Kevin Lynch | May 16, 2023 | Property
Below is the abstract for “Forced Pooling: The Unconstitutional Taking of Private Property,” available for download on SSRN. Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we...
Amy Howe | April 28, 2023 | Property
This piece was featured by SCOTUSblog.com on April 26, 2023, it was originally published at Howe on the Court. Geraldine Tyler, a 94-year-old grandmother, lost her Minneapolis condo when she failed to pay the property taxes for several years. Tyler does not dispute...
Karen Czapanskiy | April 7, 2023 | Property
Below is the abstract for “Lead and Landlords,” available for download on SSRN. Lead is a toxin that humans cannot safely consume. As has been known for decades, people frequently suffer exposure to lead because of its use in paint and gasoline. In recent decades,...
Megan Dingley | March 28, 2023 | Property
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...
Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
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. The treaty, known by the Navajo people...
Luis Inaraja Vera | March 20, 2023 | Property
Below is the abstract for “Takings Property and Appropriative Water Rights,” available for download on SSRN. The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just...
