Property Posts

The Ascension of Indigenous Cultural Property Law

This Article shows a striking increase in the development of tribal cultural property laws as Indian tribes seek to advance human and cultural rights in innovative and inspired ways.

Oregon Land Use Law: Cases and Materials

Land use law is a staple in most law schools and in undergraduate and graduate planning programs throughout the United States. Inevitably, Oregon’s innovative and unique land use planning program is taught. This casebook is a tool for planning and law students taking these courses.

January 2023 Council Meeting Updates

At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.

Inheritance in an Unequal Age

In the last three decades, state legislatures have eliminated the Rule against Perpetuities, and now dynasty trusts can make carefully controlled payments to a trust settlor’s descendants for hundreds of years. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age. This Article draws a theoretical lesson from the Rule’s demise.

October 2022 Council Meeting Updates

At its meeting on October 20 and 21, 2022, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.

Natural Resource Property Customs

In an era of space exploration, e-commerce, and internet, the United States follows the same Civil War-era mining law, enacted prior to the invention of the lightbulb and automobile. This article examines the history of American natural resource customs in mining systems and how those customary property traditions ultimately led to our current mining laws.

Sidewalk Government

This Article is the first to systematically examine the incoherence of the property law of sidewalks and of the fragmented regulatory architecture that municipalities have built to manage them. The Article demonstrates how both legal regimes have in fact deepened sidewalk conflict and have confused and undermined accountability for the quality and accessibility of the sidewalks.