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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

Property Panels at Law and Society

Posted on April 23, 2008
Here is a list of property-related panels for the upcoming Law & Society Conference in Montreal. If you're aware of a panel or paper that might be of interest to propertyprofs that I've missed, please leave a comment and I'll...

Villazor on Blood Quantum Laws

Posted on April 22, 2008
Rose Cuison Villazor (SMU) has posted Blood Quantum Land Laws and the Race Versus Political Dilemma on SSRN. Here's the abstract: Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms...

Eagle on Kelo, Directed Growth, and Municipal Industrial Policy

Posted on April 22, 2008
Steven J. Eagle (George Mason) has posted Kelo, Directed Growth, and Municipal Industrial Policy on SSRN. Here's the abstract: This article explores trends towards increased local government land use regulation to spur economic development and towards partnering with private redevelopers...

Salkin and Lavine on RLUIPA and Federalism

Posted on April 22, 2008
Patricial Salkin and Amy Lavine (Albany Law School) have posted The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government on SSRN. Here's the abstract: In 2000, Congress passed, and....

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Is a 26-bathroom Mansion a Single Family Home?

Posted on April 21, 2008
CNN has a story about this pressing question. Ben Barros [Comments are held for approval, so there will be some delay in posting]

The Latest on the Machu Picchu Artifacts

Posted on April 17, 2008
We've been following this story for a long time. The Yale Daily News is now reporting a change in Peru's attitude towards the return of artifacts that Yale professor Hiram Bingham III excavated from Machu Picchu in the early twentieth...

Epstein on Didden

Posted on April 16, 2008
Richard Epstein has an opinion piece on Didden v. Port Chester and the general issue of public use. HT: Ilya Somin. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Claeys on Law & Econ v. Natural Property Rights

Posted on April 16, 2008
Eric Claeys (George Mason) has posted Jefferson Meets Coase: Land-Use Torts, Law and Economics, and Natural Property Rights on SSRN. Here's the abstract: In tort scholarship, conventional wisdom assumes that economic analysis explains doctrine more determinately than philosophical analysis...

Lewyn on Five Myths About Sprawl

Posted on April 15, 2008
Michael Lewyn (Florida Coastal) has posted Five Myths About Sprawl on SSRN. Here's the abstract: In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is "a...

Anderson on Zoning Board Composition

Posted on April 15, 2008
Jerry L. Anderson (Drake University Law School) has posted A Study of American Zoning Board Composition and Public Attitudes Toward Zoning Issues on SSRN. Here's the abstract: In the United States, many important land use decisions are made, at least...

Bonfield, Chused, and Tracht to New York Law School

Posted on April 11, 2008
Brian Leiter is reporting that: In addition to Gerald Korngold from Case Western, New York Law School has also made (or recently made) tenured hires of Lloyd Bonfield (property, EU law, legal history) from Tulae University, Richard Chused (property, copyright,...

Colburn on Morality and Green Building

Posted on April 11, 2008
Jamison Colburn (Western New England) has posted Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligation on SSRN. Here's the abstract: This essay grew out of a symposium on Catholic social thought. It makes the...

The Progressive Case for Water Markets

Posted on April 11, 2008
Jonathan Adler has an interesting post on the subject. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Jones and Brosnan on Law, Biology, and Property

Posted on April 09, 2008
Owen D. Jones (Vanderbilt) and Sarah F. Brosnan (Georgia State) have posted Law, Biology, and Property: A New Theory of the Endowment Effect on SSRN. Here's the abstract: Recent work at the intersection of law and behavioral biology has suggested...

How Quickly We Forget

Posted on April 09, 2008
Thanks to Ann Bartow for this story ("Capitol statues switched as subjects' fame fades") about the changing of the statutes in Congress. Each state gets two statutes, but over time the states like to change out the people they display....

Morriss on State Responses to Kelo

Posted on April 08, 2008
Andrew P. Morriss (University of Illinois) has posted Symbol or Substance? An Empirical Assessment of State Responses to Kelo on SSRN. Here's the abstract: The Kelo decision provoked considerable legislative activity as 46 states adopted legislation on eminent domain in...

Cemetery Law: The Reburial of Mark Rothko?

Posted on April 08, 2008
Close on the heals of the New York Times' discussion of a conflict over Thomas Jefferson's grave, (which I discussed here) we have news of a dispute over the possible exhumation and reburial of Mark Rothko. Kathryn Shattuck's article begins:...

Korngold from Case Western to New York Law School

Posted on April 08, 2008
Gerald Korngold, the McCurdy Professor of Law at Case Western, will join the faculty of New York Law School in the fall. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Solar Panels vs. Trees!

Posted on April 07, 2008
The New York Times this morning has a fascinating story about two neighbors, eight redwood trees, a solar panel, and - yes - a criminal prosecution for violating a statute called the Solar Shade Act. This has it all: a...

On-Line Ad Housing Discrimination Case

Posted on April 04, 2008
Eugene Volokh has a post on Fair Housing Council v. Roomates.com. The case is mostly about some on-line immunity issues, but an underlying issue about expressing preferences for roomates will be a familar one to propertyprofs. Ben Barros [Comments are...

Rock Star Brophy From Alabama to UNC!!!

Posted on April 04, 2008
This has been a poorly kept secret for a while now, but since Brian Leiter is reporting it, we can now announce that our own certified rock star Al Brophy will join the faculty at UNC Chapel Hill next year....

New Book on Post-Kelo Eminent Domain

Posted on April 04, 2008
Today's mail brought my copy of Private Property, Community Development, and Eminent Domain, edited by Robin Paul Malloy. The book contains essays by Tom Allen, Carol Brown, Eric Claeys, Rachel Godsil, Robin Malloy, Marc Pairier, David Simunovich, Jim Smith, and...

Public Use Cert Petition

Posted on April 02, 2008
Over at Scotusblog, Lyle Denniston has a post on a cert petition to the Supreme Court presenting some post-Kelo public use issues. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Tax Consequences of Postmortem Right of Publicity

Posted on April 02, 2008
Mitchell M. Gans, Bridget J. Crawford & Jonathan G. Blattmachr have an interesting piece in the Yale Law Journal's Pocket Part called Postmortem Rights of Publicity: The Federal Estate Tax Consequences of New State-Law Property Rights. Here's the intro: California...

Foreclosure Road Trips

Posted on April 02, 2008
The Washington Post has an interesting story (free regist. required) about bus tours of foreclosed properties by potential buyers. An excerpt: A new form of sightseeing is catching on in the Washington suburbs, offering investment advice, free cookies and some...

Rosser on Property Consequences of Indians

Posted on April 02, 2008
Ezra Rosser (American U.) has posted Protecting Non-Indians from Harm: The Property Consequences of Indians on SSRN. Here's the abstract: This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v....

Supreme Court Decision in New Jersey v. Delaware

Posted on April 01, 2008
Yesterday, the Supreme Court ruled in favor of Delaware in its riparian use dispute with New Jersey. The New York Times has an article on the case. The opinions are available here. Choice quote from the Times about Justice Scalia's...

Property in the Lord of the Rings

Posted on March 31, 2008
Ilya Somin, the libertarian counterpart to GMU's natural law duo of Mossoff and Claeys, has a post at the VC on Property in the Lord of the Rings. Ben Barros [Comments are held for approval, so there will be some...

Mossoff to George Mason

Posted on March 31, 2008
According to David Bernstein at the VC, Adam Mossoff is moving from Michigan State to George Mason. Will the natural law duo of Mossoff and Claeys eventually challenge Yale's Smith and Merrill for property theory supremacy? Stay tuned to find...

More cemetery law: Thomas Jefferson's Grave

Posted on March 31, 2008
Today's New York Times brings this story about the Jefferson family cemetery. It is "owned by the lineal descendants of Thomas Jefferson. Last year about 250 people with ancestral ties to Monticello ? including descendants of Jefferson and Sally Hemings,...

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