Cases and Materials on American Property Law (American Casebook Series)
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Cases and Materials on American Property Law continues its traditional approach to the teaching of property law. This edition features a number of new cases inserted into almost every chapter of the book. The notes and comments have been appropriately updated. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The book in its entirety introduces students to a broad spectrum of material traditionally covered in a first-year property course.
Some specific changes in this new edition:
Chapter 8 – Servitudes
1. Discussion of The Restatement (Third) of Property: Servitudes (2000) and changes is recommends to the common law approach;
2. Discussion of the distinction between easements and licenses and the critical role of the parties’ intent;
3. Important distinctions between negative and affirmative easements;
4. Interior Trails Preservation Coalition v. Swope, public prescriptive easements;
5. Raleigh Avenue Beach Association v. Atlantis Beach Club, Inc. and the public trust doctrine;
6. Direct restraints on alienation;
7. Cash v. Granite Springs Retreat Assn, Inc. and the discussion of subdivision covenants enforceable as equitable servitudes where the covenants are recorded before the developer acquires title;
Chapter 9 - Nuisance
1. Discussion of the relationship between nuisance law and easements;
2. State statutory responses to attempts to restrict use of solar panels through the use of covenants;
3. Robie v. Lillis, distinguishing public and private nuisances, balancing the equities;
4. Summary of four types of nuisance outcomes and discussion;
5. State statutory discussion of the duty to provide lateral support;
Chapter 10 - Takings
1. Discussion of post-Kelo state takings legislation and constitutional amendments;
2. Discussion of the denominator problem in takings and the segmentation of estates in land;
3. Discussion of average reciprocity of advantage;
4. Lucas update, a discussion of what happened after the remand;
5. Judicial takings, addition of Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection;
6. Distinguishing Fifth Amendment takings and Due Process challenges;
Chapter 11 – Zoning
1. Relationship between zoning and nuisance law;
2. Standard of review in zoning cases;
3. Two approaches to adult use zoning (dispersion and concentration);
4. Bloch v. Frischholz, example of private restrictions that violate federal Fair Housing Act but that are not actionable under First Amendment;
5. Discussion of development of discrimination against multi-family housing (apartments) starting with Euclid;
6. Example of state statutory response to exclusionary housing policy;
7. Variances, the distinction between use and area variances and the role of variances in preventing takings (and discussed in the context of Lucas as an example);
8. Discussion of four types of nonconformities;
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|Author||Kurtz, Hovenkamp, Brown|
|Edition||6th ed., 2012|