Property and Estates Law (PROP)   

 

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Number Name Credit Type Offering

PROP7710

Elder Law

Representing clients as they age with a focus on: health care and long term care needs, Medicare and Medicaid eligibility and services; representing clients with diminished capacity and surrogate decision-making options including guardianship; end-of-life, hospice and palliative care planning; estate planning, including financial needs, long term care insurance, strategies to protect assets, protection against spouse impoverishment and support rights, and use of Medicaid qualifying trusts, family law issue in the context of elder law representation, and consumer protection law for older clients.



3

Lecture

in-class

PROP7701

Estates and Trusts

This course studies legal mechanisms for the transmission of wealth from one generation to the next. It includes: intestate succession and special problems of adopted and illegitimate children; protection of the family; wills, their execution and revocation; incorporation of unattested documents; republication and revival; will substitutes; trusts, their origin and nature; creation of trusts; transfer of beneficiaries' interests; termination of trusts; constructive and resulting trusts; charitable and honorary trusts; and policy determinants, emphasizing freedom of testation.



Prerequisites: Property or Property I and II.

4

Lecture

in-class

PROP7704

Land Finance

This course studies mortgage transactions and other aspects of land financing including: financing of subdivisions, condominiums and cooperatives; commercial real estate transactions; secondary mortgages; construction financing and shopping centers; use of leases as a financing device; impact of tax law on real estate financing; financing of low and middle income housing and assistance to private financing in redevelopment; role of various receiverships; truth-in-lending; public sale of real estate securities; syndication and sale and lease-back transactions.



Prerequisites: Property or Property I and II.

3

Lecture

in-class

PROP9709

New Jersey Land Use Practice

This seminar is designed to introduce students to the world of practice before municipal land use planning and zoning boards. The class will briefly review the history and state authorization of land use regulation. Procedural requirements of the practice and jurisdictional pitfalls especially in the areas of the requirements for public notices of meeting, filings and conflict-required recusal of board members will be extensively covered. A substantial portion of the course will be devoted to the nuts and bolts of presenting matters to boards and will deal with such practical topics as: how to determine which is the legally appropriate board to approach; how to obtain (or convince a board to deny) the required relief (subdivision and site plan approvals, bulk variances or use and other (variances); how to prepare a case for presentation including the required legal proofs, and political, timing and related considerations; how to mount effective opposition to an application; and how and when to appeal from an adverse decision. Extensive class participation is expected and students will hear from outside planning, traffic and engineering experts. The grade will be based on writing assignments and class performance.



Prerequisites: Property or Property I and II

2

Seminar

in-class

PROP7707

Zoning, Planning and Land Use Policy

This course is a comprehensive study in governmental land use controls through zoning and planning. Subjects studied include: the validity of zoning and planning; zoning and planning procedures; nonconforming and conditional uses; variances; exclusionary zoning; the Fair Housing Act; regional zoning; and environmental land use controls.



Prerequisites: Property or Property I and II.

2

Lecture

in-class