Property Posts
Property Convergence in Takings Law
Although one of the key questions in a federal system is how authority should be allocated between the state and national governments, property law has rarely generated serious controversy on this front. Instead, property entitlements and the rules governing resource use have typically been the province of state and local actors.
The COVID-19 Eviction Crisis: an Estimated 30-40 Million People in America Are at Risk
This article aggregates the existing research related to the COVID-19 housing crisis, including estimated potential upcoming eviction filings, unemployment data, and housing insecurity predictions.
Pandemic Takings: Compensating for Public Health Emergency Regulation
The COVID-19 pandemic led all states to issue regulations aiming to limit the spread of the coronavirus and reduce morbidity and mortality. Alongside the impediments that the “stay at home” and social distancing regulations imposed on citizens’ freedom of movement, worship, and leisure, they also interfered, sometimes significantly, with owners’ property rights.
How the Law Fails Tenants (And not Just During a Pandemic)
In the wake of the COVID-19 pandemic, all levels of government are considering how to protect public health by keeping people in their homes, even if they can no longer afford their monthly mortgage or rent payments.
COVID-19 Pandemic and Real Property Law: An Early Assessment of Relief Measures for Tenants and Residential Mortgagors
This Special Alert for Powell on Real Property looks at governmental measures, enacted on an emergency basis, regarding real property during the COVID-19 pandemic — especially moratoria on residential evictions and foreclosures.
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.
Reporters’ Guide to: Restatement of the Law Fourth, Property
In this video summary, project Reporter Henry E. Smith is joined by Associate Reporters John C.P. Goldberg, Thomas W. Merrill, and Christopher M. Newman to provide an overview of this year’s Tentative Draft No. 1.
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.
January 2020 Council Meeting Updates
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.