John M. Groen | July 13, 2023 | Property
Below is the abstract for “Takings, Original Meaning, and Applying Property Law Principles To Fix Penn Central,” available for download on SSRN. This article contends that the term “property” as used in the Takings Clause is a group of rights, the essential being the...
Amy Howe | June 12, 2023 | Property
This piece was featured by SCOTUSblog.com on May 25, 2023, it was originally published at Howe on the Court. In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded...
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...
