Property Posts
Law360 Article Addresses COVID Eviction Concerns in NY
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.
Reporters’ Guide to: Restatement of the Law Fourth, Property
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.
Comprehensive Rezonings
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.
January 2020 Council Meeting Updates
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
Zoning for Families
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.
The International Reach of the Restatement (Third) Property: Servitudes
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 Some have praised it as a bold attempt to streamline and rationalize an outdated and confusing area of law.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.
Dispossessing Detroit: How the Law Takes Property
The University of Michigan Journal of Law Reform is hosting a symposium, “Dispossessing Detroit: How the Law Takes Property” on November 9 and 10.
October 2019 Council Updates
During its meeting in New York City on October 17 and 18, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
Property and Projection
This Article argues that property law can and should address projection claims by private owners. It traces the history of property tort claims involving light, explaining how the law developed to emphasize economic and physical harm and identifying the forgotten strands of doctrine that nonetheless support liability for targeted projections.
SCOTUS Cites Property 3d
The U.S. Supreme Court cited the Restatement of the Law Third, Property: Mortgages, in holding that a business that engaged in no more than the enforcement of a security interest—such as a law firm that pursued nonjudicial foreclosures on behalf of clients—was not a “debt collector” within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a(6), except for the limited purpose of § 1692f, which prohibited entities from threatening to foreclose on a consumer’s home without having legal entitlement to do so.