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The Sovereign’s Invisible Grasp: Katzin v. United States and the Case for Nonpossessory Physical Takings

Jun 1, 2020 | Case Note, Eminent Domain, James Kemp, Property Law and Real Estate

By James Kemp Abstract SINCE Pennsylvania Coal Co. v. Mahon, the law has recognized that the government need not physically occupy property or exercise its power of eminent domain to take private property under the Fifth Amendment, instead recognizing that the...

Rethinking Powers of Attorney in Real Estate Transactions

Mar 1, 2018 | Article, Julia Patterson Forrester, Property Law and Real Estate

By Julia Patterson Forrester Abstract Powers of attorney are often used in real estate transactions for the convenience of parties who may be traveling or otherwise unavailable on the date of the closing of a transaction. In other situations, an agent may be acting...

Re-zoning the Sharing Economy: Municipal Authority to Regulate Short-Term Rentals of Real Property

Jun 1, 2017 | Comment, Cory Scanlon, Property Law and Real Estate

By Cory Scanlon Abstract Imagine two scenarios. In the first, you live in a quiet residential community with easy access to your city’s center. Your next-door neighbor, whom you have known for years, regularly rents out his home to one or two tourists who respect the...

Real Property

Dec 1, 2013 | Article, G. Roland Love, J. Richard White, Property Law and Real Estate

By J. Richard White and G. Roland Love Abstract This article covers state cases from 314 S.W.3d through 374 S.W.3d and federal cases during the same time period that the authors believe are noteworthy for adding to the jurisprudence on the applicable subject. There...

Zoning and Land Use

Mar 1, 2011 | Arthur J. Anderson, Article, Property Law and Real Estate

By Arthur J. Anderson Abstract Judicial opinions on land use typically impact a single landowner party’s use or development of a tract he owns or controls. While opinions in these cases have precedential impact for other landowners, developers, and builders,...

Take This House and Shove It: The Emotional Drivers of Strategic Default

Dec 1, 2010 | Article, Brent T. White, Property Law and Real Estate

By Brent T. White Abstract An increasingly influential view is that strategic defaulters make a rational choice to default because they have substantial negative equity. This article, which is based upon the personal accounts of over 350 individuals, argues that this...

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