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Author : Donald Robert Denman
Publisher : CUP Archive
Page : 36 pages
File Size : 47,8 Mb
Release : 2024-06-29
Category : Land use
ISBN : 8210379456XXX
Author : Brian W. Blaesser,Alan C. Weinstein
Publisher : Routledge
Page : 313 pages
File Size : 50,9 Mb
Release : 1989-01-01
Category : Architecture
ISBN : 9781351177306
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 : 44,8 Mb
Release : 1993-07-01
Category : Political Science
ISBN : 9781438400006
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 : Bernard H. Siegan
Publisher : Transaction Pub
Page : 291 pages
File Size : 44,6 Mb
Release : 1997-01-01
Category : Law
ISBN : 1560003235
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 : William A. Fischel
Publisher : JHU Press
Page : 396 pages
File Size : 53,5 Mb
Release : 1987-08
Category : Business & Economics
ISBN : 0801835623
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 : African Centre for Technology Studies
Publisher : Zed Books
Page : 462 pages
File Size : 49,8 Mb
Release : 1996
Category : Business & Economics
ISBN : 1856494187
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 : Olivier De Schutter,Balakrishnan Rajagopal
Publisher : Routledge
Page : 386 pages
File Size : 45,5 Mb
Release : 2019-12-06
Category : Business & Economics
ISBN : 9781317220022
Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.
Author : Shadrack Gutto
Publisher : Butterworth-Heinemann
Page : 116 pages
File Size : 43,8 Mb
Release : 1995
Category : History
ISBN : STANFORD:36105061910860
Cases.
Author : John R. Nolon,Patricia E. Salkin
Publisher : West Academic Publishing
Page : 456 pages
File Size : 54,6 Mb
Release : 2006
Category : Business & Economics
ISBN : UOM:39015068829822
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 : Rachelle Alterman
Publisher : American Bar Association
Page : 418 pages
File Size : 44,9 Mb
Release : 2010
Category : Comparative law
ISBN : 1604425504
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 : Nathalie J. Chalifour,Patricia Kameri-Mbote,Lin Heng Lye,John R. Nolon
Publisher : Cambridge University Press
Page : 606 pages
File Size : 45,8 Mb
Release : 2006-11-20
Category : Law
ISBN : 9781139460583
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 : Bruce Ackerman
Publisher : Yale University Press
Page : 315 pages
File Size : 45,7 Mb
Release : 2008-10-01
Category : Law
ISBN : 9780300158069
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Author : George Skouras
Publisher : Peter Lang Incorporated, International Academic Publishers
Page : 200 pages
File Size : 42,5 Mb
Release : 1998
Category : Law
ISBN : UOM:39015047057602
The Takings Clause of the 5th amendment to the U.S. Constitution has emerged as the principal means of protecting private property from governmental interference, regulation, and takings. Dealing with the post-Civil War history and interpretation of regulatory takings law as applied to land use cases, the author takes a critical look at the Supreme Court's standards for evaluating land use cases. Takings Law and the Supreme Court uses an interdisciplinary approach to evaluate utilitarian, postmodernist, moral, environmental and common law, formalist, liberal, as well as conservative efforts to understand the taking of private property.
Author : Harvey Martin Jacobs
Publisher : Unknown
Page : 38 pages
File Size : 49,9 Mb
Release : 1999
Category : Law
ISBN : UOM:39015043232449
This policy focus report examines the conservative land use movement that emerged in the 1990s to pursue a vigorous legislative agenda at every level of government. While the specific impacts of laws to protect private property rights have been minimal, they have reshaped public perceptions about the balance between private and public rights in land. A middle ground is required that recognizes the need to regulate private property while respecting the core concept of private property rights.
Author : Laitos
Publisher : Wolters Kluwer
Page : 1254 pages
File Size : 45,9 Mb
Release : 2019-12-17
Category : Law
ISBN : 9781543816501
Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368
