rising...

Dyal-Chand on Demsetz and Emerging Property Rights

Posted on March 09, 2011
Rashmi Dyal-Chand (Northeastern) has posted Useless Property (Cardozo Law Review) on SSRN. Here's 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...

A Slideshow of Abandoned Mines

Posted on March 08, 2011
From Slate: As early as the 1920s, road trippers headed "out West" to explore the ruins of America's boom-and-bust 19th-century gold rush. Alongside successful mines, towns sprang up in the middle of nowhere in a matter of months and many...

Hundreds of foreclosures halted in Oregon

Posted on March 08, 2011
Perhaps -- perhaps -- the tide is finally turning in the foreclosure crisis: courts are actively preventing unlawful foreclosures (Florida excepted). I think that's a very, very good thing, because (1) I have a soft spot for the rule of...

The Supreme Court and RLUIPA

Posted on March 08, 2011
Earlier in the year, the Supreme Court denied cert on yet another case involving the land use provisions of RLUIPA (Religious Land Use and Institutionalized Persons Act). For the uninitiated, the land use portion "protects places of worship and other...

Marsh on the Commercial Real Estate Debt Crisis (again)

Posted on March 07, 2011
I have posted Too Big to Fail vs. Too Small to Notice: Addressing the Commercial Real Estate Debt Crisis on SSRN. (This is the bigger article that I teased earlier.) I have directed this article to policymakers and scholars, but...

More on ALPS

Posted on March 07, 2011
The Association of Law, Property, and Society conference this weekend was fabulous! A few thoughts: 1. As Steve mentioned, the papers presented by the diverse group of participants were thought-provoking. There was something for everyone at this conference, and I...

Hylton on Property Rules and Tort Law Theory

Posted on March 06, 2011
Keith Hylton (Boston U.) has posted Property Rules and Defensive Conduct in Tort Law Theory (Journal of Tort Law) on SSRN. Here's an abstract: What role does defensive conduct play in a utilitarian theory of tort law? Why are rational...

Association for Law, Property, and Society Papers

Posted on March 05, 2011
For anyone that couldn't make it to the conference, here's a list of the papers that are being presented. This get together really is terrific. Steve Clowney [Comments are held for approval, so there will be some delay in posting]

Who Owns Our Helium?

Posted on March 03, 2011
Here's a little known property fact: Twelve miles northwest of Amarillo, Texas, the federal government has a storage facility that houses a billion cubic feet of (federally owned) helium gas. Congress established the federal helium reserve in 1925 as a...

ALPS on the horizon

Posted on March 02, 2011
My top three concerns heading into the ALPS conference, for which I leave way too early tomorrow: (1) will be revealed as idiot during panel (estimated probability: 33%); (2) will spill food on others (estimated probability: 48%); (3) will have...

Cemeteries, Land Use, and Cultural Differences

Posted on March 02, 2011
As readers of this blog may recall, one of my main research interests is the law of cemeteries and the relationship between the law, custom, and commercial interests in determining how Americans dispose of our remains. I am fortunate enough...

Vernon, California -- An All-Business Town

Posted on March 02, 2011
The New York Times has an interesting story today about Vernon, California, a municipality in Los Angeles County that has only 95 residents and 1,800 (mostly industrial) businesses. The human residents (and sole voters) live in small homes, all of...

Recent SSRN Downloads

Posted on March 01, 2011
In honor of the beginning of the month, here are the most downloaded property articles over the last 60 days. 1. [871 downloads] Mortgage Servicing by Adam J. Levitin (Georgetown) and Tara Twomey (National Consumer Law Center) 2. [296 downloads]...

Anarchy in the Sky

Posted on March 01, 2011
A New York Times video on what happens when 2500 squatters take over a 45-story skyscraper. Steve Clowney

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