Property Posts

U.S. Supreme Court Cites Restatement of Property

In a recent U.S. Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Ass’n, Nos. 18-1584 and 18-1587 (June 15, 2020), Associate Justice Clarence Thomas, writing for the Court, cited Restatement of the Law, Property § 450.

Law360 Article Addresses COVID Eviction Concerns in NY

New York Governor Andrew Cuomo announced a new executive order set for June 20, and effective for 60 days, that will amend rules for commercial and residential evictions during the coronavirus pandemic.

Comprehensive Rezonings

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it.

Zoning for Families

Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago.

The International Reach of the Restatement (Third) Property: Servitudes

For years American property law scholars have debated the merits of the Restatement (Third) Property: Servitudes (2000). Some have praised it as a bold attempt to streamline and rationalize an outdated and confusing area of law. Others have criticized it for having too much of a reformist agenda.

October 2019 Council Updates

During its meeting in New York City on October 17 and 18, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.