Property Posts
Lead and Landlords
This article argues that the accepted practice of requiring the consent of the landlord before replacing the lateral service line is at least questionable law and asserts that property rights are properly subject to limits that affect a landlord’s autonomy around the question of whether a lead service line should be replaced on her property.
The Institute in the Courts: South Carolina Adopts Section of Property 3d
Recently, in Clarke v. Fine Housing, Inc., 2023 WL 29046 (S.C. Jan. 4, 2023), the Supreme Court of South Carolina adopted the approach set forth in Restatement of the Law Third, Property (Servitudes) § 3.4 in determining whether a right of first refusal was an unreasonable restraint on alienation.
Justices appear divided over Navajo Nation’s water rights
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation.
Takings Property and Appropriative Water Rights
Courts and commentators have yet to define the types of rights that are entitled to constitutional protection with sufficient precision to avoid an inconsistent and inefficient application of the Takings Clause. The Article assesses how certain frameworks perform with a property interest as elusive as appropriative water rights and provides broader lessons about both takings property and water law.
Research Directions for Historic Preservation Law
This chapter analyzes the status and promise of research about preservation laws, with the aim of inspiring additional inquiry.
Papering Over Place: When Land Becomes Asset Class
This piece analyzes the specific ways in which modern property rules are transforming land into an asset class to be monetized, capitalized, and exploited.
The Ascension of Indigenous Cultural Property Law
This Article shows a striking increase in the development of tribal cultural property laws as Indian tribes seek to advance human and cultural rights in innovative and inspired ways.
Oregon Land Use Law: Cases and Materials
Land use law is a staple in most law schools and in undergraduate and graduate planning programs throughout the United States. Inevitably, Oregon’s innovative and unique land use planning program is taught. This casebook is a tool for planning and law students taking these courses.
One Small Step for Native American Water Rights
This article was originally published on Reason.com on January 20, 2023.
January 2023 Council Meeting Updates
At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.