Real Property Owners Research Articles

Modern Management Methods in the Area of Public Housing Resources in the Community

Real estate management is a complex process that consists of making or indicating decisions of both a tactical and strategic character. To ensure the realization of the tasks, real property owners need to adjust their services to respond to technological pressure, a dynamically changing market, and the demands of the customer, thus resulting in various innovations introduced by the owners in the process of the public housing management. A review of the subject literature was the source of the theoretical motivation to conduct the empirical research on the innovations implemented by property owners. The main objective of said research was to ascertain which innovations have been implemented by the entities that were owners of public property in the Częstochowa City Commune and how were they evaluated by the residents. A questionnaire survey was used to verify the hypotheses. Statistical analyses were also carried out using the IBM SPSS Statistics 26 package, which was used to analyze basic descriptive statistics, including the Shapiro–Wilk test, the Student’s t-test for independent samples, Spearman’s rho correlation analysis, Pearson’s r correlation analysis, and linear regression analysis. The research presented in this paper was conducted in the Q3 and Q4 of 2020 among the residents of the public housing in Częstochowa, Silesian Voivodeship, Poland. The measurement tool used was a survey form. The survey itself was submitted by 444 respondents (n = 444). The results of the research made it possible to determine which innovations were implemented by the municipality in question and to what extent they were important or for the residents. The main finding of the survey is that residents of the municipal housing stock consider the innovations implemented by the municipality to be important.

Measuring the economic impact of landslide hazard: hedonic price approach

One of the main climate-related disasters in Yogyakarta, Indonesia, is landslides, which result in slope degradation through soil loss. The largest number of landslides was recorded in Kulonprogo regency. In the Samigaluh sub-district, where recent landslides resulted in the biggest number of displaced persons, this study seeks to determine the economic impacts of landslides. For this investigation, we used primary data gathered using a questionnaire. The systematic random sampling was utilized to choose households in the villages. The study uses a total of 300 residential households that were interviewed in landslide prone area of Samigaluh sub-district of Kulonprogo, Indonesia. The age of building, number of rooms, and building size as structural characteristic has correlation with property price, respectively. As shown by the hedonic pricing approach’s finding, there is a positive association between property price and the distance to landslide point as characteristic of neighborhood. The distance to the river was also have impact on the property price. More frequent the landslide, higher the property price. The findings of this study can assist property owners in understanding the elements that contribute to property devaluation as a result of landslides. Since landslides are a serious issue for real property owners, this study also suggests that landslide insurance programs be developed.

Własność działek budowlanych na terenach budownictwa jednorodzinnego i zagrodowego

During the first years after World War Two housing needs of the population of the cities were first of all fulfilled from the resources administered by state organs. The participation of the population in building of houses was rather insignificant.Constantly diminishing housing resources and — on the other hand — grouth of industrial and agricultural production, caused the increase of real incomes of the population and changes in the state policy in the domain of building of houses, so as to include the iniciative and private funds of the population to the degree higher than thus far into the process of building.In order to carry out new haousing policy it was necessary to provide proper land for building, among others, for building of one family houses. This problem was to be solved by the law of July 6, 1972 on land designated for building one family houses and individual cultivation, and on division of real properties in towns and settlements (Journal of Laws n° 27 entry 192, changes in the Journal of Laws of 1973 n° 48 entry 282).This article aims at presenting all the problems pointed out in the title, and especially the problem of interpretation of several laconic provisions of te law of July 6, 1972. The article brings the reader’s attention to the fact that the law does not regulate all the issues connected with urban building because beyond its scope there remain some important general problems of administration of land in towns, problems of spatial planning, carrying out of industrial investments, building for communal purposes, construction of houses for many families by housing cooperative societies, etc. The article discusses administrative proceedings aimed at designation of land for the purposes of one family houses construction and for individual cultivation by workers of State or cooperative farms, as well as distribution of lots (declaration of preservation of ownership, assignement of lots in ownership or in perpetual usufruct). It also presents judicial proceedings and proceedings before state notarial offices in cases dealing with real properties and decisions designating land for purposes of such building.A critical opinion of the Author on several regulations contained in the law is also presented. Among others this concerns article 8 linea 3 which discriminates co-owners of real properties situated on building land if co-ownership, does not result from succession or cessation of joint property of husband and wife, and article 9 linea 1 which allows to assing a lot only to a young person of age or to a grandchild of the owner of real property which was included into the land designated for building.The final part contains some suggestions as to appropriateness of introducing some changes into the provisions now binding, also as far a appropriateness of regulating all the issues concerning land in the towns i one legal act.

Examination of The Impacts of Road Rehabilitation On Real Estate Values in Owerri Metropolis, Imo State (2010-2020)

Transportation’s most significant impact on land development occurs when access is provided to land, as increased access to land raises its potential for development. Since 2010, Owerri Metropolis has witnessed unprecedented development within the socio-economic and political life of the state through road rehabilitation projects. Development and rehabilitation of road is essentially important to real estate activities, and the real estate market has experienced quite a number of developments as a result of the road infrastructure and rehabilitation going on over the years as many roads have been rehabilitated to solve the problem of traffic congestion in Owerri Metropolis. It is presumed by the researcher that the effect of road rehabilitation on the surrounding area is adding value to real estate. This study therefore examined road rehabilitation and its impacts on real estate values in Owerri Metropolis, Imo State. The study focused extensively on the road rehabilitation projects in Owerri Metropolis from 2010 to 2020 with a view to establishing how the residents as well as real estate values has been affected positively and negatively over the years. The population of the study consists of107 Estate Surveyors and Valuers, 39Real Estate Developers and 23,293 real property owners in Owerri Metropolis, consisting of Owerri Municipal, Owerri West and Owerri North LGAs, Imo State. The research adopted the survey method using structured questionnaires, personal interviews and observations as data collection instruments, with107 Estate Surveyors and Valuers, 39 Real Estate Developers and673 property owners constituting the sample size. The data collected were subjected to descriptive and inferential statistical tests. The hypotheses were tested using One-Sample T-Test. The study revealed that the process of road rehabilitation poses numerous challenges, and these challenges were significant enough that they exert negative influences on the residents at the time of execution. However, on completion, the benefits were more significant than the challenges that they go a long way to exert great positive influence on the values of real estate in the neighborhood. The study concluded by recommending that the rehabilitation of more roads will continue to present more benefits to the residents, and by so doing will continue to enhance real estate values in Owerri Metropolis, Imo State.

Chonse, a real property lease transaction unique to South Korea

This article is a tentative analysis of Korean real property lease transaction system, chonse, a lease with a large sum of the key money deposit and without monthly rent payments. Chonse is the dominant form of lease arrangement used by most middle-class families in Korea without ownership of real property for both principal residences and commercial business places. The author analyzes this unique institution of real estate lease exclusive to South Korea and describes main features and details of it as well as related legal systems. Chonse also has the character of a lending system for the real property owners, where the landlord has the same position of borrowing the money from the tenant and the lending term is the same as the lease period. The tenant as a creditor has the leased property at his/her possession for the term and the tenant has the legal interest not only of a usufructuary right but also of a security right of pledge or collateral. After a brief review of the legal characteristics and roles of chonse in the modern period of development of South Korea, the author critiques the changing role of the chonse system in the modern South Korean society. Continuous economic development, reform of the financial system, globalized lifestyle and home living, and most of all its shrinking and aging population as well as low interest rates and the flourishing of long-term mortgages are all circumstances that need to be taken into account in assessing the implications of the changes taking place with regard to chonse.

Market Rent Determinants of Residential Apartments in Addis Ababa, Ethiopia

Rapid urbanisation and population growth increase the demand for housing. Given its importance to human wellbeing, the right to housing is recognised in international, regional and domestic legislation. The rental housing sector is the major form of housing tenure in Ethiopia. Given financial constraints, Ethiopian tenants tend to rent instead of buying property. However, there are no well-developed procedures that guide how rental value is determined in Ethiopia. As such, the purpose of this study is to identify monthly rent determinant variables of residential apartments in Ethiopia. Substantial empirical results from different countries indicate that rental value is a result of the combined contribution of the integrated components: property, amenities, and externalities. For this study, a multiple regression model was used for 164 samples taken from three purposefully selected case study areas in Addis Ababa (CMC, Jemo and Kazanchis). The regression results indicate that nine significant variables were determinant variables of monthly rent at a 95% confidence interval. This study may contribute decisive information for Ethiopian property managers, real estate developers, income tax assessors, real property owners, lending institutions and other interested real estate professionals. It allows these stakeholders to more accurately estimate the monthly rental value and market value of properties for their business evaluation.

Can In-Kind Compensation for Expropriated Real Property Promote Spatial Justice? A Case Study Analysis of Resettlement in Kigali City, Rwanda

Kigali city authorities have recently adopted an in-kind compensation option to mitigate some patterns of spatial injustices, reflected in the displacement of expropriated real property owners towards urban outskirts, where they can afford new properties using the in-cash compensation they receive. This study assesses whether this form of compensation promotes a spatially just and inclusive urban (re)development. It applies an evaluative framework comprising a series of indicators connected to three dimensions (rules, processes, and outcomes) of spatial justice and its four forms consisting of procedural, recognitional, redistributive, and intra-generational justice. It relies on data collected through field surveys and a review of literature on expropriation and urban (re)development processes in Kigali city. The findings reveal that the adopted in-kind compensation exhibits some aspects of spatial justice connected with the access to decent houses, basic urban amenities, and increased tenure security. However, these findings unveil deficiencies in procedural, recognitional, redistributive, and intra-generational justice, portrayed in the lack of negotiation on the compensation option, non-participation of expropriated property owners in their resettlement process, overcrowding conditions of the new houses, and loss of the main sources of incomes. Some options for a better implementation of the in-kind compensation are suggested. Two strands of procedural and recognitional justice, namely negotiation and community participation, are central to their successful implementation.

Bankruptcy Claims of Illinois Tax Purchasers After Expiration of the Redemption Period and Before Recording of the Tax Deed

In Illinois, if real property owners fail to timely pay their property taxes, the county conducts a sale of the delinquent taxes to third parties. In such property tax sales, the county receives the amount of the taxes due and shifts the payment risk to a third-party “tax purchaser.” In exchange, the tax purchaser receives a “Certificate of Purchase” that entitles the holder to repayment of the amount of delinquent taxes paid to the county plus interest, and costs, fees and penalties set by statute. Additionally, a contingent right is conveyed to the tax purchaser who purchased the delinquent taxes: should the property owner fail to redeem the delinquency by the statutorily-determined deadline, the tax purchaser may petition an Illinois court to order the county to issue a tax deed. For more than 15 years, bankruptcy courts applying Illinois law treated the redemption deadline as demarcating the debtor’s right to treat the redemption amount as a claim in a bankruptcy plan. But two Seventh Circuit holdings over the past decade abrogated the previous approach that recognized a distinction before and after the redemption deadline. The consequent appeals court jurisprudence has shifted the focus to the recording date of the tax deed. As recently as April 2019, the Bankruptcy Court in the Northern District of Illinois declined a tax purchaser’s request to reconsider and reverse the revised approach. Consequently, Illinois tax purchasers should expect courts to allow chapter 13 debtors to treat delinquent taxes underlying a Certificate of Purchase as a claim in a bankruptcy plan — even after the statutory period to redeem the delinquent taxes has expired.

Hedonic Analysis of the Impact of Flood Events on Residential Property Values in Malaysia: A Study of Willingness to Pay

The effect of flooding on residential property values (RPV) is a major concern to all property buyers and owners. Although numerous studies have already discussed the risk of devaluation of those properties situated in flood prone areas, those that focused on the impact of flooding on residential properties in Malaysia are still limited. This paper extends existing literature by also estimating consumers’ willingness to pay for flood control measures to reduce the flood risk in Malaysia. Using the hedonic pricing model (HPM), our results suggest that the market value of urban and rural residential properties significantly decreases by 18.5 percent and 13.6 percent due to flooding, respectively. The result also shows that, respondents who are risk averse are willing to pay 35.4 percent more for flood control measures to reduce impact of flood risk compared to those who are risk takers. The results of this study can help property owners to understand the factors that contribute to property devaluation due to flooding. This study also proposes flood insurance programmes to be implemented as flooding is a major concern to real property owners.

Comparative Analysis of the Property Negotiation Outcome Between Professional Estate Agents and Non-Professional in Akure

The paper compares the already established characteristics of the property market negotiator between professional property negotiators (agents/mangers) and non-professional property negotiators to property transactions in order to assess significant difference in their negotiation outcome (final price) from their Principals viewpoints. The target populations in the study were the land and real property owners in the three selected low, medium and high residential densities of Akure city, Nigeria. Their sample size were proportionately selected from their varying sampling frame and stratified random sampling adopted led to identification of distinct types of the residential properties in each densities. Structured close-ended questionnaire was administered on these owners to elicit their perception on the characteristics of their property negotiators at the point of purchase of land or letting of the residences and the negation outcomes. Data analysis was both descriptive and inferential statistics of mean scores with Kruskal Wallis Test and independent sample t-test respectively. Findings showed little significant differences in the ranking for both professional and non-professional negotiators characteristics among the respondents and there were slight differences in the land/property values negotiated by both negotiators. However there was sparse information about the estimation of the initial value/price among these negotiators as most asking/initial value has been found to be dictated or influenced by initial property owners/vendors. Despite the intrinsic nature of real property, the expectation is that the fundamental theory of price determination should be displayed in every transaction. The paper recommends that all market participants must be at the same pace of knowledge about previous and prevailing market prices/values to promote mutual and balanced negotiation outcome; otherwise there must be public regulation of market prices/values to increase suboptimal and reduce hyper-optimal outcomes. Keywords : Asking/Initial Price, Negotiation Outcome, Negotiators’ Characteristics, Professionals and Non-Professionals, Residential Property Market, DOI : 10.7176/JESD/10-2-03

Restauracja drewnianej architektury sakralnej w uwarunkowaniach prawnych doby zaborowej. Uwagi na podstawie zapisów źródłowych wielkopolskiej prowincji

Legal regulations imposed on Polish territories by the partitioning powers changed the rules of managing parish property and of financing the renovation of churches. In the territories an-nexed by Prussia regulations from 1794 were operative, assigning the management of property and financial issues to parish priests and provisors, while issues of community gatherings to commune plenipotentiaries. In 1875 the institution of church supervisory board was established, which took over church property management, and since 1905 was also authorized to levy a tax to cover renovation expenses. In the part of Greater Poland annexed by Russia the management of church property was regulated by a 1817/1818 decree, which established a supervisory board for every parish. 90% of renovation costs had to be covered by the parishioners. Following the nationalization of church estates in 1843 and the property right reform in 1864 the board could only enact charges with the consent of the assembly of parishioners, within which it was only real property owners that were entitled to decide. Works costing up to 3000 rubles were super-vised by province authorities, while more expensive renovations were subject to the approval of the Ministry of Internal Affairs.

Financing Urban Revitalization: A Pro‐Growth Template

The co‐authors recommend American cities adopt a particular property‐tax rate cutting strategy. They contrast relatively prosperous San Francisco with impoverished Baltimore. Both cities actually raised property taxes frequently between 1950 and 1975 with roughly the same results–falling population and rising crime. During the same period, many other cities also raised tax rates to make up for lower economic output, thereby encouraging more people and businesses to leave.The change in San Francisco's economic fortunes did not arise out of either a successful crime‐fighting program (it had worse crime than Baltimore in 1975) or through the rising prosperity of Silicon Valley forty miles to its south (still too small and far away to make a difference). Rather, the inflection point for San Francisco was in 1978 when a statewide referendum (“Proposition 13”) limited property taxes to 1% of assessed value. San Francisco's revenue declined by 18% the next year, 1979, but by 1982, its revenue was 66% higher than before Prop 13, despite the lower rates.Prop 13 improved cash flows to owners of real property in San Francisco and protected their property rights. Investors bought, built, and improved the city's residential and commercial capital stock, attracting new residents and creating new job opportunitiesPoliticians are reluctant to try to adopt Prop 13‐like measures on their own, however, because the short‐term consequences for politicians are painful as several years are required for underlying economic activity to grow enough to offset rate cuts.The key is to build a financial bridge before crossing the river through four‐steps:1. Announce a property tax rate cap that is immediately binding but which would take effect over several years in the future. Rational investors would immediately begin to invest and expand the city's tax base.2. During the transition period, the city should limit its spending to a “maintenance of service” level, while allocating any added revenue to an escrow fund.3. The city should supplement this reserve with the proceeds of sales of assets on its balance sheet via sale‐and‐leaseback contracts (SLBs).4. If revenue falls in the short run, cash would be withdrawn from the escrow fund in order to continue to maintain levels of government services at accustomed levels.

A Right Not to Be Mapped? Augmented Reality, Real Property, and Zoning

The digital mapping applications underlying augmented reality have strong public benefits but can also have unappreciated effects on real property. In recent litigation on Pokémon Go, an enhanced digital mapping application in which players participate in a digital scavenger hunt by visiting real world locations, homeowners alleged that the augmented reality application harmed their residential properties by increasing the number of people in their residential areas. However, neither the existing laws on intellectual property nor those for real property are designed to address these types of harms. On the one hand, real property torts, such as nuisance and trespass, on which the homeowners relied, are ill-suited to address harms from a digital application as they are based on a right to exclude and consent. On the other hand, intellectual property laws have not focused on harms that could result from the intersection of intellectual property rights and real property. If it were to be framed anew, the basis of the homeowners’ claims would be most analogous to asserting “a right not to be mapped.” However, there is not yet a “right not to be mapped” in law, and there are compelling reasons for the law not to create one. We recommend three alternative mechanisms to regulate the relationship between augmented reality and real property. We recommend the application of zoning principles as a legal mechanism designed for location-sensitive regulation, which can balance the concerns of individual real property owners, as well as the larger context of community and city interests, and be adapted to innovative technologies such as augmented reality. Additionally, we suggest that catalogues of augmented reality applications be created to support zoning decisions and to provide public notice. We also consider the possibility of licensing schemes with micropayments for real properties affected by augmented reality.

A Right Not to be Mapped? Augmented Reality, Real Property, and Zoning

The digital mapping applications underlying augmented reality have strong public benefits but can also have unappreciated effects on real property. In recent litigation on Pokemon Go, an enhanced digital mapping application in which players participate in a digital scavenger hunt by visiting real world locations, homeowners alleged that the augmented reality application harmed their residential properties by increasing the number of people in their residential areas. However, neither the existing laws on intellectual property nor those for real property are designed to address these types of harms. On the one hand, real property torts, such as nuisance and trespass, on which the homeowners relied, are ill-suited to address harms from a digital application as they are based on a right to exclude and consent. On the other hand, intellectual property laws have not focused on harms that could result from the intersection of intellectual property rights and real property. If it were to be framed anew, the basis of the homeowners’ claims would be most analogous to asserting “a right not to be mapped.” However, there is not yet a “right not to be mapped” in law, and there are compelling reasons for the law not to create one. We recommend three alternative mechanisms to regulate the relationship between augmented reality and real property. We recommend the application of zoning principles as a legal mechanism designed for location-sensitive regulation, which can balance the concerns of individual real property owners, as well as the larger context of community and city interests, and be adapted to innovative technologies such as augmented reality. Additionally, we suggest that catalogues of augmented reality applications be created to support zoning decisions and to provide public notice. We also consider the possibility of licensing schemes with micropayments for real properties affected by augmented reality.

THE IMPACT OF DESIGNATING LIMITED USE AREAS ON THE SITUATION OF AIRPORTS IN POLAND – WHETHER THEY CREATE AN OPPORTUNITY FOR CONDUCTING CORPORATE SOCIAL RESPONSIBILITY

A limited use area (LUA) is a legally designated area which is affected by the adjoining facility or other similar structure, e.g. water treatment plant, municipal landfill, communication route, power line/substation, airport. Different kinds of sources causing the limited use of the property have impact either on air quality, noise or generation of electromagnetic fields. According to the law, the permitted emission standards can be exceeded in a LUA. The owner of real property situated in such area may request the purchase of property, compensation for the reduction of the real property value caused by restrictions on use and limitations on expansion of such property, or a claim for the improvement of acoustic comfort. The paper presents the essence of designating limited use areas around airports, analysis of the existing legal framework on the LUA, and an overview of experiences and solutions adopted in selected Polish airports in this regard. The article presents information on how LUAs are designated and on the related prohibitions and restrictions. It also discusses the possible claims and approaches of particular airports towards various types of compensation. The aim of the article is to present opportunities for conducting the corporate social responsibility policy at airports as a result of introduction of limited use areas. It also attempts to assess the good as well as troublesome legal solutions from the point of view of management of Polish airports. When developing this paper, analyzes of the existing legal provisions on LUA designation, internal materials and documents provided by airports, as well as information available on the websites of examined entities were used. A valuable source was also information gathered in the course of in-depth interviews conducted with employees responsible for the management of processes related to the LUA.

The Sharing Stick in the Property Rights Bundle: The Case of Short Term Rentals & HOAs

Property owners are now more than ever exercising the “sharing stick” in their metaphorical bundle of property rights. This article examines the right to share one’s property with others as a branch, stemming from the inclusion stick, that itself grows out of the exclusion right held by property owners, along with the legal consequences of that characterization. The right to share, like other rights, can be given up when an owner joins a common interest community (CIC). However, when owners enter CICs and agree to HOA governance, they retain whatever residual parts of their ownership bundle they do not give up. Recent CIC and HOA cases examined in this article illuminate the existence of a “right to share,” where the default rule is that owners of real property have the right to engage in short term rentals unless they have expressly alienated that right through some private agreement. It will only be abrogated upon identifiable language in the initial CIC agreement making such diminishment of the right possible. The issues in several recent cases discussed here, regarding whether homeowners associations can create or enforce rules through their CC&R’s that prohibit short term rentals, are in essence asking whether the association and community are empowered to limit the sharing stick in the bundle. The primary questions discussed relate to whether, when, and how an association can impose limitations or prohibitions on short term rentals under existing authorities where such express substantive authority is not clearly, expressly given, and when the CIC must instead seek to undertake extraordinary measures like amendment to a CIC’s declaration in order to empower an HOA to so limit where it could not before. This Article concludes that the judicial interpretation of scope of CIC and HOA authority in relation to short term rentals demonstrates the strength of the sharing right. However, these cases also reveal that this sharing right may be consensually limited if the initial CIC declaration or valid subsequent amendments grant the proper HOA authority to do so.

Property Rights in Augmented Reality

Increasingly, cities, towns, and even rural communities are being slowly reshaped by a dynamic yet initially imperceptible phenomenon: the elaboration of augmented reality. Through applications that place virtual features over specific, real-world locations, layers of augmented reality are proliferating, adding new elements to an increasingly wide range of places. However, while many welcome the sudden appearance of arenas for battling digital creatures in their neighborhood or the chance to write virtual messages on their neighbor’s wall, the areas being augmented oftentimes are privately owned, thereby implicating property rights. Many intrusions, of course, are de minimis: an isolated, invisible Pikachu unexpectedly appearing over the GPS coordinates corresponding with one’s home can hardly be labeled a tragedy. Nevertheless, other infringements—such as the inundation of a church’s facade with offensive digital messages or the establishment of a virtual center of commerce in one’s backyard—seem to demand a solution. To date, however, commentators, courts, and litigants have almost universally assumed that property law does not and cannot provide recourse for such intangible invasions. Resisting such expectations, this Essay will argue that not only can property law play a role in augmented reality, but that its application in this context leads naturally to a regime that protects real property owners’ interest in the digital space linked to their property. In the process of so doing, this Essay will illuminate how recognizing real property owners’ right to control relevant parcels of site-specific augmented reality does not mark a novel expansion of property law but accords—and in many ways is dictated by—existing theory and precedent. The project is divided into four parts. Part I provides an overview of augmented reality and its myriad applications, highlighting in the process the concerns many of these applications raise for real property owners. Part II then dissects a number of different property law theories and illustrates how rights to augmented reality—specifically rights inhering in the owner of the corresponding parcel of land—fit comfortably into each one. Finally, Part III analyzes case law supporting the recognition of this new property interest, focusing in particular on the ancient ad coelum and much more recent cyberproperty lines of cases. Part IV offers a brief conclusion.

Red-Handed Without a Defense: Limiting the Risk of Real Property Forfeiture When Leasing to Lawful Marijuana Tenants

The distribution and sale of marijuana is a federal crime; however, in 2009, the United States Deputy Attorney General issued a guidance memorandum that led many to believe otherwise. The memorandum, discussed in Part IV of this Article, stated that federal enforcement of state-level and other otherwise legal production, distribution, and sale of marijuana would become low priority. Many misread the Memo as a green light to begin large-scale marijuana production, failing to realize that state and local laws permitting marijuana activity would not be a defense to federal prosecution. Indeed, property owners who lease to marijuana-related businesses not only continue to be subject to penalties under the CSA, but also run the risk of subjecting their leased property — be it a retail storefront, industrial space, or arable land — to civil forfeiture.This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements in states with regulatory frameworks in place have lured marijuana-related businesses from the shadows, leaving property owners unable to meet the requirements of any statutory or common law defense to civil forfeiture. Part II of this Article discusses the history of civil forfeiture, focusing on the origin of the guilty property model and its introduction to America. Part III will introduce modern civil forfeiture statutes, their legislative history, and rationalize the government’s use of civil proceedings over criminal proceedings before explaining the forfeiture process. Part IV briefly narrates marijuana’s long history of legality in the United States before discussing its controlling federal statutes. Part V of this Article reveals the possible consequences of leasing property to marijuana-related businesses; the focus then turns to the unavailability of suitable defenses for real property owners who lease to LMTs. Part VI briefly describes the inadequacies of boilerplate provisions currently in standard lease agreements and suggests respective lease modifications property owners should be prepared to discuss with counsel and negotiate with prospective LMTs. Lastly, this Article concludes by reminding property owners that despite marijuana prohibition’s significant progress over the last few years, it could all be undone when the next president takes office in 2017.

Red-Handed Without a Defense

Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements in states with regulatory frameworks in place have lured marijuana-related businesses from the shadows, leaving property owners unable to meet the requirements of any statutory or common law defense to civil forfeiture. Part II of this Article discusses the history of civil forfeiture, focusing on the origin of the guilty property model and its introduction to America. Part III will introduce modern civil forfeiture statutes, their legislative history, and rationalize the government’s use of civil proceedings over criminal proceedings before explaining the forfeiture process. Part IV briefly narrates marijuana’s long history of legality in the United States before discussing its controlling federal statutes. Part V of this Article reveals the possible consequences of leasing property to marijuana-related businesses; the focus then turns to the unavailability of suitable defenses for real property owners who lease to LMTs. Part VI briefly describes the inadequacies of boilerplate provisions currently in standard lease agreements and suggests respective lease modifications property owners should be prepared to discuss with counsel and negotiate with prospective LMTs. Lastly, this Article concludes by reminding property owners that despite marijuana prohibition’s significant progress over the last few years, it could all be undone when the next president takes office in 2017.

登記請求權과 事實上 所有者

登記請求權과 事實上 所有者