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Real Estate LawThe newsletter of the ISBA’s Section on Real Estate Law

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Newsletter articles from 2002

Reverse exchanges and transfer taxes—to pay or not to pay; that is no longer the question By Martin S. Edwards February 2002 Tax deferred exchanges of real estate are currently governed by I.R.C. § 1031 and the related Treasury Regulations. These detailed regulations were published in April of 1991.
Summary of FCC satellite dish regulations affecting condominium/homeowner associations By Allan Goldberg April 2002 The Telecommunications Act of 1996 directed the Federal Communications Commission ("FCC") to issue regulations that prohibit restrictions that impair a viewer's ability to receive video programming services through devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services.
The unauthorized practice of law in modern real estate transactions Quinlan & Tyson remains instructive and enforceable By Joseph R. Fortunato and William J. Anaya May 2002 It is no surprise to real estate lawyers that non-lawyers involved in related real estate business are devising creative methods designed to increase their market share and their profits.
U.S. Supreme Court rules tax lien effective against half of tenancy by the entirety property By Gary R. Gehlbach July 2002 In a decision decided April 17 of this year, the United States Supreme Court found that a person's interest in real estate as a tenant by the entirety with his wife was no bar to a federal lien against the husband's interest only.
Wetland regulation since the demise of the “Migratory Bird Rule”—more muddy water? By William J. Anaya March 2002 * The Corps of Engineers' authority under the federal Clean Water Act was clearly limited by the U.S. Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S.159, 121 S. Ct. 675 (2001), but, one year later, the regulatory boundaries are less clear now than before.
Will the collapse of Enron end the synthetic lease? By Jack H. Tibbetts October 2002 The collapse of Enron raises the issue of the propriety of using synthetic leases to keep the cost of purchasing real estate from the corporate reports of profit. The synthetic lease is used to purchase property by financing it as a lump sum payment in the future and paying the interest on the loan during the current years.