Assessment:
The course grade will be based on a final exam.
Class participation is required and may be used to lower a grade by a -. All students are expected to come prepared for every class.
To help both students and the instructor evaluate progress and understanding of material, question sets for most days are posted on my website. Students who are called on are expected to come to class prepared to discuss the questions.
Reading Materials:
Casebook: Dukeminier, Jesse and Krier, James E., Property, Sixth Edition, Aspen Publishers, 2006.
Electronic Reserve: Selected Readings
Course website: Question Sets
Electronic Reserve:
http://db.lib.uidaho.edu/ereserve/by_course.php3?subject=44
Selected Readings
Property II Assignments:
The following assignments may be changed at any time. Changes will be announced in class or posted on the website.
Land Use Controls: Judicial
January 13, 20: Nuisance
Casebook: 637-666
Question Set: #32
Question Set: #33
Optional Reading: Property Stories: Spur, pg. 259
January 15: class cancelled
Land Use Controls: Private
January 20, 22: Easements: Creation of Easements
Casebook: 667-709
Question Set: #34
January 22, [Jan. 23 Make up, 3:30, room 103]:
Assignment of Easements
Casebook: 709-716
Question Set: #35
Scope of Easements
Casebook: 716-725
Question Set: #36
January 27: Termination of Easements, Background on Conservation Easements
Casebook: 725-740
Question Set: #37
January 29: Introduction to Covenants
Feb. 3: Covenants that Run with the Land
Casebook: 740-750 for Jan. 29, 750-766 for Feb. 3
Recommended: Property Stories: 301-322
Question Set: #38
February 5: Speaker Conservation Easements
Archie George, Charles Graham,
No assignment, but review pages 738-740 to place these types of easments in context with what we have covered.
February 10: Scope of Covenants
Casebook: 773-786
Question Set: #39
February 12:
Termination of Covenants
Casebook: 786-798
Question Set: #40
Common Interest Communities
Casebook: 798-819
Question Set: #41
Land Use Controls: Legislative Zoning
February 17: Introduction to Zoning
Casebook: 821-841
Property Stories: 323-346
Question Set #48
Optional Reading: Property Stories: Euclid, pg. 323
February 19: Statutory Construction
Fair Housing Act: http://www.usdoj.gov/crt/housing/title8.php
Justice John Paul Stevens "The Shakespeare Cannon of Statutory Construction" 140 UPALR 1373 [available on Westlaw]
February 24: The Non-Conforming Use
Casebook: 841-849
Question Set #49
February 26: Achieving Flexibility
Casebook: 849-862
Question Set #50
March 3: Review Questions: in-class work session
Review questions will be handed out in class and approach to answering discussed.
Nuisance
Easements
Covenants
Zoning
March 5: Speaker: Planning and Zoning in Moscow
Bill Belknap: Moscow Community Development Director
March 10: We will go over Review Questions from March 3
March 12: Introduction, Brokers, Statute of Frauds
Casebook: 453-472
March 16-20: Spring Break
Land Transfers
March 24, March 26 : The Contract for Sale
Casebook: 472-509
March 31: The Deed
Casebook: 513-532
April 2: Tour of Latah County Records Office
In preparation for a title search assignment, you will split into two groups (roughly 25 in each) for a half hour tour of the Latah County Records by Stacey Chapman, Latah Co. Deputy Recorder. One group will go at 9:30, one at 10. Her office is located at the Latah County Courthouse, 522 S. Adams, Moscow. Your title search will be explained in class, half the class will do their search the week of April 6, the other half the week of April 13.
Public Lands
April 7: Introduction
TWEN:Public Land/Coggins
Coggins, Wilkinson and Leshy, Federal Public Land and Resources Law pp 1-32
April 9: History
TWEN: Public Land/Coggins:
Coggins, Wilkinson and Leshy, Federal Public Land and Resources Law pp 39-61, 111-112, 121-126, 140-148
April 14: 1872 Mining Act
TWEN: Mining/1872 Mining Law
Coggins, Wilkinson and Leshy, Federal Public Land and Resources Law pp 428-431, 436-441, 450-457, 467-477
April 16: 1964 Wilderness Act
TWEN: Wilderness Act
Coggins, Wilkinson and Leshy, Federal Public Land and Resources Law pp 1148-1171
Indian Lands
April 21:Speaker
Julie Kane, legal counsel for Nez Perce Tribe
April 23, 28:
TWEN: Indian Lands/Getches
Getches, Wilkinson and Williams Federal Indian Law pp 1-37
129-132, 142-153, 165-175, 191-199.
April 30: Review
End of Law Classes
* Thanks goes to Professor Mike Blumm of Lewis and Clark Law School for generously sharing his approach to teaching Property including the Questions Sets, with minor modifications, used here.
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