Land Use And The Constitution

Author : Brian W. Blaesser,Alan C. Weinstein
Publisher : Routledge
Page : 316 pages
File Size : 45,6 Mb
Release : 1989-01-01
Category : Architecture
ISBN : 9781351178167

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Land Use and the Constitution by Brian W. Blaesser,Alan C. Weinstein Pdf

This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.

Author : Dennis J. Coyle
Publisher : State University of New York Press
Page : 406 pages
File Size : 40,6 Mb
Release : 1993-07-01
Category : Political Science
ISBN : 9781438400006

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Property Rights and the Constitution by Dennis J. Coyle Pdf

Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.

Author : Nathalie J. Chalifour,Patricia Kameri-Mbote,Lin Heng Lye,John R. Nolon
Publisher : Cambridge University Press
Page : 606 pages
File Size : 55,7 Mb
Release : 2006-11-20
Category : Law
ISBN : 9781139460583

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Land Use Law for Sustainable Development by Nathalie J. Chalifour,Patricia Kameri-Mbote,Lin Heng Lye,John R. Nolon Pdf

This 2007 book surveys the global experience to date in implementing land-use policies that move us further along the sustainable development continuum. The international community has long recognized the need to ensure ongoing and future development is conducted sustainably. While high-level commitments towards sustainable development such as those included in the Rio and Johannesburg Declarations are politically important, they are irrelevant if they are not translated into reality on the ground. This book includes chapters that discuss the challenges of implementing sustainable land-use policies in different regions of the world, revealing problems that are common to all jurisdictions and highlighting others that are unique to particular regions. It also includes chapters documenting new approaches to sustainable land use, such as reforms to property rights regimes and environmental laws. Other chapters offer comparisons of approaches in different jurisdictions that can present insights which might not be apparent from a single-jurisdiction analysis.

Author : Donald Robert Denman
Publisher : CUP Archive
Page : 36 pages
File Size : 43,7 Mb
Release : 2024-06-27
Category : Land use
ISBN : 8210379456XXX

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Land Use and the Constitution of Property by Donald Robert Denman Pdf

Author : William A. Fischel
Publisher : JHU Press
Page : 396 pages
File Size : 40,6 Mb
Release : 1987-08
Category : Business & Economics
ISBN : 0801835623

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The Economics of Zoning Laws by William A. Fischel Pdf

Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.

Author : Fred P. Bosselman,David L. Callies,John S. Banta
Publisher : Unknown
Page : 370 pages
File Size : 43,7 Mb
Release : 1973
Category : Land tenure
ISBN : UOM:39015006788239

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The Taking Issue by Fred P. Bosselman,David L. Callies,John S. Banta Pdf

"A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners."--T.p.

Author : Bernard H. Siegan
Publisher : Routledge
Page : 291 pages
File Size : 51,5 Mb
Release : 1997
Category : Law
ISBN : 1560009748

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Property and Freedom by Bernard H. Siegan Pdf

Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations--a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.

Author : African Centre for Technology Studies
Publisher : Zed Books
Page : 462 pages
File Size : 49,6 Mb
Release : 1996
Category : Business & Economics
ISBN : 1856494187

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In Land We Trust by African Centre for Technology Studies Pdf

Land tenure is a sensitive issue in Africa and a central theme in the demand for political and economic reform in the region. While traditional development strategies aim for maximum economic growth, new approaches emphasize conservation. The governing of land use is also central to the overall scheme of national governance - the constitution. conservation of natural resources, using the case of Kenya. It proposes specific measures for achieving a balance between private ownership and public interest, and between conservation and economic growth.

Author : Frank Schnidman,Stanley D. Abrams,John J. Delaney
Publisher : Aspen Publishers
Page : 774 pages
File Size : 49,5 Mb
Release : 1984
Category : Actions and defenses
ISBN : UCAL:B4326353

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Handling the Land Use Case by Frank Schnidman,Stanley D. Abrams,John J. Delaney Pdf

Author : W. Thomas Hawkins
Publisher : Taylor & Francis
Page : 315 pages
File Size : 41,9 Mb
Release : 2021-06-28
Category : Law
ISBN : 9781000394054

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Land Use Law in Florida by W. Thomas Hawkins Pdf

Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 55,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Rachelle Alterman
Publisher : American Bar Association
Page : 418 pages
File Size : 48,6 Mb
Release : 2010
Category : Comparative law
ISBN : 1604425504

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Takings International by Rachelle Alterman Pdf

This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

Author : John R. Nolon,Patricia E. Salkin
Publisher : West Academic Publishing
Page : 456 pages
File Size : 42,6 Mb
Release : 2006
Category : Business & Economics
ISBN : UOM:39015068829822

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Land Use in a Nutshell by John R. Nolon,Patricia E. Salkin Pdf

Use this compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.

Author : Blake Hudson
Publisher : Routledge
Page : 289 pages
File Size : 48,5 Mb
Release : 2014-03-26
Category : Law
ISBN : 9781136661747

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Constitutions and the Commons by Blake Hudson Pdf

Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

Author : Jeannie Van Wyk
Publisher : Unknown
Page : 342 pages
File Size : 43,9 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105073449493

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Planning Law by Jeannie Van Wyk Pdf

Aims to position planning law discipline within the South African legal system to be a statement of general legal principles and procedures.