Miller Starr Regalia Releases 50th Anniversary Edition of Real Estate Treatise

Miller Starr Regalia Releases 50th Anniversary Edition of Miller & Starr, The Leading California Real Estate Treatise

– “The Book” Is Most Widely Cited CA Real Estate Law Reference –

October 06, 2015 (Walnut Creek, CA) – The preeminent California real estate law firm, Miller Starr Regalia, announced today the publication of the 50th anniversary revised edition of its well-known legal treatise, Miller & Starr, California Real Estate. Often called “The Book”, Miller & Starr is a widely used and judicially cited California real estate law reference work, cited almost 1,300 times in published decisions at all levels of California state and federal appellate courts, including the California Supreme Court. Subscribers to Miller & Starr include solo practitioners, major national and regional law firms, courts, government agencies and in-house corporate law departments.

Originally a three-volume summary of the law when first published in 1965 “The Book”, in its 4th edition, is now 12 volumes and 45 chapters, spanning the entire spectrum of California real estate law and related areas of federal regulation, all researched, written and updated by the attorneys of Miller Starr Regalia. All of the chapters have been revised or rewritten since the previous edition based on the last 15 years of legislative, regulatory and case law developments.

“In its recent Jefferson Street Ventures v. City of Indio decision, the Fourth District Court of Appeal cited Chapter 30 (Inverse Condemnation) of Miller & Starr for the proposition that a ‘temporary’ taking of property by the government is compensable under the Fifth Amendment just like a permanent taking,” said Karl Geier, shareholder of the firm and editor-in-chief of Miller & Starr. “That is but one of more than a thousand times the treatise has been cited in reported appellate decisions in California. At the trial court level, the attorneys for the parties and trial judges frequently cite the treatise in their briefs and written decisions. The treatise is widely used in other contexts as a research tool and as an authoritative synopsis of the vast field of real estate law by corporate and law firm attorneys, neutral decision makers and other real estate professionals.”

The number of retrievable citations from Miller & Starr in published opinions at the appellate level (as of July 2015) includes:

California Cases:

  • Courts of Appeal published: 1,082
  • California Supreme Court published: 68

Federal Cases:

  • Ninth Circuit Court of Appeals: 6
  • District Court: 92
  • Bankruptcy Court, Ninth Circuit: 43

Following the expansion of Miller & Starr, first authored by Harry Miller (deceased), Marvin Starr and Edmund Regalia, is like following the development of real estate law in California over the past 50 years. Chapters that didn’t exist in the first edition appear prominently now. For example, the CEQA (California Environmental Quality Act) discussion has gone from a thin portion of a longer chapter to a substantial separate chapter (and a rewrite in the 50th anniversary edition). Other chapters have been expanded and then split into two or more chapters.

Among the highlights of the 50th anniversary revised edition:

  • Reorganization and significant revision of the Inverse Condemnation chapter in light of the past several years of United States Supreme Court jurisprudence in this area;
  • Extensive revisions to the chapter on discrimination in light of many revisions and case developments under the Unruh Act, the Fair Employment and Housing Act and the Americans with Disabilities Act legislation in California and at the federal level;
  • Extensive updating of the Deeds of Trust & Mortgages chapter in light of the past several years of mortgage foreclosure legislation and related litigation in California state and federal courts;
  • Additional topics added to both the Contract Law and Deeds of Trust chapters include contracting with and mortgaging of tribal and individual lands of Native Americans as well as tribally-controlled entities, a topic of increasing importance in California;
  • Significant changes to the chapter on regulation of real estate brokers and other real estate professionals and appraisers as a result of federal legislation affecting mortgage originators and appraisers;
  • Changes and additions to the chapter on transferable properties interests and fixtures, particularly in relation to increased regulation of water rights.

“There has been an incredible amount of federal and state legislation, litigation and regulatory activity since the last edition of Miller & Starr 15 years ago,” said Geier. “Keeping this encyclopedic real estate treatise up to date and relevant requires us to maintain an intimate knowledge of current federal and state real estate and environmental law and legislation. Any real property law issue you can think of is almost certainly covered in Miller & Starr. ”

“I don’t know of any law firm as closely identified with a legal treatise as Miller Starr Regalia is to Miller & Starr,” said Anthony Leones, managing shareholder of Miller Starr Regalia. “We take great pride in the respect the treatise receives from both the courts and our peers. Our attorneys put a tremendous number of hours into writing and revising each of the chapters, and this gives them keen insight into nuances of California real estate law that they apply in their day-to-day practice to benefit the firm’s clients.”

Miller & Starr, California Real Estate, 4th, published by Thomson Reuters, is available in print and on Westlaw. Anthony Leones will be at the State Bar of California 88th Annual Meeting in Anaheim on October 9th from 1:00 p.m. – 1:45 p.m. at the Thomson Reuters booth to discuss the treatise.

About Miller Starr Regalia
Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for more than fifty years. For nearly all that time, our firm has written Miller & Starr, California Real Estate 4th, a 12-volume encyclopedia on California real estate law. We call it “the Book.” The Book is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. Our firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, common interest development, construction, management, title insurance, environmental law, and redevelopment and land use. For more information, visit www.msrlegal.com.

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