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Fred Bosselman and the Taking Issue

By   /  October 21, 2014  /  Environmental Law, Property Law, Volume 30, Issue 2 

Law Books

30 Touro Law Review 255           by

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Still an Issue: The Taking Issue at 40

By   /  October 21, 2014  /  Environmental Law, Featured, Property Law, Volume 30, Issue 2 

Gavel 4

In 1973, the Council on Environmental Quality published a seminal report by Fred Bosselman, David Callies and John Banta: “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners.”

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The Eastside Exhibition Rule: The De Minimis Exception for Trifles and Trivialities in Partial Actual Eviction Cases in New York

By   /  March 24, 2014  /  Featured, Property Law 

Gavel 3

Since at least the early twentieth century, the law in New York has been that the landlord’s physical ouster of a tenant from all or a portion of the premises warranted full rent abatement. This is the case regardless, whether the expulsion is from just one inch or the entire premises.

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New York’s Adverse Possession Law: An Abdication of Personal Responsibility

By   /  November 4, 2013  /  Featured, Property Law 

Gavel with Legal Texts

Throughout American history, the doctrine of adverse possession has played a role in ensuring the possession of land by those who recognized its potential and used it productively. At the same time, the doctrine penalized those who neglected their property and allowed it to fall into disrepair. However, some recent trends have limited the ability to acquire land by adverse possession. In 2008, New York joined this movement when the legislature significantly modified the adverse possession law.

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The Taking Issue 40th Anniversary Symposium

By   /  September 23, 2013  /  Constitutional Law, Featured, Property Law 

Taking Issue Picture

The Touro Law Review presents The Taking Issue 40th Anniversary Symposium on October 3 & 4, 2013 with Keynote speaker Richard A. Epstein, Lawrence Tisch Professor of Law New York University Law School. Co-chairs are Touro Law Dean & Professor of Law Patricia Salkin and David L. Callies, Benjamin A. Kudo Professor of Law The University of Hawaii at Manoa William S. Richardson School of Law.

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New York’s Adverse Possession Law: An Abdication of Personal Responsibility

By   /  May 12, 2013  /  Featured, Property Law 

Fence

In 2008, New York joined this movement when the legislature significantly modified the adverse possession law. This article discusses the injustice that will result from the New York changes and the decline in personal responsibility of landowners.

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Use of Eminent Domain to Restructure Underwater Loans

By   /  April 15, 2013  /  Online Exclusive, Property Law 

Home For Sale

The Inland Empire, a region of California consisting of San Bernardino and Riverside Counties, is just one of the many areas throughout the United States whose economy has deteriorated since the housing crisis began in 2007. As of May 2012, the unemployment rate throughout the region was nearly 12% — roughly 1.5 times higher than the national average.

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Repulsed by RAP? Renewal Options are Singing a Different Tune: An Analysis of Bleecker Street Tenants Corp. v. Bleeker Jones, LLC

By   /  February 4, 2013  /  Featured, Property Law 

Lease Agreement

This Comment analyzes the court’s reasoning for exempting the entirety of lease renewal options from RAP as opposed to extending previously created doctrines. Furthermore, this Comment suggests a different reasoning that the majority could have used to quell the criticisms of the concurring and dissenting opinions.

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