Property Posts
Exclusion, Control, and Consequence in 2,622 Zoning Districts
This article describes the basic legal mechanics of zoning and argues it is an important area of study. It reveals that despite the importance of zoning, very few studies have conducted rigorous multi-jurisdictional surveys of actual zoning codes.
Episode 60 – Robert Thomas Discusses the 2021 Eminent Domain Conference
In Episode 60 of “The Eminent Domain Podcast”, Robert H. Thomas of Damon Key Leong Kupchak Hastert talks about this year’s ALI-CLE Eminent Domain Conference, which will be held on January 28 to 29.
Are Apartments a Nuisance? Private Property and The Rise of Zoning
On this episode of Short Circuit, Harvard Law Professor Molly Brady joins us to talk about an untold story from the rise of zoning law.
October 2020 Council Meeting Updates
At its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts.
Property Convergence in Takings Law
Although one of the key questions in a federal system is how authority should be allocated between the state and national governments, property law has rarely generated serious controversy on this front. Instead, property entitlements and the rules governing resource use have typically been the province of state and local actors.
The COVID-19 Eviction Crisis: an Estimated 30-40 Million People in America Are at Risk
This article aggregates the existing research related to the COVID-19 housing crisis, including estimated potential upcoming eviction filings, unemployment data, and housing insecurity predictions.
Pandemic Takings: Compensating for Public Health Emergency Regulation
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.
How the Law Fails Tenants (And not Just During a Pandemic)
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 Mortgagors
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.
U.S. Supreme Court Cites Restatement of Property
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.