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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

Who Owns Meteorite, the Landlord or the Tenant?

Posted on February 03, 2010
A meteorite crashes through the roof of a commercial office building. Who owns it, the landlord or the tenant? According to this story, it may be that the landlord has a better claim. However it turns out, it sure is...

Who Owns "Who Dat"?

Posted on February 03, 2010
A controversy is brewing over the ownership of the phrase "Who Dat?", which is chanted by fans of the New Orleans Saints football franchise (shortened from the cheer "Who dat say dey gonna beat dem Saints?"). In light of the...

Property in the Human Body and the Case of Henrietta Lacks

Posted on February 02, 2010
It's been a while since we blogged about property in human body parts. There is an interesting story in today's Slate about the case of Henrietta Lacks, which has some strong connections to Moore v. Regents. The story is inspired...

"The age of suburbanization . . . is over"

Posted on February 02, 2010
So says John K. McIlwain, Senior Resident Fellow and J. Ronald Terwilliger Chair for Housing at the Urban Land Institute. You can find a synopsis of his predictions for the American housing market on the Wall Street Journal's real estate...

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Requiring Rainwater Mitigation in LA

Posted on February 01, 2010
From an interesting story in the LA Times: A proposed law would require new homes, larger developments and some redevelopments in Los Angeles to capture and reuse runoff generated in rainstorms. The ordinance approved in January by the Department of....

Stevenson on IOLTA Takings Problems After Kelo

Posted on February 01, 2010
Drury D. Stevenson (South Texas) has posted IOLTA Problems in the Post-Kelo World on SSRN. Here's the abstract: IOLTA programs are a very popular mechanism for funding legal services for the poor, and are now operating in every state. As...

Property Outlaws Event at Fordham

Posted on February 01, 2010
From the good folks at my alma mater: The spring 2010 Natural Law Colloquium will take place on Thursday, February 4, at 6:00 pm in the McNally Amphitheatre of Fordham Law School. Our speakers will be Professor Eduardo Penalver (Cornell...

McLaughlin and Weeks on Conservation Easements and Charitable Trust Doctrine

Posted on January 30, 2010
Nancy A. McLaughlin (Utah) and W. William Weeks (Indiana-Bloomington) have posted Hicks v. Dowd, Conservation Easements, and the Charitable Trust Doctrine: Setting the Record Straight on SSRN. Here's the abstract: This is the fourth in an exchange of articles published...

Nolon and Salkin on Land Use Law and Pedagogy

Posted on January 29, 2010
John R. Nolon (Pace) and Patricia Salkin (Albany) have posted Practically Grounded: Convergence of Land Use Law Pedagogy and Best Practices on SSRN. Here's the abstract: The changing dynamics in the field of land use and sustainable community development law...

Dorfman on Private Ownership

Posted on January 29, 2010
Avihay Dorfman (Tel Aviv) has posted Private Ownership on SSRN. Here's the abstract: The most powerful response to the growing skepticism about the intelligibility of the idea of private ownership has been cast in terms of owners? rights to the...

Babie on Climate Change and Property

Posted on January 28, 2010
Paul T. Babie (University of Adelaide) has posted Climate Change and the Concept of Private Property on SSRN. Here's the abstract: This essay argues that the dominant liberal conception of private property, implemented and operating in legal systems worldwide, permits...

Tekle on Sex Offender Covenants

Posted on January 28, 2010
Asmara M. Tekle (Thurgood Marshall) has posted Safe: Restrictive Covenants and the Next Wave of Sex Offender Legislation on SSRN. Here's the abstract: This Article examines the emerging phenomenon and implications of sex offender covenants, the latest wave of sex...

Meteorite Law?

Posted on January 28, 2010
Talk about property law questions ripped from the headlines! The Washington Post has the latest on a dispute between the landlord of a physicians' office in Lorton and the physicians over the ownership of a meteorite that crashed into the...

Kelo, the Meaning of "Public Use," and Beyond

Posted on January 27, 2010
A recent decision from the United States District Court for the Western District of Pennsylvania presents some interesting issues about the law of eminent domain. In Whittaker v. County of Lawrence, 2009 WL 4744392 (Dec. 7, 2009), the plaintiffs challenged...

Mike Leach, Texas Tech, and Property Interests

Posted on January 26, 2010
As an ardent fan of college football, I have followed with some interest the events surrounding Mike Leach?s firing as the head football coach at Texas Tech University. Moreover, as a law teacher, I am always interested in ways to...

Atticus Finch: Friend or Foe?

Posted on January 25, 2010
The year 2010 marks the fiftieth anniversary of the publication of To Kill a Mockingbird. Of course, this novel has been very influential both inside and outside the legal profession, and it was again the subject of headlines a few...

Green on Tort Liability to Trespassers

Posted on January 25, 2010
Over at the TortsProf Blog, Mike Green (Wake Forest) has an interesting post on propertyowner liability to trespassers and the proposed language of the draft Restatement (Third) of Torts on the subject. Ben Barros [Comments are held for approval, so....

Rizzolli on the Law & Economics of Building Encroachments

Posted on January 25, 2010
The latest issue of the Review of Law & Economics has an article by Matteo Rizzolli (University of Milan - Bicocca) titled Building Encroachments. Here's the abstract: Property law usually addresses encroachments with ejectment. Building encroachments differ, however, as restoring...

Rosser on Reservation Resources

Posted on January 25, 2010
Ezra Rosser (American U.) has posted Ahistorical Indians and Reservation Resources on SSRN. Here's the abstract: This article is an in-depth exploration of the impacts of an Indian tribe deciding to pursue environmentally destructive forms of economic development...

Home Sales and Fraudulent Concealment

Posted on January 21, 2010
I currently am teaching a brief unit on real estate transactions in my Property course, and tonight we are covering disclosure and fraudulent concealment. As luck would have it, a recent article in the Wall Street Journal discusses this exact...

Turnbull & Salvino on Eminent Domain and the Size of Government

Posted on January 20, 2010
Geoffrey K. Turnbull (Georgia State - Economics ) and Robert F. Salvino (Coastal Carolina - Economics) recently published their article, "Do Broader Eminent Domain Powers Increase Government Size?" in the Review of Law & Economics. Here's the abstract: The 2005...

Mossoff on Epstein and Patent Conveyances

Posted on January 20, 2010
Adam Mossoff (George Mason) has posted A Simple Conveyance Rule for Complex Innovation on SSRN. Here's the abstract: This article, written for the Eighth Annual Legal Scholarship Symposium celebrating the work of Richard A. Epstein, assesses Epstein?s advocacy of a...

Houston Symposium on Climate Change, Water, and Adaptive Law

Posted on January 19, 2010
The University of Houston Law Center and the Environmental & Energy Law & Policy Journal are pleased to announce a Symposium on Climate Change, Water, and Adaptive Law to be held on Friday, February 26, 2010, from 8:00 a.m. to...

Property, Government, and Florida's Amendment 4

Posted on January 19, 2010
Spring semester begins this week at Stetson, where I am teaching both Real Property II and Local Government Law. In looking over my course materials for these classes, I was reminded of something that often comes up in my own...

Michael Kent Guest Blogging

Posted on January 19, 2010
I'm pleased to announce that Michael Kent (John Marshall/Atlanta, visiting this year at Stetson) will be guest blogging here at PropertyProf. Michael writes on land use and takings issues, and shares my fascination with Lingle v. Chevron. Welcome! Ben Barros...

Bellemare on De Jure and De Facto Land Rights

Posted on January 18, 2010
Marc F. Bellemare (Duke - Public Policy) has posted The Productivity Impacts of De Jure and De Facto Land Rights on SSRN. Here's the abstract: There is an important literature on the causal relationship between the quality of institutions and...

MacLeod on Suicide and Gifts Causa Mortis

Posted on January 18, 2010
Adam MacLeod (Faulkner) has posted A Gift Worth Dying For?: Debating the Volitional Nature of Suicide in the Law of Personal Property on SSRN. Here's the abstract: This article examines the debate in personal property law over the question whether...

Anderson on Lost Neighborhoods and Unincorporated Urban Areas

Posted on January 18, 2010
Michelle Wilde Anderson (UC Berkeley) has posted Mapped Out of Local Democracy on SSRN. Here's the abstract: In the novel Sula, Toni Morrison describes a neighborhood known locally as the Bottom, where the black community lived. It was ?the hilly...

Mitchell, Malpezzi, and Green on Forced Sales

Posted on January 13, 2010
Thomas W. Mitchell (Wisconsin), Stephen Malpezzi (Wisconsin) and Richard Green (USC) have posted Forced Sale Risk: Class, Race, and The 'Double Discount' on SSRN. Here's the abstract: What impact does a forced sale have upon a property owner's wealth? And...

Call For Proposals - Emory Transactional Law Conference

Posted on January 13, 2010
Emory University School of Law?s Center for Transactional Law and Practice is delighted to announce its second biennial conference on the teaching of transactional law and skills, Transactional Education: What?s Next? The conference will be held at Emory Law on...

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