Property Posts
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.
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.