Gerald Korngold

Professor of Law

Gerald Korngold

Gerald Korngold came to the Law School from Case Western Reserve University School of Law, where he was the McCurdy Professor of Law, and also served as Dean from 1997 to 2006. Professor Korngold teaches Property, Real Estate Transactions, International Real Estate, Conservation Law and Policy Clinic, and Real Estate: Transactional Skills. He is a faculty member in the Center for Real Estate Studies.

Professor Korngold began his teaching career at New York Law School where he was a faculty member from 1979 to 1987 and Associate Dean for Academic Affairs from 1984 to 1986. He has lectured nationally and internationally on land and property law issues and writes and teaches in the fields of property and real estate law. He is the author of Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (Juris Publishing, 2004); co-author of two casebooks, Real Estate Transactions: Cases and Materials on Land Transfer, Development, and Finance (Foundation Press, 2009) and Cases and Text on Property (Aspen Publishers, 2004); and co-editor of Property Stories (Foundation Press, 2009). Professor Korngold has also published numerous other articles in law reviews and journals. Recent articles are on the subprime and mortgage crisis, homeowners associations, international property issues, and conservation easements. His current research focuses on privatization of public land use regulation, real estate transactions, conservation easements, and other issues. He is an elected member of the American Law Institute and the American College of Real Estate Lawyers.

BOOKS

The Privatization of Public Land Use Regulation and Services (working title, under contract with Yale University Press, in progress)

G. Korngold & P. Goldstein, Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, fifth edition (Foundation Press, 2009)

G. Korngold and A. Morriss (eds.), Property Stories, second edition (Foundation Press, 2009)

Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes, second edition (Juris Publishing, 2004); 2013 Supplement

A.J. Casner, W.B. Leach, S. French, G. Korngold & L. Vander Velde, Cases and Text on Property, fifth edition (Aspen Publishers 2004)

G. Korngold & P. Goldstein, Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, fourth edition (Foundation Press, 2002) and Statute, Form and Problem Supplement, fourth edition (Foundation Press, 2002)

A.J. Casner, W.B. Leach, S. French, G. Korngold & L. Vander Velde, Cases and Text on Property, fourth edition (Aspen Law and Business 2000)

P. Goldstein & G. Korngold, Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, revised third edition (Foundation Press, 1997), third edition (Foundation Press, 1993), and Statute, Form and Problem Supplement, revised third edition (Foundation Press, 1997), third edition (Foundation Press, 1993)

Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (Shepard’s/McGraw-Hill, 1990), and supplement (1993)

ARTICLES AND BOOK CHAPTERS

“Governmental Conservation Easements: A Means to Advance Efficiency, Freedom from Coercion, Flexibility, and Democracy,” 78 Brooklyn Law Review 467 (2013)

“Cutting Municipal Services During Fiscal Crisis: Lessons Learned from the Denial of Services to Condominium and Homeowner Association Owners,” 15 New York University Journal of Legislation and Public Policy 109 (2012) (reprinted at 65 State Tax Notes 243 (2012))

“Real Estate Brokers Are Not ‘Fiduciaries': A Call for Developing A New Legal Framework,” Real Estate Law Journal 376 (2011)

“Globalizing Conservation Easements: Private Law Approaches for International Environmental Protection,” 28 Wisconsin International Law Journal 585 (2011)

“Legal and Policy Choices in the Aftermath of the Subprime and Mortgage Financing Crisis,” 60 South Carolina Law Review 727 (2009)

“Sanborn v. McLean: Beyond the Limits of Inquiry Notice” (book chapter in progress for second edition of Property Stories)

“Private Conservation Easements: Balancing Private Initiative and the Public Interest,” solicited book chapter in Gregory K. Ingram & Yu-Hung Hong (eds.), Land Policies and Property Rights (Lincoln Institute of Land Policy Press) (in progress)

“Solving the Contentious Issues of Private Conservation Easements: Promoting Flexibility for the Future and Engaging the Public Land Use Process,” 2007 Utah Law Review 1039

“Resolving the Intergenerational Conflicts in Real Property Law:  Preserving Free Markets and Personal Autonomy for Future Generations,” 56 American University Law Review 1525-1578 (2007)

“The Emergence of Private Land-Use Controls in Large-Scale Subdivisions: The Companion Story to Village of Euclid v. Ambler Realty Co.,” 51 Case Western Reserve L. Rev. 617 (2001) (solicited article for symposium on Euclid; reprinted in 2002 Zoning and Planning Handbook (June 2002))

“Whatever Happened to Landlord-Tenant Law?,” 77 Nebraska L. Rev. 703 (1998) (solicited article for symposium honoring Professor Lawrence Berger)

“Enforcement of Restrictions by Homeowners Associations: Balancing Individual Rights and Community Interests,” 13 Colloqui: Cornell J. of Planning & Urban Issues 71 (1998)

“Seller’s Damages from a Defaulting Buyer of Realty: The Influence of the Uniform Land Transactions Act on the Courts,” 20 Nova L. Rev. 1069-1089 (1996) (solicited article for symposium on Uniform Land Transactions Act)

“Comparing the Concepts of ‘Property’ and ‘Value’ in Real Estate Law and Real Property Taxation,” 25 Real Estate L. J. 7-27 (1996)

“Resolving the Flaws of Residential Servitudes Associations: For Reformation Not Termination,” 1990 Wisconsin L. Rev. 513-535 (received the 1991 Community Associations Institute Research Foundation Award for Excellence)

“Single Family Use Covenants: For Achieving a Balance Between Traditional Family Life and Individual Autonomy,” 22 U.C. Davis L. Rev. 951-990 (1989) (solicited article for symposium on family issues)

“For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents,” 66 Texas L. Rev. 533-576 (1988) (excerpted in R. Chused, A Property Anthology (Anderson 1993 and 2d ed. 1997))

“Legal Education for Non-Litigators: The Role of the Law Schools and the Practicing Bar,” 30 New York Law Sch. L. Rev. 621 628 (1985) (solicited article for symposium on the future of legal education)

“Privately Held Conservation Servitudes: A Policy Analysis in the Context of In Gross Real Covenants and Easements,” 63 Texas L. Rev. 433-495 (1984)

“Construction Loan Advances and the Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, and the ULTA Perspective,” 50 Fordham L. Rev. 313-368 (1982)

“Can Distraint Stand Up as a Landlord’s Remedy?,” 5 Real Estate L. J. 242-259 (1977)

OTHER

“Kelo v. City of New London and the Use of Eminent Domain for Economic Development,” (online video, 30 minutes), Lincoln Education Online, http://leo.lincolninst.edu/login/index.php (2010)

“Private Conservation Easements: A Record of Achievements and the Challenges Ahead,” Land Lines, vol. 21, no. 4., pp. 8-13 (October 2009)

“Private Land Use Controls: Balancing Private Initiative and the Public Interest in the Homeowners Association Context,” Lincoln Institute of Land Policy Working Papers (Cambridge, Massachusetts, 1995)

Revision author of selected chapters in Powell on Real Property and Warren’s Weed, New York Real Property