Does environmental protection impose a cost? Many communities across the United States still lack affordable housing. And many officials continue to claim that 'affordable housing' is an oxymoron. Building inexpensively is impossible, they say, because there are too many regulations. Required environmental impact statements and habitat protection laws, they contend, drive up the costs of construction. But is this actually true? In a comprehensive study of the question, the authors of this eye-opening book separate fact from myth. With admirable clarity, they describe the policy debate from its beginning, review the economic theory, trace the evolution of development regulation, and summarize the major research on the topic. In addition, they offer their own research, accompanied by a case study of two strikingly different Washington, D.C., suburbs. They also include results of focus groups conducted in Dallas, Denver, and Tucson. The authors find that environmental regulatory costs - as a share of total costs and processes - are about the same now as they were thirty years ago, even though there are far more regulations today. They find, too, that environmental regulations may actually create benefits that could improve the value of housing. Although they conclude that regulations do not appear to drive up housing costs more now than in the past, they do offer recommendations of ways in which the processes associated with regulations - including review procedures - could be improved and could result in cost savings. Intended primarily for professionals who are involved in, or impacted by, regulations - from public officials, planners, and engineers to housing developers and community activists - this book will provide useful insights and data to anyone who wants to know if (and how) American housing can actually be made 'affordable'.

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.

An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together - both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on 'the future' that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

Two remarkable phenomena have affected the practice of planning over the past two decades: the rise of public involvement as an integral component of urban decision making, and the technological innovations that enable the visualization and simulation of physical reality. This book will assist urban professionals, public sector leaders, and the public to navigate two complex and evolving fields: public involvement and digital visualization as applied to planning. It suggests ways that digital visualization tools can be integrated in a public process to present participants with clear choices and help them make informed planning decisions. Based on the authors' experiences in developing sophisticated public involvement processes and applying 3D GIS-based simulation and visualization tools to planning and design, the book features more than 100 color illustrations and case studies of four communities: Santa Fe, Houston, Kona (Hawaii), and Baltimore.

The practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.

This is a comprehensive survey of medieval English mortmain legislation from both the point of view of the crown and that of the Church. It examines methods of enforcement and evaluates their success. It traces the emergence of licensing policies and the increasing exploitation of licences for fiscal purposes, while at the same time establishing that this was not their original purpose. The extent to which the Church was acquiring land on a threatening scale by the later thirteenth century is questioned, and the effects of the legislation on subsequent acquisition are assessed against the background of new fashions in ecclesiastical patronage and a more hostile economic climate. The statutes of 1279 and 1391 are well known. What this study shows is how much variation lay behind the apparently straightforward system of licensing and how closely the issue of mortmain tenure was related to wider social, political and economic considerations.

There has always been much controversy surrounding property rights in legal and political philosophy. Thinkers such as Plato, Locke, Kant, Hegel and Marx have all offered different views on the idea of property. This collection of essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a variety of perspectives. The essays discuss whether property may be dissipated or used imprudently with impunity, and analyse how a person's property should be distributed after death. They survey the economic landscape of intellectual property and show that Locke's celebrated justification for private property falters when it comes to copyrights and patents. They also demonstrate how important it is that institutions of property be carefully justified. The variety and originality of these essays are evidence that the theory of property is one of the most exciting areas of intellectual inquiry in the humanities and social sciences.

Fee tails were a basic building block for family landholding from the end of the thirteenth to the beginning of the twentieth century. The classic entail was an interest in land which was inalienable and could only pass at death by inheritance to the lineal heirs of the original grantee. Biancalana's study considers the origins, development and use of the entail in later medieval England, and the origins and early use of a reliable legal mechanism for the destruction of individual entails, the common recovery. He untangles the complex history surrounding medieval landholding in this detailed study of the fee tail, the product of extensive research in original sources. This book includes an extensive index of over three hundred common recoveries with discussions of their transactional contexts. A major work which will interest lawyers and historians.

An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.

A law book on ADVERSE POSSESSION which is jargon free, concise and easy to understand without sacrificing the breadth or detail of the topic. The book deals with - Issues of land law, land disputes and 'squatters rights'. Evidence for Adverse Possession cases Claiming and defences to Adverse Possession. Includes all the relevant Laws/Statutes, case laws/precedents etc. All with detailed 'plain English' explanations. Covers the UK regions of England, Scotland, Wales and Northern Ireland.

Non-Performing Loans, Non-Performing People tells the previously untold stories of those living with mortgage debt in times of precarity and explores how individualized indebtedness can unite resistance in the struggle toward housing justice. The book builds on several years of Melissa Garcia-Lamarca's engagement with activist research in Barcelona's housing movement, in particular with its most prominent collective, the Platform for Mortgage-Affected People (PAH). What Garcia-Lamarca learned from fellow activists and the movement in Barcelona pushed her to rethink how lived experiences of indebtedness connect to larger political- economic processes related to housing and debt. The book is also inspired by feminist scholars who integrate the lens of everyday life into explorations of contemporary political economy and by anthropologists who connect macroprocesses to lived experience. Distinctive in how it integrates a racialized, gendered, and decolonial perspective, Garcia-Lamarca's research of mortgaged lives in precarious times explores two principal phenomena: first, how financial speculation is experienced in the day-to-day and differentially embedded in the dynamics of (urban) capital accumulation, and second, how collective action can unleash the liberating possibility of indebtedness.

Das Wechselspiel aus einseitiger Leistungsanderung und entsprechender Mehrvergutung (Einheitspreisneuberechnung) ist ein zentrales, uber Jahrzehnte eingehend diskutiertes Element der VOB/B. Das Sujet gewann mit dem 01.01.2018 neue Aktualitat, als mit der Novelle des Bauvertragsrechts des BGB zahlreiche Regelungen der VOB/B zum Teil adaptiert, zum Teil abweichend in das Gesetz Einzug fanden. Konkret jenes fur das BGB neue Leistungsanderungsrecht in 650b BGB und die im Verbund zu lesende Vorschrift des 650c BGB wurden nach dem Vorbild der VOB/B geschaffen. Das ohnehin nicht triviale Verhaltnis der VOB/B zum BGB ist fur den Bereich der Nachtrage wegen Leistungsanderungen ein damit aktuelles wie praxisrelevantes Thema, zu dessen Diskussion die vorliegende Abhandlung einen Beitrag leisten soll - insbesondere mit Blick auf die AGB-Kontrolle der einschlagigen VOB/B-Klauseln und die analoge Anwendbarkeit der novellierten Paragrafen des BGB zur sog. 80-Prozent-Regelung und dem einstweiligen Rechtsschutz ( 650d BGB). Zudem wird eine eigene Methodik zur Einheitspreisneuberechnung (Konsensmethode) vorgestellt.

When making a decision about housing, a household must choose between renting and owning. Multiple factors, such as a household's financial status and expectations about the future, will influence the decision. Few that decide to purchase a home have the necessary savings or available financial resources to make the purchase on their own. Most need to take out a loan. A loan that uses real estate as collateral is typically referred to as a mortgage. Historically, the government has played an important role in the housing finance system providing both support to the system and regulation of it. The housing finance system has two major components: a primary market and a secondary market. Lenders make new loans in the primary market, and loans are bought and sold in the secondary market. This book provides an overview of how the housing finance system works and provides context for housing finance-related policy issues that Congress might choose to consider.

The Federal Housing Administration (FHA) was created by the National Housing Act of 1934 in order to broaden home-ownership, protect lending institutions, and stimulate the building industry. The FHA does not make mortgage loans. Rather, it insures mortgage loans made by private lenders that meet certain underwriting and other criteria, thereby expanding the availability of mortgage credit beyond what may be available otherwise. If the borrower defaults on the mortgage, the FHA will repay the lender the remaining amount owed. While the FHA insures a range of mortgage types, including multifamily properties and hospital facilities, this book focuses on the FHA's single-family insurance program.

"Fee tails" were a building block for family landholding from the end of the thirteenth to the beginning of the twentieth century. The classic entail was an interest in land which was inalienable and could only pass at death by inheritance to the lineal heirs of the original grantee. Biancalana's study considers the origins, development and use of the entail, and the origins of a reliable legal mechanism for the destruction of individual entails, the common recovery.

Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

This collection of new essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a variety of perspectives. The essays discuss whether property may be dissipated or used imprudently with impunity, and analyze how a person's property should be distributed after death. They survey the current economic landscape of intellectual property and show that Locke's celebrated justification for private property falters when it comes to copyrights and patents. They also demonstrate how important it is that institutions of property be carefully justified.

During the continuing foreclosure crisis and economic downturn, increased numbers of vacant residential properties are becoming vandalised or dilapidated, attracting crime, and contributing to neighbourhood decline in many communities across the country. Even though homeowners whose properties are being foreclosed upon may continue to occupy their properties until after a foreclosure sale occurs, many leave their homes during the foreclosure process. In addition, properties for which a new entity has assumed ownership through foreclosure may be vacant until the property is resold. This book explores the concern over the costs that foreclosed and unattended vacant homes are creating for local communities and the strategies state and local governments are using to address unattended vacant property problems and the challenges those governments face.

Does land law's specialized and historic vocabulary make it hard for your students to engage? Designed to support a progressive learning experience, Land Law Directions provides a lively introduction to the subject and makes this often daunting area clear and engaging. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly - Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they'll be introduced to the key areas of debate and given the confidence to question the law - Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence - Elevate their learning: with the ground-work in place they can aspire to take learning to the next level, with direction provided on how to go further Digital formats and resources This eighth edition is available for students and institutions to purchase in a variety of formats and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources are available at www.oup.com/he/landlaw_directions8e/ and include: - New scenario questions aimed at helping to apply the law in practice - New animated diagrams providing visual explanation of complex topics - Guidance on answering the end-of-chapter questions - Quick fire self-test questions with answer feedback - Links to further reading suggestions - Flashcard glossary to revise key terms - Additional material and discussion of advanced topics including adverse possession, and easements and profits

The term "housing counselling" refers to a wide variety of educational activities geared toward homebuyers, homeowners, renters, senior citizens, or other populations with particular housing goals. Some potential topics of housing counselling include pre-purchase counselling for potential homebuyers; post-purchase counselling on subjects such as budgeting or home maintenance and foreclosure prevention. This book describes the housing counselling industry in general, with a focus on HUD's processes for certifying housing counselling agencies and distributing housing counselling funding.