Part of the Property Law and Real Estate Commons
The Realities of Takings Litigation, Dave Owen BYU Law Review
PDF
Redefining the Boundary Between Appropriation and Regulation, Jessica L. Asbridge BYU Law Review
Debunking Intellectual Property Myths: Cross Cultural Experiments on Perceptions of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast BYU Law Review
The California Coastal Commission’s Efforts to Provide Affordable Overnight Accommodations by Preempting Cities’ Constitutional Police Power, Taylor Smith BYU Law Review
Owning Nothingness: Between the Legal and the Social Norms of the Art World, Guy A. Rub BYU Law Review
The Critical Resource Theory of Fiduciary Duty, D. Gordon Smith D. Gordon Smith
A Half-Baked Law: How the Supreme Court's Decision in Koontz v. St. Johns River Water Management District Misses a Key Ingredient to Fifth Amendment Protection, Garrett W. Messerly BYU Law Review
A Home with Dignity: Domestic Violence and Property Rights, Margaret E. Johnson BYU Law Review
Municipal Manifest Destiny: Constitutionality of Unilateral Municipal Annexations, Dustin Cammack BYU Law Review
Reliance in Land Use Law, Kenneth A. Stahl BYU Law Review
What Lies Beneath Section 956(c)(1)(D): Does an Intangible Property Right Constitue an Investment in U.S. Property?, Paul K. Marineau Brigham Young University International Law & Management Review
The New Progressive Property and the Low-Income Housing Conflict, Zachary Bray BYU Law Review
Closing Pandora's Box: Proposing a Statutory Solution to the Supreme Court's Failure to Adequately Protect Property, Ryan Merriman BYU Law Review
Utah's Enabling Act and Congress's Enclave Clause Authority: Federalism Implications of a Renewed State Sovereignty Movement, Spencer Driscoll BYU Law Review
Judicial Takings in Vandevere v. Lloyd, Cory S. Clements BYU Law Review
The Fallacy behind the Inflated Flats - Will Standardizing Terms Make Residential-Market Prices in China Collapse?, Tsui Tat Chee Brigham Young University International Law & Management Review
Official Maps and the Regulatory Takings Problem: A Legislative Solution, Trent Andrews BYU Law Review
Examining the Public Use Doctrine and Whether Expanding a Private University is a Public Use, Chad Olsen Brigham Young University Journal of Public Law
Missed Opportunity or Dodged Bullet? The Tenth Circuit’s Non-decision in Rocky Mountain Christian Church v. Board of County Commissioners, James C. Dunkelberger BYU Law Review
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson BYU Law Review
Regulatory Takings: A Chronicle of the Construction of a Constitutional Concept, Garrett Power Brigham Young University Journal of Public Law
RLUIPA and Eminent Domain: Probing the Boundaries of Religious Land Use Protection, Matthew Baker BYU Law Review
Death by a Thousand Cuts or Hard Bargaining?: How the Court's Indecision in Wilkie v. Robbins Improperly Eviscerates the Bivens Action, Natalie Banta Brigham Young University Journal of Public Law
The Parcel as a Whole: A Presumptive Structural Approach for Determining When the Government Has Gone Too Far, Keith Woffinden BYU Law Review
Utah Leads the Way in Regulating Land Use Exactions through Statute but Still Has Room to Improve, Andrea B. Pace Brigham Young University Journal of Public Law
Grave Matters: The Ancient Rights of the Graveyard, Alfred L. Brophy BYU Law Review
Reforming Eminent Domain, John Fee Faculty Scholarship
Eminent Domain and the Sanctity of Home, John Fee Faculty Scholarship
Link
Off-Site Conditions and Disclosure Duties: Drawing the Line at the Property Line, Florrie Young Roberts BYU Law Review
From Direct "Public Use" to Indirect "Public Benefit": Kelo v. New London's Bridge from Rational Basis to Heightened Scrutiny for Eminent Domain Takings, Trent Christensen BYU Law Review
Just Compensation and the Seller's Paradox, Nathan Burdsal Brigham Young University Journal of Public Law
That Land Is Your Land, This Land Is My Land … Until the Local Government Can Turn It for a Profit: A Critical Analysis of Kelo v. City of New London, Sonya D. Jones Brigham Young University Journal of Public Law
Dysfunctional Distinctions in Land Use: The Failure of Legislative/Adjudicative Distinctions in Utah and the Case for a Uniform Standard of Review, Todd W. Prall BYU Law Review
The Takings Clause as a Comparative Right, John Fee Faculty Scholarship
A Right of Passage: The Implications of the Tenth Circuit's Ruling in First Unitarian v. Salt Lake City, Braden J. Montierth Brigham Young University Journal of Public Law
Government Takings and Constitutional Guarantees: When Date of Valuation Statutes Deny Just Compensation, Christopher A. Bauer BYU Law Review
Regulatory Takings: Correcting the Supreme Court's Wrong Turn in Tahoe Regional Planning Agency, Bryan J. Pack Brigham Young University Journal of Public Law
Tahoe-Sierra and the Denominator Issue, John Fee Faculty Scholarship
Main Street Plaza: An Opportunity to Rebuild, John Fee Faculty Scholarship
Of Parcels and Property, John Fee Faculty Scholarship
The Likely Impact of the ALI Principles of the Law of Family Dissolution on Property Division, Craig W. Dallon BYU Law Review
The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA): A Valid Exercise of Congressional Power?, Shawn Jensvold Brigham Young University Journal of Public Law
The Recapture of Public Value on the Termination of the Use of Commercial Land Under Takings Jurisprudence and Economic Analysis, Donald C. Guy, James E. Holloway Brigham Young University Journal of Public Law
From Piracy to Prostitution - State Forfeiture of an Innocent Owner's Property: Bennis v. Michigan, Charlena Toro Brigham Young University Journal of Public Law
Tenancy by the Entirety: The Strange Career of the Common-Law Marital Estate, John V. Orth BYU Law Review
Taking a Look at the Modem Takings Clause Jurisprudence: Finding Private Property Protection Under the Federal and Utah Constitutions, David W. Tufts BYU Law Review
Unearthing the Denominator in Regulatory Taking Claims, John Fee Faculty Scholarship
A Model Statute for the Development of Oil and Gas Interests Held Under Joint Ownership, Curtis Anderson BYU Law Review
Losing Sticks from the Bundle: Incompatibility of Tenancy by the Entireties and Drug Forgeiture Laws, Barbara W. Sharp Brigham Young University Journal of Public Law
The Selling Real Estate Broker and the Purchaser: Assessing the Relationship, Brett L. Hopper BYU Law Review
Impact of CERCLA on Real Estate Transactions: What Every Owner, Operator, Buyer, Lender, . . . Should Know, Jeffrey M. Moss Brigham Young University Journal of Public Law
The Moral Position of Landowners Within the Scope of CERCLA, David N. Mortensen Brigham Young University Journal of Public Law
The Conversion of Intangible Property: Bursting the Ancient Trover Bottle with New Wine, Val D. Ricks BYU Law Review
Standing to Contest Administrative Action Under the Land Withdrawal and Review Program: Lujan v. National Wildlife Federation, Darin T. Judd Brigham Young University Journal of Public Law
The Erosion of the Clean Water Act Through Inverse Condemnation: Can Wetlands Withstand the Takings Clause of the Fifth Amendment?, Stephen R. Kelly Brigham Young University Journal of Public Law
Necessity or Overkill? Regulating Residential Landlord-Tenant Relations through the Utah Consumer Sales Practices Act, David L. Johnson BYU Law Review
In the Aftermath of Johnson and Eichman: The Constitution Need Not Be Mutilated To Preserve The Government's Speech and Property Interests in the Flag, Douglas W. Kmiec BYU Law Review
Neighborhood Property Law, Joseph L. Hoffmann BYU Law Review
Just Compensation and the Condemnation of Future Interests: Empirical Evidence of the Failure of Fair Market Value, Laura H. Burney BYU Law Review
The Impacts and Issues Surrounding the Regulatory Confiscation of Real Property, Douglas Short Brigham Young University Journal of Public Law
Protection of National Parks Through Buffer Zones: Does It Amount to a Fifth Amendment Constitutional Taking?, Daniel J. Anderson Brigham Young University Journal of Public Law
A New Approach to Regulatory Taking Analysis, Julie A. Sturgill Brigham Young University Journal of Public Law
Land Use Takings and the Problem of Ripeness in the United States Supreme Court Cases, Junji Shimazaki Brigham Young University Journal of Public Law
Hall v. City of Santa Barbara: The "Taking" of Property Through Rent Control, Douglas J. Kotarek Brigham Young University Journal of Public Law
The Law of Practical Location of Boundaries and the Need for an Adverse Possession Remedy, James H. Backman BYU Law Review
Inholders: An Endangered Species?, Wm. Kelly Nash BYU Law Review
Objective Uncertainty in Boundary by Acquiescence: Halladay v. Cluff, Marvin D. Bagley BYU Law Review
The Federal Military Retirement System Preempts State Community Property Law at Divorce: McCarty v. McCarty, Samuel D. McVey BYU Law Review
Public Land Law Reform- Reflections from Western Water Law, James H. Backman BYU Law Review
Implied Warranty of Habitability and Security in Residential Leases: Trentacost v. Brussel, Daniel M. Livingston BYU Law Review
The Installment Land Contract-A National Viewpoint, Grant S. Nelson, Dale A. Whitrnan BYU Law Review
Brokers-Real Estate Brokers' Duties to Prospective Purchasers - Funk v. Tifft, BYU Law Review
Real Property--Condominiums--Developer Self-Dealing--Point East Management Corp. v. Point East One Condominium Corp., BYU Law Review
Advanced Search
