Property Posts
Iowa and South Dakota Supreme Courts Adopt Restatement Sections
Two state high courts recently turned to the Restatements to clarify core legal standards—defining “probable cause” in will contests under no-contest clauses (Iowa) and confirming that a good-faith mistake does not negate intent in civil trespass (South Dakota).
Crypto and the Property Question
Is crypto property? The proliferation of digital assets such as cryptocurrencies, stablecoins, memecoins, and NFTs has confronted legal systems worldwide with three interdependent challenges: determining whether they are property, identifying their appropriate classification within property taxonomies, and establishing rules for their circulation in commerce. Our Article addresses this tripartite question—the Property Question—within American law.
January 2025 Council Meeting Updates
At its meeting on January 23 and 24, 2025, the Council discussed and approved, in part or in whole, drafts of six projects.
Rezonings—Spot Zoning
The following black letter is excerpted from Tentative Draft No. 5, which contains § 6.2. Rezonings—Spot Zoning.
Idaho Supreme Court Adopts Property 3d Provision
The Idaho Supreme Court adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f.
Constructive Notice
The following black letter is excerpted from Tentative Draft No. 5, which contains § 3.2. Constructive Notice
Lease for Residential Use: Implied Warranty of Habitability
The following black letter is excerpted from Tentative Draft No. 5, which contains § 6.1. Lease for Residential Use—Implied Warranty of Habitability.
Taking Back the Takings Clause: Tyler v. Hennepin County and State Power over Property
This Article argues that several common solutions were available in Tyler v. Hennepin County and that, in future cases, the Court should seriously consider amending its current approach to incorporate insights from one or both of these approaches.
Idaho Supreme Court Adopts Property 3d Provision
The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f.
January 2024 Council Meeting Updates
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.