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Property Law

Eminent Domain: A Comparative Perspective by Professor Ilya Somin, et al. - Podcast

Environmental Law & Property Rights Practice Group Podcast
Richard A. Epstein, Ilya Somin July 18, 2017

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. In their recent book, Eminent Domain: A Comparative Perspective (Cambridge University Press), editors Ilya Somin, Iljoong Kim, and Hojun Lee use a common framework to analyze the law and economics of eminent domain around the world. They show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems. Professor Richard Epstein and Professor Ilya Somin joined us to discuss this interesting book.

Featuring:

  • Professor Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
  • Professor Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University

Complex Property Arrangements

Short video featuring Richard Epstein
Richard A. Epstein July 18, 2017

How can an association that doesn’t own property make rules that govern it? Professor Richard Epstein of NYU School of Law discusses the principles governing complex property arrangements, giving an overview of the Neponsit case, which created a modern rule for how a property can be governed by an organization and not an individual owner.  This development makes condo associations and other more efficient uses of property possible.

Professor Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.

Professor Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

Property Arrangements

Short video featuring Richard Epstein
Richard A. Epstein July 18, 2017

What kind of rules provide stable property possession within the complex system of property ownership and leasing? In the fifth installment of a series on the Common Law, Professor Richard Epstein of NYU School of Law gives an overview of property arrangements rooted in the English Common Law system, explaining how these arrangements started with William the Conqueror in 1066 and continue in modern lending.
 
Professor Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.
 
Professor Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

Courthouse Steps: Murr v. Wisconsin Decided - Podcast

Environmental Law & Property Rights Practice Group Podcast
James S. Burling June 28, 2017

On June 23, the Supreme Court issued its opinion in Murr v. Wisconsin. This is a regulatory takings case which addressed the question: should two legally distinct but commonly owned contiguous parcels be combined, as described in Penn Central Transportation Company v. City of New York, for takings analysis purposes?

In 1960 and 1963, the Murrs purchased two adjacent lots in St. Croix County, Wisconsin, each over an acre in size. In 1994 and 1995, the parents transferred the parcels to their children. These lots became nonconforming due to various setbacks imposed in the 1970s, but a grandfathering provision would have allowed independent and separate uses – but only if the lots were not owned by the same individuals. Seven years later, the children wanted to sell one of the two original lots and were denied permission to do so by the St. Croix County Board of Adjustment. The Murrs sued the state and county and claimed the county’s actions resulted in an uncompensated taking of their property. The trial court granted summary judgement to the state and county and the Court of Appeals of Wisconsin affirmed.

James Burling, Vice President of Litigation at the Pacific Legal Foundation, joined us to discuss this interesting case and offer his thoughts following the decision. 

Featuring:

  • James S. Burling, Vice President of Litigation, Pacific Legal Foundation

Undermining Voluntary Property Arrangements

Short video featuring Richard Epstein
Richard A. Epstein June 25, 2017

Should the government be involved in property arrangements between private individuals?  In this episode, a continuation of a discussion of core principles of Property Law, Professor Richard Epstein of NYU School of Law discusses rent control laws and how to optimize leasing arrangements between parties.
 
Professor Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.
 
Professor Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.