Spring-Summer 2018

Volume 45, Nos. 1-2

FEATURE ARTICLES

By Heather M. Olson

On February 6, 2018, the Uniform Commercial Real Estate Receivership Act was signed into law in Michigan. The Act, MCL 554.1011 et seq. (2018 PA 16), which took effect on May 7, 2018, codifies the Michigan Court Rules previously established by the Michigan Supreme Court related to receiverships and further expands upon them to bring more clarity, uniformity, and predictability to the receivership process.

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By Ken Bauman

The courts have invented entire branches of property law through equitable remedies that exist solely to resolve issues that the parties could not address statutorily or in contract. These include doctrines such as easements by necessity, scrivener’s errors, constructive trusts, and equitable mortgages. Reciprocal negative easements are one of these archaic remedies that continues to be used today. As with any ancient tool, it is worth reexamining the utility of negative reciprocal easements in order to determine if these are still the best method to preserve the rights of property owners.

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By Joseph A. Doerr

Short-term vacation rentals have been around since people started to vacation. But with the rise of websites such as Airbnb and VRBO, the visibility and popularity of short-term rentals are surging. Many Michigan municipalities dealing with complaints from its citizens are addressing if and how they should regulate short-term rentals. Few would disagree that tourism is great for Michigan. It brings in millions of out-of-state visitors and billions of dollars every year. But communities fear that short-term renters or “transients,” as they are labeled by Michigan courts, will adversely affect their neighborhoods by causing overcrowding, parking problems, excessive noise, or even crime. Some individuals with deed restrictions attempt to stop their neighbors from renting properties by filing lawsuits based on the restrictive covenants. Communities also get involved by passing ordinances to regulate or even prohibit short-term rentals.

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By Susan K. Friedlaender

Over thirty years ago, in the midst of a seven year judicial odyssey regarding whether local government could have liability for the temporary regulatory taking of property, Williamson County Regional Planning v. Hamilton Bank [1] erected what would eventually become an insurmountable barrier to filing an “as applied” federal takings claim under 42 U.S.C. § 1983 in federal court. In that case, the U.S. Supreme Court devised two ripeness rules that had to be satisfied before the landowner could state a cognizable takings claim in federal court. This article focuses on the second ripeness test, known as the state litigation rule, which requires that the land owner first seek and be denied just compensation in a state court proceeding to ripen an as-applied federal takings claim.

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COLUMNS

By Michael Luberto, Chair and Karen Schwartz, Administrator

Forty-Third Annual Summer Conference

July 18–21, 2018
Great Lakes, Great Times: Michigan Real Estate from the Mountaintop
Crystal Mountain, Thompsonville, Michigan

The 2018 Summer Conference was a great success. We had over 140 registrants plus their families attend. The section thanks C. Lynn Sagar, First American Title Insurance Co. and Brian P. Foley, Dickinson Wright for planning this dynamic and thought-provoking conference. Pictures can be found on the Section’s Facebook page.

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COLUMNS

By Melissa N. Collar

My year as Chair has flown by. Time and time again, I have witnessed firsthand how impressive our 3,600 member Section is when put into action. Here is just a small sampling of the great things your fellow members are doing.

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By Catharine B. LaMont

The Section is active in the legislative process in a variety of ways, such as appearing before House and Senate committees, lobbying for and against bills, and monitoring legislation of interest to real estate lawyers. Before taking a formal public position for or against a bill, the Section follows procedures specified in its bylaws, and members with an interest in particular legislation should bring it to the attention of members of the Section Council or the chairs of the Special Committees listed on the Section’s website. Policy Positions of the Section can also be found there. This article provides a report of the year in review designed to inform Section members about new legislation affecting real property. The following are the bills of interest that became law after November, 2017.

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By Catharine B. LaMont

The Section is active in the judicial process in a variety of ways, such as preparing amicus curiae briefs and monitoring cases of interest to real estate lawyers. This Article provides a quarterly report designed to inform Section members about the Section’s efforts to maintain the integrity of the law and to advise Section members about published decisions that may affect real estate practice.

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