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RECHTSLUPE
in Nachbarrecht
Eigentumsstreitigkeiten unter Nachbarn: Beseitigungs- und Unterlassungsansprüche auf dem Prüfstand

Ein Eigentümer klagt gegen seinen Nachbarn, der eine Pappel auf seinem Grundstück hat, deren Wurzeln das Grundstück des Klägers beschädigt haben. Der Kläger verlangt die Beseitigung der Wurzeln und die Reparatur seines Pflasters und verliert vor dem Landgericht, da die Vorschrift des § 281 BGB auf den Anspruch aus § 1004 Abs. 1 BGB auf Beseitigung der Beeinträchtigung des Eigentums keine Anwendung findet.

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SCOTUSBLOG
in Property Law
Supreme Court curtails Clean Water Act

The US Supreme Court has adopted a more stringent test to determine whether the Clean Water Act applies to a wetland, which is a setback for the Environmental Protection Agency and a victory for an Idaho couple, Michael and Chantell Sackett, who have been battling with the federal government for over 15 years in their efforts to build a house on an empty lot.

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THE VOLOKH CONSPIRACY
in Property Law
Conference Contract vs Trespass Law: Tenth Circuit Ruling on Expelled Attendee Sparks Debate

This article discusses a Tenth Circuit case involving the rights of attendees at a conference, with the court ultimately stating that the purchase of a ticket created an irrevocable right to attend the conference, but if someone was expelled from the conference, their reappearance could result in an arrest for trespass.

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THE VOLOKH CONSPIRACY
in Property Law
Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over Competence."

The National Conference of Bar Examiners (NCBE) is preparing to launch the "NextGen" Exam in 2026, which will be a replacement for the Uniform Bar Exam (UBE) but without the requirement of a test-taker's knowledge of specific state laws; this is a concern as tasks such as devising state property and inheritance law will get more challenging if people coming into the legal profession lack even the basic understandings of such issues, warns professor William J. Murphy, who highlights further revisions of NextGen in addition to the absence of tests on family law, among other topics and vague contours.

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THE VOLOKH CONSPIRACY
in Landlord Tenant Law
Economists Are Right To Hate Rent Control

An economics professor at Rutgers University has used flawed research to justify the adoption of "nationwide rent caps" of 4 to 5 percent above inflation in an essay for The American Prospect, denying evidence that rent control hurt property supply and instead arguing that it provides "free money".

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THE VOLOKH CONSPIRACY
in Bill Of Rights Constitutional Law
Baby Ninth Amendments Part III: "An Unwritten Constitution"

This article briefly summarizes state constitutional conventions and state judges' opinions on Baby Ninths' protection of unenumerated rights, including disagreements on whether or not the Baby Ninth amendment is necessary and the rarity of courts actually taking Baby Ninths seriously in court cases.

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THE VOLOKH CONSPIRACY
in Property Law
Supreme Court Narrowly Defines Dormant Commerce Clause in Favor of California's Animal Product Regulations - A Game-Changer for States' Regulatory Powers

The Supreme Court issued a decision on National Pork Producers Council v. Ross, a Dormant Commerce Clause challenge to California's law barring in-state sale of animal products that fail to meet California's regulatory requirements, where the Court narrowed the Dormant Commerce Clause to an anti-discrimination rule and provided a green light for states to regulate goods and services based on how they are produced, complicating the "Roberts Court is pro-business" narrative.

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THE VOLOKH CONSPIRACY
in Property Law
'Cop City' Protesters Arrested For Distributing Flyers

Activists opposing the construction of a police training facility on a city-owned patch of forest in DeKalb County, Atlanta, are being arrested and charged, with some facing up to 20 years in jail and fines of up to $5,000 for distributing flyers calling attention to the police killing of a "Cop City" opponent.

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THE VOLOKH CONSPIRACY
in Antitrust Law
Short Circuit: A Roundup of Recent Federal Court Decisions

The Institute for Justice's Short Circuit covers a range of legal issues including a case in which the coalition of 46 states sues Facebook for violating federal antitrust law, a case in which a UPS worker sues the company for invasion of privacy, and a case in which the Seventh Circuit concluded that Indiana's sex-offender registration law does not violate the right to travel or other constitutional rights.

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THE VOLOKH CONSPIRACY
in Property Law
Brickbat: Double Dipping

The Scottish National Party proposes a law that would allow local councils to charge double tax rates on second homes and increase tax rates on those who rent out their homes to increase taxes on the wealthy.

THE VOLOKH CONSPIRACY
in Property Law
Happy Earth Day! Reason Recycles 5 Decades of Environmental Coverage

The article discusses an old article published in Reason in 1970, where Robert Poole argued that full liability was the solution to environmental problems, as many of them are the result of the "tragedy of the commons," and advocated for capitalism as the way to increase the size of the pie while minimizing resource usage while outlining a list of Reason's previous articles on environmental issues to celebrate Earth Day 2023.

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THE VOLOKH CONSPIRACY
in Property Law
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case

The Supreme Court is hearing the case of Culley v. Attorney General of Alabama, which will decide if the government can use asset forfeiture to seize property without allowing the owners an opportunity to contest it in a hearing, constituting a violation of the Due Process Clause of the Fourteenth Amendment, and is particularly burdensome to lower-income property owners, who are disproportionately caught up in the war on drugs.

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THE VOLOKH CONSPIRACY
in Property Law
Wealth Taxes Won't Work

Lawmakers from several blue states in the US have devised a plan to impose a wealth tax on extreme wealth, although there are several legal obstacles, including the fact that California would need to bypass its state cap on personal property tax to implement the plan, and such taxes are difficult to administer, often driving people and businesses out of the country.

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THE VOLOKH CONSPIRACY
in Legal Fields Environmental Law
It Took 15 Years for the Feds To Approve a 700-Mile Electric Line

The biggest obstacles to the government's renewable energy goals are often the governments themselves, following the Bureau of Land Management taking over 14 years to approve a request to build a 732-mile electric transmission line, despite studies showing that 80% of the potential emissions reductions in green energy projects could be lost without an expansion of transmission lines.

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FINDLAW
in Sports Law
Tiger Woods Faces Two Lawsuits From Ex-Girlfriend

Two lawsuits filed by Tiger Woods' ex-girlfriend Erica Herman, including a civil claim for breach of an oral tenancy agreement on the mansion owned by Tiger Woods' trust in Hobe Sound, Florida and a complaint regarding a non-disclosure agreement Herman signed in 2017, may cause him legal problems.

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THE VOLOKH CONSPIRACY
in Property Law
"Viability" in Lucas v. South Carolina Coastal Council and Planned Parenthood v. Casey

The article discusses the legal term "viability" and its use in two Supreme Court decisions - Lucas v. South Carolina Coastal Council and Planned Parenthood v. Casey - which were both decided on the same day but focused on different concepts of viability, with Justice Blackmun being critical of the use of viability in both cases.

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THE VOLOKH CONSPIRACY
in Property Law
The "Denominator" Problem At Stanford Law School

The article discusses the concept of the relevant denominator in takings law, and applies it to the determination of whether a speaker's speech was disrupted, by considering the chaotic dynamics of a protest or event where the outcome is uncertain and, in light of the difficulty of distinguishing between protected and unprotected speech, calls for an administrator to issue a firm warning to avoid chilling speech while holding students accountable.

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THE VOLOKH CONSPIRACY
in Childhood Memories Tax Law
The Expensive, Seductive Nostalgia of Field of Dreams

The article discusses the impact of the movie "Field of Dreams" and its contrived nostalgia, which has influenced the modern baseball industry to build costly retro-looking stadiums and inspired taxpayers to pay for them, while also highlighting the movie's insistence on a superior past, which discounts the present and absolves the audience's active role in the decline.

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THE VOLOKH CONSPIRACY
in Property Law
Vatican Repudiates "Discovery Doctrine"

The Vatican has stated that the papal bulls approving of colonial powers such as Spain and Portugal's seizure of lands and subjugation of people in Africa and the "New World" were never actually part of the teachings of the Catholic church and that the "doctrine of discovery" is not part of the Catholic faith, acknowledging that these papal bulls did not take into account the equal dignity and rights of indigenous peoples and were manipulated for political purposes.

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THE VOLOKH CONSPIRACY
in Property Law
Progressive Politicians Are Regulating Their Own Projects Into Oblivion

Former US Senator and presidential nominee George McGovern's experience running a business with the burden of regulatory compliance and taxes designed by politicians inspired him to write positively about the disconnect between politicians' dreams and business owners' realities, and how misguided regulations often produce bad outcomes, how taxes dampen investment, and how mandates make it harder to innovate or survive, especially during recessions, which could be a lesson for today's most overzealous politicians who want too much government involvement in the market.

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THE VOLOKH CONSPIRACY
in Property Law
Short Circuit: A Roundup of Recent Federal Court Decisions

Short Circuit, a weekly feature by the Institute for Justice, covers various legal cases, including a civil rights lawsuit by a Muslim former inmate against anti-Muslim prison guards, the Fifth Circuit's decision to uphold a nationwide preliminary injunction against President Biden's COVID-19 vaccination mandate, and a Fifth Amendment taking case in which the government argues that it does not need to pay just compensation if the legislature hasn't chosen to enforce it.

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THE VOLOKH CONSPIRACY
in Landlord Tenant Law
The COVID-19 Pandemic Permanently Damaged Property Rights

The author argues that the government's response to the COVID-19 pandemic has resulted in lasting damage to property rights, particularly with anti-eviction orders that have harmed mom-and-pop landlords and scared away potential rental property investors.

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THE VOLOKH CONSPIRACY
in Property Law
Idaho Supreme Court Rules in Favor of Defendant: Drug-Sniffing Dog 'Trespassed' on Car, Violating Fourth Amendment

The Idaho Supreme Court has suppressed evidence gathered from a police search of a vehicle because Nero, a drug-sniffing police dog, "trespassed" by "intermeddling" with the vehicle, preventing the police from conducting a warrantless "search."

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THE VOLOKH CONSPIRACY
in Housing Access Constitutional Law
Ninth Circuit Rules Seattle's Fair Chance Housing Ordinance Unconstitutional for Violating First Amendment Rights of Landlords

The Ninth Circuit has ruled that Seattle's Fair Chance Housing Ordinance, which prohibits landlords from inquiring about or taking adverse action based on the criminal history of tenants, is unconstitutional on First Amendment grounds.

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THE VOLOKH CONSPIRACY
in Property Law
The Zoning Theory of Everything

Zoning regulations have become a central topic in the United States election as Democrats' zoning policy is being accused of bringing crime and low-quality apartments into thriving suburban neighborhoods, with zoning politics having devastating consequences on the economy and daily life.

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THE VOLOKH CONSPIRACY
in Cultural Heritage Law
Brickbat: What Did They Ever Do for Us?

A government report in Wales suggests that statues, plaques, and paintings of powerful, older, able-bodied white men may be considered offensive to the modern, diverse population and should be moved, covered, or destroyed.

THE VOLOKH CONSPIRACY
in Arbitration Law
Short Circuit: A Roundup of Recent Federal Court Decisions

The latest edition of Short Circuit covers a variety of topics, including a ruling by the D.C. Circuit Court that airplane seats, despite being small, are not dangerously small, a lawsuit filed by a Texas man alleging Section 2 Voting Rights Act violations who was ridiculed for not being a person of color, and the wrongful incarceration and subsequent $100+ million settlement of two men in North Carolina.

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ABOVE THE LAW
in Commercial Law
2022 Was A Good Year For Associate Compensation

The Thomson Reuters' State of the Market Report reveals the percentage increase in associate compensation in 2022 compared to the previous year.

Was ist Property Law?

Property Law:Property law refers to the legal rules and principles governing the ownership, use, and transfer of assets and possessions. Assets may include both real property (land and buildings) and personal property (such as money, vehicles, and jewelry). Property law is important because it allows individuals, businesses, and other entities to own and protect assets, use them for their intended purposes, and transfer them to others. Property law also defines the rights and responsibilities of landlords and tenants, and regulates the sale and purchase of real estate.

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