Property Law and Real Estate Books

This is a phenominal read for any thinking person with a general knowledge of American History and an interest in technology, politics, and science. It is the story of the measurement of the continental US - starting with the application of the instruments and techniques of Europe to the mountains, forests, swamps and plains of the American Repubic - and of the development of American technology and standards to meet the needs - and the story of this land measurement overlaying and contending with the existing land measurement systems of the other colonizers. It is a story of personal heroism of the explorers and surveryors in marking out a continent and transforming the wilderness into cities and farms, the story of greed and claim jumping, the story of how the law learned to cope with all of the issues. Seldom is a book interesting both as to science and technology and history and people at the same time, but this work is fascinating on every page. I've never seen anything like it other than Boorstein's The Discoverers.

Linklater's book is a very easy read but is obviously done, not by a historian, but a journalist interested in history. Many historical inaccuracies appear in the book that would not have appeared if there had been anyone checking for accuracy. Linklater states that there were three original signers of the Declaration of Independence (there were 5), a major mistake that should have been caught. Another is the fact that he doesn't know one Native Indian tribe from the other and misquotes his sources, when he bothers to note them. Writing a book on both history and science requires that the individual writing such a book should at least have someone double checking his or her accuracy. There is no or little documentation of where he gets his sources. His sources are mentioned by page number at the end of the book and you have to guess which quote or information is being referenced. No end notes or footnotes exist. As a historian, I have no idea whether or not the scientific end of this book is just as flawed or not, but does make it slightly suspect.

However, Linklater gives an excellent representation of the times, the people involved and the places in surveying and laying out the Trans-Appalachian West. His character portraits are interesting to read, giving people like Washington, Jefferson, and less known persons such as Masseneh Cutler and Ferdinand Hassler a human look to the reader. The writing is in narrative format and not difficult. In fact, it's probably the only book that will actually have the non-scientific reader understanding what all the various confusing measurements mean! Linklater is a good author, he just needs to have someone go over his facts a bit more strenously and get a better format for his research and his book.

In his book Measuring America, Andro Linklater does a very good job at surveying the history of land surveys in Europe and the United States and the reason why the length 22 yards is so darn important. Starting in England with the end of feudalism and the beginning of private land ownership, Linklater eventually crosses the Atlantic and focuses on surveying and private land ownership in the expanding United States of America. The author shows that the Gunter's chain, a 22 yard surveying instrument, is the only constant measure through hundreds of years of Western Civilization and has left its mark all across America as the basis of our public land surveys. I know this all too well - the high school where I teach sits on a 40 acre square [well, there is the little piece across the street added later for the farm, but the original campus is 40 acres] or 440 yards by 440 yards [20 chains by 20 chains]. This area is also a ¼ of a ¼ of a section in the US public land survey and is squared off with sides running exactly north-south and east-west. It makes it easier to teach about maps and directions, but imposing squares on an undulating landscape has always seemed against our better knowledge of ecological principles. I think my biggest gain from reading Measuring America was learning of a reason to feel better about all the squares - Linklater makes the case that the squares are more democratic. I wish Linklater had tied all his important points together more tightly and hence the 4 star rating. Measuring America is quite an education and well worth the read.

The new United States ran up a huge debt during the War for Independence. In the days before income taxes, the government turned to selling off federal lands to pay it down. But until lands were surveyed, they couldn't be sold. The need for funds was urgent, so surveys had to be completed quickly. The expedient solution was to use grids based on the 66-foot Gunter's Chain, ignoring natural features such as mountains and rivers. Today, the layouts of Cleveland, Chicago, Salt Lake City and Portland, Oregon--in fact most cities west of the Ohio River--owe the orientation and spacing of their street grids to an army of surveyors dragging their standardized chains behind them. The social impacts of this process are unexpected: Rampant land speculation and manipulation for one; Social isolation of Midwestern farming families for another.

Along the way, we learn about the struggle to resolve confusion over measures: In 18th-Century England, bushels could be of eight different sizes, each filled in either of two ways--heaped up or struck off level. Standardization was needed, but the opportunity to decimalize was missed, leaving the United States as the only non-metric country today. The default surveyors' standard used was the chain--because of tradition, not by conscious choice. Our 640-acre sections and our quarter-acre suburban lots are all based on this 400-year-old measure.

This wonderfully detailed book is about much more than measurement. It explains the novel idea that property can be bought and sold--a concept that came to Europe much later. It demonstrates how much of the vitality of the young United States came from opportunities provided to its citizens through acquiring land.

Informative, interesting, very readable and highly recommended.

This book was quite interesting for me, a Surveyor, to read. It explored the sociology of measurement, as well as the history of the standardation of measurements in the world, particularly the US. It had a heavy focus on land division, and how the US public lands system was formed. I have recommended it to every Surveyor that I know who is interested in history.

If I recall, the author got his inspiration from flying over the mid-west and wondering why everything was squared off.

i love this book!!! personally my favorite people in history were the vikings and the japanese. i got so much info from this book that i found 12 mistakes in my textbook. i still read it today and it never gets old. on stormy nights i read it untill the storms over. you will like it too!

This seires of books are the best history books I've ever read. I am 12 years old and I still use these books to suprise my teachers(Did you know pyramids contained toilets). I read these books over and over again. These books are the best you can buy for all ages, American or English.

I must say that my kid is sort of an expert on the medieval period and enjoys anything also about the Vikings. This one even got his sister hooked and she is no history lover. The descriptions are fun and the tidbits are wild...your child will enjoy it!!!

I am a big fan of this series and own tons of them. I am a history buff and also love comics and this book has both. If you are looking for a book that is easy to read but is also very fun to read, buy a horrible history. Terry Deary makes a bunch of facts about vikings into a very fun book. The comics are really funny and have great bits of puns and sarcasm. These books are designed to make history fun for people who don't like history. If I hadn't loved history before I picked up one of these books, I sure would love it now.

Have a hankerin' to know more about Vikings? Check out "The Vicious Vikings" one of the horrible histories series.

Horrible history books are geared towards kids but are filled with tons of fun and interesting facts about the periods in question. In this case.... Vikings! From clothing to food, you learn more (than you wanted to know), about Norsemen...The illustrations by Martin Brown are great, and Terry Deary's writing is quite entertaining. 5 stars for a fun and amusing read. 5 stars all the way!

I had to study for the RE exams and this was a big help. I downloaded it on my Ipod and whenever I am on the bus or train or relaxed I would listen to it. I did pass my RE exams on the first try.

Recommended by a highly respected RE instructor for my broker class as being the best book of its kind - well worth the puchase - easy to read; will be a much used desktop reference for all aspects of real estate transactions.

As a community college real estate instructor, and as the book review editor for a national real estate magazine, I read a lot of real estate books. As a writer myself, I do a lot of research. In the reference category, this book is number one on my list. As I said in my review of a previous edition of the book: "I never leave home for the classroom without it." If you are enrolled in a real estate licensing class this book will be particularly valuable to you, since you're essentially learning a new language - the language of real estate. The feature that makes it particularly valuable is the fact that when it defines a term, it gives references to all related terms in the book. By the time you review them all, you'll have excellent insight into the topic. The primary author, John Reilly, has a background as an attorney, real estate professional, educator, and author. The co-author, Marie Spokek, is a nationally know real estate educator. In my office I have a special shelf above my computer for the real estate books to which I refer the most often. This book occupies a prominent spot. Dr. Ken Edwards, Book Review Editor, The Real Estate Professional magazine.

This book was required when I took that first real estate course you need to get your license. (I chose not to get my license since I'm just an investor. Not exactly relevant, but it tells you the kind of person I am and my perspetive as a reviewer.) I'm thankful because it made that course much easier. I've since taken many courses and read many real estate contracts and this book has helped me through everything.

It's like a dictionary except the explanations vary in length from a couple lines all the way up to several pages. As others have mentioned, I really value the many relevant cross-references each entry includes. It allows you to get a fuller picture of something you look up because it allows you to look up similar items or related topics. It's fine to know the definition of something, but sometimes, what's really useful is to compare it to something similar so that you have a context for how to distinguish between the two. As a simple example, if someone was offering something as tenants-in-common and you looked it up, you might think, "okay that makes sense," but unless you compare it with tenants-in-partnership or joint-tenants, you really don't know what you're dealing with.

Some people are complaining because the book has Spanish translations. I assumed it was some new edition that had added these. Nope. I just checked and mine has it too. It doesn't detract from the book at all. I hadn't even noticed it. And the Spanish-English appendicies are only 15 pages out of 468 total. What's the problem? That's probably a useful tool if you're from Texas or Calfornia, like the author.

Anyway, this is the second most often used reference book I own. (Second only to The Synonym Finder by Rodale, an awesome alternative to a thesaurus.)

This book was great. I just passed my real estate exam and the book was a great reference for those subjects that were not clear in the classroom. I will be able to use this book throughout my real estate career. Well worth the money!

Keep in mind, this is a text book. Not a ,"How To Get Rich in Real Estate", technique. Having graduated from Purdue Cal with an electrical engineering degree, I read text books for enjoyment as often as any other type of book.

This is a great one. I took a real estate class in Chicago that used this book in their six day crash course in which we went through it cover to cover. I was able to subsequently pass my RE exam and recieve my salesperson license.

If you have a mathematical background, you will find the methods of solving math problems in this book to be a little on the childish side. They assume virtually no knowledge of algebra or applied math solving skills. But this is a plus for people who have a fear of applied math problems.

The information in this book about the 'nuts and bolts' of the real estate profession is right on the mark. It is easy to read and the questions at the end of each chapter are at times challenging but solvable by using the information presented in the book.

I truly enjoyed reading this text. I have often browsed through this book since recieving my license in 2006.

Volumes have been written on the topics of each chapter. This book is an overview. However, I don't think it's an exaggeration to say that if you know this book inside and out, you'll be on par with most practicing real estate agents in the field.

After giving up my RE license a couple of years ago, I decided to try and get it back. This is a great book, with lots of information that you both need to know and things that are just plain fun to know. I read the book and used the accompanying CD, tested, and passed on the first try. I'm not sure I could have done it without such a comprehensive book. Highly recommended (but be sure and ask which book, and which version of the book, that local instructors use to teach RE principles and practices before purchasing)

After comparing other study guides, Modern Real Estate Practice is by for superior. All the information is in a reader friendly format. The real estate math is made simple. The DVD testing is awesome. I would recommened this study book to anyone considering a real estate career.

Using this reference guide along with the materials supplied in my real estate class I was able to pass the examination for the real estate sales person license on the first attempt.

I did not give it 5 stars because the CD with sample exam questions that comes with the book is not compatible with MACS - something you don't find out until after you buy it!

I am a FSBO/investor looking to gain a better understanding of the specific issues. The book provided a practical, no-nonsense approach. A real estate agent friend of mine recommended it since he used it in his pre-licensing class. Nice job!

This book has a lot of valuable information that you can use immediately. It has tear out forms and electronic forms which made it very easy for us to tailor the forms to our needs. I highly would recommend this book for any one looking to understand the basic rights and responsibilities of a landlord.

We purchased some rental property last year and within 2 months I was having to do an eviction.
I purchased both The California Landlord's Law book: Rights and Responsibilites and The California Landlord's Law Book: Evictions.

These were both excellent books. Easy to read and understand. Completely helped me with the eviction process (first one that I ever had to do).

I highly recommend these books to anyone who is thinking about becoming a landlord or is currently a landlord that manages their own property. They give you alot of information about what rights the tenants have and what rights you as the landowner do not have.

I purchased this book on the recommendation of a friend and I am so glad I purchased this book. It answered all of my questions and more. It is easy to read and well organized. I am a first time landlord and I feel I am in good hands with this book. The forms this book provides are also impressive, from rental agreements, to rental applications, it covers everything you can think of and does it extremely well. I cannot say enough good things about this book.

This book is a must for anyone who is a landlord. It has everything, including forms. It goes over everything a landlord needs to know, before, during and after renting out a property. I highly recommend this great book.

This is a great book for the residential landlord. It covers every aspect of what the typical landlord might face: from screening tenants, maintaining the place, returning the security deposit and evicting dirty rotten lease breachers.

The book is well formatted and easy to read. There is a section that covers every city that has rent control (something that I wasn't able to find anywhere else). But most importantly, it has lots of practical advice on the business of being a landlord--it is not just dry, legal stuff.

The book contains dozens of useful forms in three formats: paper (tear out sheets), .pdf and .rtf. The rtf forms are great because you can type everything, modify the form to meet your needs and end up with a clean document. But why not include .doc format documents? Word is such a popular word processing program, that .doc format should be included.

This book is focused at the small landlord facing typical situations. It is not a treatise on California landlord-tenant law.

The other commentator who had a tenant pay the first year rent in advance had a tenant that comes along once in a blue moon. To criticize this book for not covering this rare event is like criticizing Cosmopolitan magazine for not covering the Middle East. And every attorney is going to tell his/her client that form books are out of date--to do otherwise would put the atty out of business.

This item was in wonderful condition, bought used, but looked brand new, with a prompt delivery.

Originally, I bought this for a class in college and it remains one of the few texts that I kept. I was studying economics and had always imagined that I would go to law school some day so I took this class. The result was I went back sooner and fell in love with concept of looking at law through an economic lens. To this day, I will pull this book down from the shelf to rethink about a question using the tools this book provides.

The best part about this book is that is not overly complex or attempting to over simplify. Rather, its beauty is found in Cooter & Ulen's use of a well-timed example, beautifully simple diagrams, and realizing that this book is only an introduction to a controversial and complex subject matter. If you want to read Judge Posner's treatise I highly recommend it, but if you want to begin to understand why Posner and those like myself argue for this type of analysis-start here.

This book is expensive, but I would buy it again. If you're even remotely interested in this beautiful hybrid of human though, I strongly recommend you buy this. If you have to buy it for a class as I did, I would hold on to it and read it again without an eye toward the exam. I know it will be a good beer resale at the end of the semester, but I think in the long-run you'll be glad you kept it.

In a sense, this book is quite curious. Because law and economics is a discipline in its infancy, a book of this nature has to tread the fine line between serving as a distanced text and engaging in the dialogue of current research. And in both respects, Cooter and Ulen do a magnificent job of doing just that.

Law and economics is a branch of jurisprudence that aims to frame legal questions in terms of economic efficiency. While some maintain that legal questions can purely be reduced to economic ones, Cooter and Ulen take - rightly, in my view - the more conservative stance that economics can describe at least part of the legal question. It turns out, however, that the methodologies presented in this book are useful in reducing most legal problems to ones of economic efficiency.

This is a textbook for beginners. It presupposes virtually no knowledge on economics or law -- a brief synopsis of microeconomics and English common law system is presented at the outset. The rest of the book utilizes economic methodologies in analyzing legal problems of property, contract, torts, common law and criminal law.

However, there is a caveat. As law and economics is a burgeoning and diverse field, many important details are omitted. Most notably, the distinction between different schools of law and economics is saliently missing. This book adopts the "Posnerian" or "Chicago" school of law and economics; that is, analyzing legal questions using the framework of wealth maximization. This scaffold is one of many schools of law and economics, including the "Virginia School" and the "Rochester School."

Taking this into note, however, does not mitigate this book's clarity or exposition. This is a solid although incomplete introduction to law and economics. Recommended.

The book arrived really fast. It is brand new as promised. I am very satisfied.

This is a nice textbook. If you're looking for a good introduction to the field of law and economics intermediate between Mercuro/Medema's _Economics and the Law_ (low brainstrain) and Thomas Miceli's _Economics of the Law_ (high brainstrain), this one is a good choice.

One of the things I especially like about Cooter and Ulen's approach is that they are careful _not_ to reduce law to economics (or vice versa, for that matter). Their claim is simply that law and economics have a lot to learn from one another. And this claim is hard to argue with, no matter what other criticisms I might make about some parts of the law-and-economics movement.

For example, people who work with the law may tend to think of law as a means (solely) of securing justice, unaware that law also provides a complex structure of what economists would call "incentives" which promote what economists would call "efficiency". On the other hand, economists may tend to take for granted the existence of such institutions as property rights and contracts, and the meaning of such terms as "voluntary." These things are not as simple as they appear (as any first-year law student could tell you, although lots of "pop libertarians" probably couldn't), and legal scholarship has developed a lot of machinery for dealing with them.

So this textbook, after a short opening chapter, devotes two not-overlong and altogether mainstream summary-and-overview chapters to, respectively, microeconomic theory and law. This means that a reader from either discipline can learn the basics of the other before proceeding to the meat of the analysis.

Then the real work starts. Cooter and Ulen do a thorough job of presenting, in a readable and accessible manner, the basics of the economic analysis of the law of property, torts, contracts, legal procedure, crime, and all the other neat stuff on which the law-and-economics movement has based its reputation -- i.e., the application of economic theory to the study of law beyond the traditional bounds of, e.g., antitrust and other areas of law directly concerned with economics.

It's designed to be eminently readable. Judgments like the one I'm about to render are notoriously subjective, but overall, the text strikes me as a good mix of clear expository prose, a well-chosen range of helpful examples, sound theory, and audience-appropriate mathematics (algebra and graphing). More advanced texts -- e.g. the aforementioned Miceli, and _Introduction to Law and Economics by A. Mitchell Polinsky -- are harder to read than this one unless you've got some math background. (Polinsky doesn't actually _use_ all that much math, but I think readers without some mathematical experience will find his book more difficult reading than this one.)

References abound; every chapter closes with at least a handful of them. So the text also doubles as a bibliography and introduction to what is rapidly becoming a vast literature.

If you're introducing yourself to the field, this book is a good investment. If you have a sufficiently strong background in mathematics, you _may_ be able to start with either Miceli or Polinsky (or both) and give this one a pass. But you'll miss a lot of helpful introductory discussion.

Besides, this book has been something of a classic in the field ever since it was first published. If you have any interest in this field at all, you'll probably want to pick up a copy eventually.

(It will probably _not_ help you much in law school, by the way, at least in the beginning. If you're just looking for an introduction to law and economics sufficient to get you started as a law student, I recommend Mercuro/Medema. You can go on to Posner and Landes and Shavell and Calabresi and the rest of them later.)

Our children want us to keep the beach house in the family. This terrific book explains how to do it and how to avoid fights and bad feelings among the children after you are gone. We still had a lawyer draw things up, but this was an enormous help to us. We bought copies for each of the children and have recommended it to friends with vacation homes.

Good basic introduction, with good insights into the issues that need to be understood and addressed. Tends to be repetitious, and is strong on advocating LLCs (limited liability companies) as the best way forward. Would have been more useful if additional material had been presented on alternative solutions (trusts, corporations, etc.). Would also have been more helpful to have explained the different elements that should be included in LLCs (the elements are listed in an Appendix) in more detail. Bibliography and notes provide a good basis for more research.

All in all, well worth the investment -- learned a lot. Would give it an extra half star (3.5), had it been possible!

This book is a great resource for familites who want to try to keep a family second home over multiple generations. Wish we had read this before putting our family property in a trust- after reading it, we will probably be changing to an LLC holding entity instead! Heartily recommend this book, we got 2 copies and are passing it around.

My wife and I have been wrestling with how to make sure our cabin can stay in the family. This books discusses all the issues and helps you think about the way you would like to manage your cottage in your estate.

Very Informative!

This is a good little book. It is well worth the read for anybody interested in estate planning. People who have a cottage, a vacation home, a farm, a retreat or some other form of real estate that the family tends to enjoy should read this book if they want to keep that property IN THE FAMILY for generations to come. And attorneys that do estate planning work would do themselves a favor to read this book so they can provide the best legal help possible when providing their services. This book is not a form book, but it provides enough information on the topic that any competent attorney can put together the appropriate Operating Agreement templates in order to carry out what this book explains is possible.

I must say I think the author is to be commended for writing this book. Clearly it is a marketing piece for his law practice. But it is not just that - it provides provides value in a niche that has not been written about before. The book is broken into four parts:

I. Cottages at risk (1-3)
II. Choosing the right path (4-7)
III. Cottage plans in action (8-14)
IV. Creating a cottage legacy (15-16)

And the book is comprised of 16 chapters:

1. Trouble in paradise
2. Avoid the worst: A partition parable
3. Plan for the best: Cottage succession goals
4. How to plan helps save the family cottage
5. No plan? Then 600-year old law controls the cottage
6. Other animals in the property law zoo
7. Short-term solutions
8. Choose the right legal entity for your cottage
9. Welcome to the club
10. When and how to organize the Cottage LLC
11. The cottage safety valve
12. Cottage democracy
13. Scheduling and use
14. Renting the cottage
15. Minimizing the federal tax bite
16. The ultimate gift: A cottage endowment

I found the book a bit repetitive. It was not tightly written. I would have enjoyed it a lot more if the problem of partitions had been stated once up front, and then the book could have moved on. Instead I kept hearing about partitions throughout the book.

In estate planning there is much written about how it is nice to put your major assets in a living trust so the courts (probate court) cannot get involved in the estate settlement process. Whenever courts have to get involved in a matter there is such a loss of control by the litigants. In the instant book, the author explains that it is nice to put your cottage, vacation home, or family retreat into a Limited Liability Company (LLC) so family squabbles down the inheritance line typically won't be mediated by the courts. The other nice thing if the Operating Agreement is drafted well is that there probably won't be family squabbles. What the author proposes is really a good idea. When the original owner of the cottage dies, the beneficiaries of the estate will take title to membership interests in an LLC, not ownership interests in real estate. As a result, partition of real estate interests is not an option in a dispute. 4 stars!

Ordering directly from amazon saved money, and the book was in brand new and great condition.

Some stuff seems archaic, but some other stuff kind of difficult to decipher, but pertinent.

easy to read book, have examples. only thing is if you need it right away, spend them money for shipping. i got the free shipping but it awhile before i got it.

This publication covers a preponderance of topics to provide objectivity to what can be a highly subjective matter. Concepts and principles are delineated in meaningful ways and the applications are expounded upon.
A must for all persons involved with land management, use, development, and preservation.

While preparing for my licensing exam, I read this book from cover to cover. It addresses every principle of retracement (sequential and simultaneous conveyances), public lands, and riparian issues thoroughly. The highlighted "principle" at the heading of each new topic makes remembering the main points simple. I can honestly say that every question on the NCEES exam that dealt with general principles and practice was answered in this book. I passed on my first sitting, and this book was one of the main reasons why. If you can only study one reference, this is it. Every practicing surveyor should also refer to it regularly.

my mother is dumb as bread and somehow she still understood this pook, its a miracle, i highly suggest it..

pass the New York State Real Estate Salesperon exam. Using this textbook, I taught the Real Estate Salesperson course 2005-2006, in a New York city firm four times, with 19, 26, 7, 18 enrolled. One of these classes has all Chinese students. They hardly speak English. They need to use Chinese dictionary to translate the buzzwords. Yet, two people passed the English text, and got their NYS Salesperson license! I trust they are closing deals in Manhattan now.

I highly recommend this book for those of you who are taking Real Estate classes and also first time home buyers. Edith Lank gives a clear understanding of each chapter; there's also a practice exam after each chapter. This book is my bible for Real Estate!

I bought this book for a class I am taking at a local college, in preparation for the NYS R.E. Salesperson's License.

The author, Edith Lank, does an excellent job of explaining all the industry terminology and gives a clear and thorough treatment of the subject.

I recommend this book for anyone interested in learning the basics of real estate practice.

I am in the middle of New York's prerequisite course for the Dept. of State exam. In searching for an acceptable school I became aware that hands down all the schools I engaged used Edith Lank's Mod R E Practices in NY (8th ed.) as the classroom text.

As far as it's readability, it is indeed a textbook, and reads that way. Pertinent areas are of the text are in a light blue to punctuate their importance ( I think I would have used red myself). These areas have mostly coincided with what the teacher asks you to highlight as important Exam points. Also, there are questions at the end of each chapter to reinforce the points of the chapter. A reasonable amount of time is spent on basic math concepts (algebra and geometry) if you paid attention in High School you can glean this chapter. The general topics include:

Deeds
Mortgages
Basic Finance
Liens
Easements
Laws of Agency
Contracts
Closings
Estates and Interests

Some of the students in the class complained that it uses too much legalese and reads like a Law book. Although this is not a law book per se, it deals with laws and statutes, regulations, interpretations of law, etc. So it should be a little more legalese than other types of reading.

There were a few typos in the main text as well as the Q/A sections. The book reads well enough to prompt me to purchase Lank's Test Prep guide as well, although I do not have it yet After taking the exam I will leave feedback as to the helpfulness of the exam Prep.

In general, I would recommend this book not only to those studying to be an agent, but for first time home buyers as well. The downstate region of NY (from Westchester down through Long Island) is different from the rest of the entire Unites States when it comes to Real Estate law and practices/customs. The information contained therein will help in knowing what your options are and who is working for/against you in the transaction. Or if you are just an information junkie, this is a great way to learn about the trade.

Zoning has many critics, but none has stated the case for its abolition more clearly or forcefully than professor Siegan.

For a complementary perspective, I recommend economics professor William A. Fischel's 'The Homevoter Hypothesis' (2001)

In the last 25 years, I have watched in fear and amazement as the socialist inclined citizens use governmental bodies to effectively steal property or partial property from fellow Americans with what appears to be impunity. This book was the first one, I have ever read which legally explains how this tragedy occurred and how we may have a glimmer of light to the eventual turn around. This book sheds more truthful insight into the legal issues and ramifications of court cases than anything you will ever hear in the media or even from the local legal councils of our governing bodies.

As a First-year Law Student, I needed supplementary reading as I began preparing for my Property final. Zoning and Takings were especially confusing, until I read Siegan's "Property and Freedom." Siegan lays it out in plain, simple terms. He cites the leading cases dealing with land use regulation, and relays the "black-letter law" applicable to different situations. Also included is Siegan's interpretation of the Constitution's Fifth and Fourteenth Amendments. I highly recommend "Property and Freedom" to all Law Students and legal minds alike.

In his new book Siegan builds on his earlier work, which sketched the ways and means by which complex metropolitan areas can function without zoning, using the still-unzoned Houston as his case in point. "Property and Freedom" combines a review of key Supreme Court decisions of the past twenty years and an extended comparison of housing costs in comparable zoned and unzoned cities. Together, these observations provide the basis for Siegan's core arguments: that those who believe that land-use regulation can amount to a state taking of development rights without adequate compensation can find new support in underappreciated recent court decisions; and that forgoing zoning can be a benefit, not a curse.

As a legal scholar, Siegan is, in effect, providing a road map of precedents for those who would seek to put chinks in the armor of the zoning that surrounds development in the United States today. A series of Supreme Court decisions beginning in 1987, he asserts, has greatly strengthened the hand of those who would view land-use legislation as an uncompensated legal taking, barred by the Fifth Amendment. Based in the Court's rulings in cases such as that of a South Carolina shoreline-property owner effectively denied the right to do anything (except, perhaps, pitch a tent) on his beachfront and that of an Oregon plumbing-supply store owner denied the right to expand unless she dedicated part of her land to a public bike path, Siegan charts the Court's application of so-called "intermediate scrutiny"--not the "strict scrutiny" of race-based claims but a heightened level of judicial scrutiny nonetheless and one greater than "minimal scrutiny."

"As a result of [these] land-use decisions," writes Siegan, "protection of the property right now enjoys very respectable stature at the nation's highest court" (p. 113). Effectively, he is urging on others who believe they can show, among other things, that high-minded language about the public interest, used to justify land-use law, may actually mask private interests--including the transfer of benefits from an owner to a community or to those with other plans for the land, without payment. "Legislatures," he writes, "must show justification for imposing restraints and must not act to bar liberty solely as a matter of preference. Their purpose must be to serve a public and not a private interest" (p. 115). Just because some people prefer their recreation in the form of bike-riding (as I, for one, do) does not mean that activity constitutes a public purpose....

Bernard Siegan has provided the raw material to support a full-bore rejoinder to conventional planning wisdom. However, he does not make an integrated historical and legal policy argument himself. One wishes he had done so. The need, as he well demonstrates, is great.

Bernard Siegan, professor of law at the University of San Diego, has been a pioneer in the analysis of government land-use controls. His 1972 book Land Use Without Zoning is a classic. If you want to rock a zoning advocate back on his heels, reading it is the best preparation. He was nominated for a seat on the Ninth Circuit Court of Appeals, but his nomination died in the Senate Judiciary Committee, then firmly under the control of opponents of private property rights and the free market. Judge Siegan would have been a voice of reason on the bench, but Professor Siegan continues to wage war against those who misinterpret the Constitution and promote the folly of government land use regulation.

In Property and Freedom, Siegan brings together decades of work. From the debates over the meaning of the Constitution to the most recent decisions in the land-use field, this is the book to have if you want to be well informed on the issues. (Excerpted from a review published in The Freeman, August 1998)