Publication Date

Fall 1994

Journal

Connecticut Law Review

Abstract

The first Restatement of Servitudes, adopted by the American Law Institute fifty years ago, largely ignored public law issues. Because condominiums were largely unknown and homeowners' associations were in their infancy, the Restatement did not discuss, let alone resolve, the problems that arise when property owners create governance structures by private agreement. Similarly, the Restatement accorded no special treatment to the problems that arise when government, as landowner or as regulator, enters into servitude relationships.

The current Restatement has remedied these omissions. Its not yet completed chapter on Property Owners' Associations has already received considerable attention. Less noticed, however, have been other changes which affect, directly or indirectly, the ability of governmental or public entities to acquire servitudes. I will focus on two of these changes: first, Section 2.18's express provision for acquisition of servitudes to benefit the general public, and second, chapter five's relaxation of succession rules, which may make it easier for governmental entities to use servitudes as a regulatory tool.

Volume

27

Issue

1

First Page

157

Last Page

182

Publisher

University of Connecticut School of Law

Keywords

Prescription, Practice of Medicine, Legal Analysis and Writing, Israel

Disciplines

Law

Comments

Gallivan Conference

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