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Property Law and the Public Interest: Cases and Materials, Third Edition, 2007

J. Gordon Hylton, Professor of Law, Marquette University Law School;
David L. Callies, Benjamin A. Kudo Professor of Law, University of Hawaii, William S. Richardson School of Law;
Daniel R. Mandelker, Howard A. Stamper Professor of Law, Washington University in St. Louis School of Law;
Paula A. Franzese, Professor of Law, Seton Hall University School of Law


Availability: In Stock
Publisher :LexisNexis
Format: BOOK
ISBN: 9780820570662
2007
  $120.00
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    Property Law and the Public Interest seeks to introduce first year law students to both the public and private law aspects of the law of property. All of the distinctive features of the casebook have been retained for the Second Edition:

  • The opening chapter is devoted to the definition of property rights, and it explores the concept of property through issues of ownership of natural resources and intellectual property.
  • In addition to traditional limitations on the rights of landowners, the book's early chapters explore the police power, the power of eminent domain, and the concept of regulatory takings.
  • The casebook is compact. It is designed primarily for a one-semester Property class.
  • For those who are interested in incorporating even more material of the "public" law of property into their class, additional chapters are provided on zoning and land use planning, housing discrimination, and environmental law.
  • There is no chapter in the book devoted exclusively to estates in land and future interests. Instead, this subject matter is addressed in those contexts in which it is still relevant. (Remainders and reversions are introduced with legal life estates and trusts, and executory interests are studied in conjunction with other forms of private land use control.)
  • Cases are chosen for the complexity of the problems they pose as well as their ability to illustrate principles of the law of property. Interpretive notes supplement the cases but excerpts from secondary sources are kept to a minimum.

    Property Law and the Public Interest has a significantly expanded new Teacher's Manual (available only to professors).

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    • PART I: SOVEREIGN RECOGNITION OF PRIVATE PROPERTY RIGHTS

    CHAPTER 1. DEFINING PROPERTY . . . 3
    A. Private Ownership of Natural Resources . . . 3
    B. Property in Intangibles . . . 31

    CHAPTER 2. SOVEREIGN RESTRICTIONS ON THE USE OF LAND . . . 67
    A. Limitations on the Right to Exclude . . . 67
    B. The Concept of Reasonable Use . . . 92

    CHAPTER 3. LAND DEVELOPMENT AND THE POLICE POWER . . . 119
    A. Foundation: Police Power and Land Use . . . 119
    B. Regulatory Takings . . . 132
    C. Land Development Conditions . . . 171

    PART II: THE TRANSFER OF PROPERTY FREE FROM RESTRICTION

    CHAPTER 4. INVOLUNTARY TRANSFERS . . . 191
    A. Involuntary Transfers Between Private Parties . . . 191
    B. Transfers to the Sovereign: Eminent Domain . . . 220
    C. Other Forms of Transfers to the Sovereign . . . 247

    CHAPTER 5. VOLUNTARY TRANSFERS . . . 273
    A. The Uniqueness of the Real Estate Transaction . . . 273
    B. Contracts for the Sale of Land . . . 290
    C. The Deed . . . 302
    D. Security of Title . . . 324
    E. Fraudulent Transfers . . . 337
    F. Anti-discrimination Statutes . . . 341

    PART III: RIGHTS OF COMMON OWNERS

    CHAPTER 6. SHARED OWNERSHIP . . . 347
    A. Concurrent Estates . . . 347
    B. Marital Property . . . 362
    C. Present Estates in Land and Future Interests . . . 373
    D. The Trust as a Form of Divided Ownership . . . 399
    E. Tribal Property . . . 402

    CHAPTER 7. LANDLORD AND TENANT: HOUSING AS A PUBLIC UTILITY . . . 411
    A. Control of the Premises . . . 412
    B. Abandonment and Constructive Eviction . . . 426
    C. Contemporary Issues in Landlord-Tenant Law . . . 437

    CHAPTER 8. RIGHTS TO USE THE LAND OF ANOTHER . . . 467
    A. Easements . . . 467
    B. Profits A Prendre . . . 497
    C. Licenses . . . 501

    PART IV. THE TRANSFER OF PROPERTY SUBJECT TO RESTRICTION

    CHAPTER 9. PRIVATELY IMPOSED LIMITATIONS ON THE USE OF LAND . . . 515
    A. Conditional and Determinable Estates . . . 515
    B. Negative Easements . . . 530
    C. Restrictive Covenants . . . 534

    CHAPTER 10. LIMITATIONS ON PRIVATE LAND USE CONTROLS . . . 567
    A. Public Policy Limitations on Covenants . . . 567
    B. Constitutional Limitations . . . 602

    PART V. LIMITING THE USE OF PROPERTY IN THE PUBLIC INTEREST

    CHAPTER 11. HOUSING DISCRIMINATION . . . 623
    A. Federal Fair Housing Legislation . . . 623
    B. Facially Neutral Discrimination . . . 624

    CHAPTER 12. LOCAL LAND USE CONTROLS . . . 653
    A. Elements of Zoning . . . 653
    B. Specialized Controls . . . 686

    CHAPTER 13. ENVIRONMENTAL PROTECTION . . . 699
    A. Environmentally Sensitive Land . . . 699
    B. Clean Air, Clean Water, and the Use of Property . . . 739

    Table of Cases . . . TC-1
    Index . . . I-1

     

     

 
 
 
 
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