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Short Critical Analysis Paper, Christina Ward

Real Estate History: An Overview and Research Agenda, The Business History Review, Written by M. A. Weiss (1989)

The peer reviewed journal article Real Estate History: An Overview and Research Agenda, by M. A. Weiss provides an analysis of the history of real estate in regard to economic and political issues and the evolution of the real estate market. This work serves as an in-depth compilation of the recorded data, research, and writings of economists, politicians, and scholars dating back to the 19th century. It is an excellent source for authority on the matters of real estate history. The author is very informative and remains neutral in his political views.

This article begins with a synopsis of the people and institutions that began to document studies and writings that dealt mostly with U.S. real estate markets and urban land development starting in the late nineteenth century. The research within this article also shows the relationship between the public and government sector of real estate transactions and ventures. The field of urban development in the 1940’s inspired many authors to write about historical research on physical land development, buildings, neighborhoods, and communities (Weiss, 1989, p. 251). The article discusses the financial institutions, lenders, insurers, mortgages, tax collectors, and investors involved in the history of real estate business affairs in the 20th century U.S. Weiss also discusses the fact that statistical data and records rarely exist for the purpose of historical research with real estate because much of the information is destroyed due to it being “project-based, small scale, and noninstitutional” (Weiss, 1989, p. 260). Various laws such as the Tax Reform Act are discussed which changed the rules in development building of commercial and residential buildings. Physical space or land offers a variety of services and Weiss also discusses the use of large property for railroad, transportation, utility, and agricultural purposes. Property relations is a topic of research within real estate history dating back to the 19th century in the U.S. and various works are mentioned that examine the interaction of laws and real estate. The public sector and the role of government in the U.S. has definitely played a hand in urban land developments, law enforcement, subsidies, building maintenance, and providing services.

The article does a fantastic job of giving a detailed overview that is organized with appropriate subsections. The author maintains a neutral view on these matters and does not have the objective to persuade. The author went to great extents to research the material and reach his intended audience which is mainly the American who is interested in the economic and political history of real estate development since the 19th century. In conclusion, I believe this is a very informative and thorough piece of work that serves as a great reference for those wanting factual based research.

Protection of Private Property in the Early Law of Nations, Journal of the History of International Law / Revue d’histoire Du Droit International, Written by: I. Alvik (2018)

The author of this article examines the history of private property protection as seen under the law of nations in the 18th and 19th centuries which affected foreign property and commercial interests. He investigates the theories of natural law with property rights at the individual and state level in a time when treaties around the world were established that would grant protection with commercial interests and foreign property. The article is very informative and has a broad approach to understanding the history of how people conceptualized private property rights among nations and then implemented laws to enforce these rights.

The article begins with an introduction to the roots of protection within foreign private property under international law dating back to the Napoleonic wars in the beginning of the 18th century (Alvik, 2018, p. 218). He explains how this was influenced by natural law theories that were derived in the 15th and 16th centuries. Over time, states would gain interest in protecting the private property which belonged to citizens abroad. The author discusses various writers and thinkers of the time that molded our current theory of private property and international protection rights such as Vattel and his Law of Nations in 1758. He discusses the countries involved in a network of treaties during the 18th century when there was frequent war. He examines how individual rights and legal practice evolved over time. Throughout the article, rights of wartime are explained as a central theme that guides our current legal concepts and protects private property in the form of foreign investment.

The article is well researched and well written. It is backed by historical fact and not intending to be persuasive. The author’s intended audience is people that are interested in how international law came into existence during a time of much war which would reflect the interests of the states with regard to commerce and the individual property owner. In conclusion, the article does a good job of explaining the overall history of how we came to conceptualize the theories of natural law starting with the Greek philosophers and Roman law. He highlights the important treaties and laws that came into existence that influenced our current international system of property rights.

'''How Real Estate Segregated America. Dissent, Written By: K. Y. Taylor (2018)'''

The author examines two major events that occurred in the history of the housing crisis in the United States. The article looks at how real estate influenced the segregation of America. The article provides a timeline for understanding real estate development as paralleled with the changing matters that affected African American rights throughout the 20th century. The author does a concise job of bringing attention to two of the most influential events with regard to real estate developments and segregation.

The first major topic discussed is the Title VIII of the Civil Rights Act in 1968 which is also known as the Fair Housing Act. The second topic is the 2008 financial crisis and how it relates to the failure of the Fair Housing Act. The article examines how African Americans were incorporated into neighborhoods and yet discriminated against with renting, buying, and financing homes in the U.S. The article looks at other important works that explore how the government locked African Americans into substandard housing beginning in the 1900’s. In the 1920’s, the National Association of Real Estate Boards was influential in threatening real estate agents that went against the enforced segregation of the time. The article discusses the regulation by government with subsidized housing and the policies that would come into action. The article then discusses the role of HUD the “Housing and Urban Development” Act of 1968. Much emphasis is placed on events that transpired in the mid 1900’s with HUD and various presidents of the time. The style of the article is one that presents information in a factual sense but the topics spoken about may seem to be persuasive. The author seems to take care in presenting the topics in an unbiased way and does mention the different sides of views by both Democrats and Republicans.

I appreciate this article because it highlights issues that are fact based which examine racism in the real estate market. I will use this article for its fact-based information and be sure to monitor or re-evaluate anything that may be biased in my own words. In conclusion, this article is concise explanation for the segregation of urban developments and the outcomes that would follow. Since this is an important topic in understanding the real estate market, I believe this article is very important.

'''Bureaucratic issues and environmental concerns: A review of the history of federal land ownership. Harvard Journal of Law & Public Polic, Written By: G. D. Libecap (1992) '''

The author of this article reviews legislation that has transpired within the United States beginning with the General Revision Act of 1891 which deals with federal protection services for public or private land. Laws have been implemented over the past 100 years that protect natural resources and forests. The article also discusses the allocation of property rights and the initial creation of a market driven economy that would facilitate economic growth. This article is an excellent source for descriptive information that is fact based.

This article begins with the origins of federal lands and the Land Ordinance of 1785 which transferred federal land to private owners such as small farmers. The author discusses various laws that governed the amount of land that was able to be secured over the past few centuries. The General Revision Act and the initiation of National Forests are discussed which looks at the federal ownership of oil and coal reserves along with national parks. Acquiring land for the purpose of grazing, resource use, or timber would become an issue that would sometimes invite fraud. The author discusses Conservationists that emerged in defense of the federal government to manage public lands and protect them.

The author does seem to express an opinion that he backs up with factual information. The article is a good examination that probes into why laws got revised with a transforming economy. The intended audience is the general public who may be interested in how environmental concerns have influenced how the federal government has been a large role in the protection of public lands and resources.

'''Environmental Site Assessments. Professional Safety, Written By: M. D. Hansen (2003)'''

The author of this article focuses on industrial real estate in the United States and the use of environmental site assessments (ESA’s) with liability concerns and malpractice. In analyzing real estate transfers or the buying and selling of real estate, the past few decades have shown that environmental site assessments are much more common now that anthropogenic induced environmental concerns are on the rise. The article evaluates both state and federal environmental regulations and the use of ESA’s which directly influence property value. This article also examines the use of best practices in ESA’s and what they are used for.

The article starts with background information on the buying and selling of property and the potential liabilities in real estate transfer. Superfunds are discussed which are programs that authorize the EPA to take hazardous waste sites and clean them up if hazardous substances are emitted into the environment. A landowner will use a “defense” according to the situation that is under investigation. Site inspections are carried out with standard practices and ASTM standards. The article discusses the ESA decision process as sites are deemed as contaminated with risk for environmental liability. The article discusses the role of the Environmental Consultant and the relationship between the consultant, clients, and their attorneys.

This article is mainly a research article with information on the use of ESA’s and how they are conducted. It is factual based and informative but also has an opinion-based outlook on the role of environmental consulting. This article is a good oversight to understanding the assessment of property before the real estate transactions are complete.

'''“Location, Location, Location” Should Be “Environment, Environment, Environment”: A Market-Based Tool to Simplify Environmental Considerations in Residential Real Estate. Golden Gate University Environmental Law Journal, Written By: Robert H. Cutting, Lawrence B. Calhoun, Jack C. Hall (2012)'''

This peer-reviewed article is written by three authors who all have expertise as professors in environmental studies among other certifications that make them highly qualified to speak on matters of environmental concerns and real estate. This article evaluates the need for environmental site assessments when valuing a property for both private and commercial real estate in the United States. The article places emphasis on how real estate as a market does not address the health and safety risks caused by environmental degradation.

This article begins with an explanation of why our understanding of real estate as a location must now include the environment of the site and its structures as it relates to our health. Environmental degradation causes health risks and the authors provide statistics for major issues. The author intends to give suggested support to the buyer and seller of real estate by way of a proposed and voluntary checklist of areas to investigate with property valuation based and environmental issues. The author compares the positive environmental factors that raise property to value to those that devalue it. The article then examines the liability issue for the listing agent and the buyer’s agent with disclosure and due diligence. Green selling points and certificates are discussed that are coming into place now that there is a demand for anticipated benefits if the buildings or land development utilizes certain green practices. Self help guides, environmental consultants, data sources, and regulatory measures are also discussed. The authors examine various topics and laws that are involved in real estate transactions with environmental concerns and provide specific examples of court cases or rulings from the past. The article ends with an attempt to prove to the reader that since there is disconnectedness and ineffectiveness in the national law with these issues, the seller and buyer can adopt voluntary checklists that minimizes disputes over environmental concerns.

The authors of this article do have a persuasive argument that reaches to the public in a concerned way. The article provides statistics and data so as to back up their concern for the health and well-being of the buyer of real estate and its structures. Overall, the article provides a good explanation of the existing environmental concerns in real estate with examples of how this unfolds in a court of law. With this article, I will focus on the actual areas of assessment versus the authors suggested checklist.

References:

1.	Weiss, M. A. (1989). Real Estate History: An Overview and Research Agenda. The Business History Review, 63(2), 241–282. https://doi.org/10.2307/3115697

2.	Alvik, I. (2018). Protection of Private Property in the Early Law of Nations. Journal of the History of International Law / Revue d’histoire Du Droit International, 20(2), 217–250. https://doi.org/10.1163/15718050-19041026

3.	Taylor, K. Y. (2018). How Real Estate Segregated America. Dissent, 65(4), 23–32. https://doi.org/10.1353/dss.2018.0071

4.	Libecap, G. D. (1992). Bureaucratic issues and environmental concerns: A review of the history of federal land ownership. Harvard Journal of Law & Public Policy, 15(2), 467.

5.	Hansen, M. D., & Gammel, G. W. (2003). Environmental Site Assessments. Professional Safety, 48(2), 37.

6.	Cutting, Robert H., Calhoun, Lawrence B., & Hall, Jack C. (2012). “Location, Location, Location” Should Be “Environment, Environment, Environment”: A Market-Based Tool to Simplify Environmental Considerations in Residential Real Estate. Golden Gate University Environmental Law Journal, 6(1), 84-122.