Property Posts
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.
Court split over California man’s takings clause dispute
Justices appeared divided at oral argument in a California man’s challenge to the constitutionality of the “traffic impact mitigation” fee that he was required to pay when building his home.
The Institute in the Courts: The American Law Institute and State Courts
State courts across the country continue to be guided by the work of The American Law Institute. During the 2022-2023 fiscal year, courts in 49 states and the District of Columbia cited the Restatements of the Law and Principles of the Law over 1000 times.
Sacred Easements
This Article proposes a new approach, rooted in property law, for Native American faith communities to protect their sacred sites.
The Capitalization of Incomplete Property Rights to the Groundwater Commons
Incomplete property rights are common across a range of natural resources such as fisheries and groundwater. This paper takes a hedonic approach to understanding how three core features of prior appropriation water rights in Kansas—access, allocation, and seniority—confer value to irrigated farmland.
October 2023 Council Meeting Updates
At its meeting on October 19 and 20, 2023, the Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.
Toward a Tribal Role in Groundwater Management
This Article considers the Agua Caliente groundwater litigation a decade since its inception and outlines the present opportunity to reimagine the role of tribes in groundwater management.
Section 8 vouchers take center stage in dispute between landlord and disabled tenant
Federal law bars housing discrimination against a person with a disability. Under the Fair Housing Act, landlords and sellers must provide “reasonable accommodations” to give someone with a disability “equal opportunity” to rent or buy a home. These cases examine whether the FHA requires landlords to accept so-called Section 8 vouchers from tenants who are too disabled to work.