Real Estate Law Section

The section monitors, studies and proposes statutory developments in property law and keeps its membership updated by sending periodic e-newsletters. It also produces annual CLE programming for real estate lawyers and others.

Chair
CloseTrak
5860 Ridgeway Center Parkway Suite 101
Memphis, TN 38120
Twitter: jkirk01
Facebook: jkirk01
(901)333-1360
Immediate Past Chair
Webb Sanders PLLC
125 W Hester Rd
Cottontown, TN 37048
(615)581-0804
Vice-Chair
Stites & Harbison, PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219
(615)782-2294
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219
(615)383-7421

Tennessee Infrastructure Needs $45 Billion for Next 5 Years

Tennessee's annual estimate of costs for needed roads, schools, parks and other infrastructure is now $45 billion in the five years between 2016 and 2021 reports the Chattanooga Times Free Press. This is an increase of about $2 billion, or 4.7 percent, from last year, according to the Tennessee Advisory Commission on Intergovernmental Relations, or TACIR, a research institution that explores solutions for state and local governments.
 
In its latest report issued Monday, TACIR hopes that the infrastructure inventory could help local communities to woo federal dollars under President Donald Trump's pending infrastructure plan. The report includes a statewide overview chapter with information by type of infrastructure, the condition and needs of our public-school facilities, the availability of funding to meet reported needs and a comparison of county-area need, including one-page summaries for each Tennessee county.
 
Costs for current infrastructure needs fall into six general categories:
  • Transportation and utilities: $24.8 billion
  • Education: $10.4 billion
  • Health, safety, and welfare: $6.9 billion
  • Recreation and culture: $1.8 billion
  • General government: $767 million
  • Economic development: $360 million
Preliminary discussions of Trump's infrastructure plan indicate states could receive rural infrastructure funds if they have plans for investing the money. The TACIR news release said the report "could provide a foundation for meeting this or similar requirements." The report in its entirety can be found here.
 
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Federal Judge Awards Street Artists $6.7 Million in Milestone Case Against Landlord

On Monday, a federal judge in Brooklyn awarded $6.7 million in damages to 21 artists whose work at 5Pointz — a former factory turned space for artists' studios in Queens, NY — was destroyed according to The Washington Post. This comes after a three-week trial in November 2017 in U.S. District Court in Brooklyn. The case marked the first time a court has been asked to determine whether graffiti, with its transitory nature, should be considered art protected under the Visual Artists Rights Act (VARA), weighing a property owner's rights against the rights of visual artists. 
 
Senior United States District Judge Frederic Block awarded the artists the maximum damages possible, saying the building's owner, Gerald Wolkoff, "willfully" ruined the artwork and showed no remorse for his "recalcitrant behavior." "He was bent on doing it his way, and just as he ignored the artists' rights he also ignored the many efforts the Court painstakingly made to try to have him responsively answer the questions posed to him," Block wrote in his opinion. "Wolkoff has been singularly unrepentant."
 
As a final resort one tenant, Johnathan Cohen, tried to prevent the imminent demolition by seeking a preliminary injunction against Wolkoff under VARA. The court denied the plaintiffs' application for a preliminary injunction but said an opinion would come within eight days. "Rather than wait for the Court's opinion," Block wrote, "Wolkoff destroyed almost all of the plaintiffs' paintings by whitewashing them during that eight-day interim."
 
The landlord and his lawyer have contended that the artists knew for years that the buildings would ultimately be demolished but Block said Wolkoff should have put off demolishing the properties for at least 10 months when he had all his permits. The judge said Wolkoff's "precipitous conduct was an act of pure pique and revenge for the nerve of the plaintiffs to sue to attempt to prevent the destruction of their art."
 
The case is also the first time that a jury decided a VARA claim in court.
 
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