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Case Citations [i] (Fall 2023)

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                                THE   AMERICAN
                                LAW INSTITUTE



                                      Fall 2023 Citations



                                    PROPERTY



                              DIVISION   3. FUTURE   INTERESTS

                                  PART   1. INTRODUCTION

                   CHAPTER 7. FUTURE INTERESTS DIFFERENTIATED

§ 153. Future Interests Differentiated from Other Property Interests

D.C.App.2022.  Quot. in sup. Taxpayers involved in the purchase and sale of two commercial properties
that were encumbered by ground leases appealed from the District of Columbia's assessment of transfer
taxes on the transaction, alleging that the assessment was improper, because, under relevant statutes, a
substantial portion of the transaction was better construed as an untaxable early termination of the
leases. The trial court granted taxpayers' motion for summary judgment. This court reversed in part and
remanded, holding that the special warranty deeds through which the properties were transferred
included reversionary interests in improvements on the properties, and that such interests were subject to
taxation. Citing Restatement of Property § 153, the court explained that future reversionary interests
were legally cognizable interests, and the relevant statutes were broadly construed to impose taxes on
transfers of interests in real property. District of Columbia v. Design Center Owner (D.C.) LLC, 286
A.3d 1010, 1023.



DIVISION 4. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY
                                         INTERESTS

                          PART   2. RESTRAINTS ON ALIENATION

Introductory Note

Ohio, 2022. Intro. Note quot. in diss. op. Purchaser of subsurface mineral rights in real property from
nonprofit organization, which had acquired the property through a conservation grant from the state
public-works commission, sued commission, seeking a declaration that organization did not violate a
deed restriction that was required under the terms of the grant when it sold the mineral rights without
commission's prior written consent. The trial court denied commission's motion for partial summary
judgment. The court of appeals reversed and remanded. This court affirmed, holding that the restriction
was valid, because it was reasonable and served a charitable or public purpose, and that organization's
transfer of the mineral rights violated the restriction. Citing the Restatement of Property, the dissent

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