On April 29, Elon Law professor Faith Rivers James presented a series of case law updates related to land use regulations, eminent domain, co-tenancy, and other property law matters, at the 22nd Annual Spring Symposia of the American Bar Association Section of Real Property, Trust, and Estate Law, held in Washington, D.C.
Rivers James presented as part of an invited panel of property law professors reporting on recent cases of interest to practitioners.
Other participants in the panel included program chair and speaker John V. Orth of the University of North Carolina School of Law, R. Wilson Freyermuth of the University of Missouri School of Law, and Eileen M. Roberts of the William Mitchell College of Law.
Cases reviewed by Rivers James included:
Withers v. Jepsen, a 2011 Utah Court of Appeals case involving co-tenancy, partition, and land use regulation issues;
Dyer v. Cotton, a 2010 Texas Court of Appeals case involving heirs’ property and adverse possession issues among other matters;
Bank of America v. 414 Midland Ave. Associates, LLC, a 2010 Supreme Court of the State of New York, Appellate Division case involving co-tenancy issues related to ouster and adverse possession; and,
Matter of Kaur v. NY State Urban Devp’t Corp., a 2010 Supreme Court of the State of New York, Appellate Division case involving eminent domain issues.
Rivers James also reviewed the Uniform Partition of Heirs Property Act, legislation drafted by the National Conference of Commissioners on Uniform State Laws in 2010 and recommended by that entity for enactment in all fifty states.Through the presentation, Rivers James also released a section-by-section analysis of this legislation. Click here for that analysis or on the E-Cast link adjacent to this article.
Click here for additional information about Elon Law professor Faith Rivers James.