The COVID-19 pandemic led all states to issue regulations aiming to limit the spread of the coronavirus and reduce morbidity and mortality. Alongside the impediments that the “stay at home” and social distancing regulations imposed on citizens’ freedom of movement, worship, and leisure, they also interfered, sometimes significantly, with owners’ property rights.
In the wake of the COVID-19 pandemic, all levels of government are considering how to protect public health by keeping people in their homes, even if they can no longer afford their monthly mortgage or rent payments.
COVID-19 Pandemic and Real Property Law: An Early Assessment of Relief Measures for Tenants and Residential MortgagorsLauren Klosinski
This Special Alert for Powell on Real Property looks at governmental measures, enacted on an emergency basis, regarding real property during the COVID-19 pandemic — especially moratoria on residential evictions and foreclosures.
In a recent U.S. Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Ass’n, Nos. 18-1584 and 18-1587 (June 15, 2020), Associate Justice Clarence Thomas, writing for the Court, cited Restatement of the Law, Property § 450.
New York Governor Andrew Cuomo announced a new executive order set for June 20, and effective for 60 days, that will amend rules for commercial and residential evictions during the coronavirus pandemic.
In this video summary, project Reporter Henry E. Smith is joined by Associate Reporters John C.P. Goldberg, Thomas W. Merrill, and Christopher M. Newman to provide an overview of this year’s Tentative Draft No. 1.
Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it.
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago.
For years American property law scholars have debated the merits of the Restatement (Third) Property: Servitudes (2000). Some have praised it as a bold attempt to streamline and rationalize an outdated and confusing area of law. Others have criticized it for having too much of a reformist agenda.