Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 377 pages
File Size : 51,9 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674036550

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Takings by Richard A. Epstein Pdf

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Author : Anonim
Publisher : DIANE Publishing
Page : 48 pages
File Size : 43,7 Mb
Release : 2024-06-11
Category : Electronic
ISBN : 9781428943025

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Regulatory takings implementation of Executive Order on government actions affecting private property use. by Anonim Pdf

Author : Robert Meltz,Dwight Merriam,Rick Frank
Publisher : Island Press
Page : 626 pages
File Size : 44,9 Mb
Release : 1998-12
Category : Law
ISBN : 1597263281

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The Takings Issue by Robert Meltz,Dwight Merriam,Rick Frank Pdf

As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.

Author : Rachelle Alterman
Publisher : American Bar Association
Page : 418 pages
File Size : 40,6 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 : Daniel Pollak
Publisher : DIANE Publishing
Page : 154 pages
File Size : 53,6 Mb
Release : 2001-04
Category : Eminent domain
ISBN : 075670538X

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Have the U. S. Supreme Court's 5th Amendment Takings Decisions Changed Land Use Planning in California? by Daniel Pollak Pdf

Proposition 13 reduced the ability of local gov't's. to finance public goods and infrastructure through local taxes. Local gov't's. responded by increasing their reliance on fees and exactions. The constitutional takings clause may represent yet another limitation on the ability of local gov't's. to finance public improvements. In addition, CA's burgeoning population and scenic and natural resources make it fertile ground for the conflicts associated with growth: how should transportation infrastructure and other public services be financed as communities spread outward? How should open space, habitat, and access to recreational resources be preserved and paid for? Tables.

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 380 pages
File Size : 40,8 Mb
Release : 1985-01-01
Category : Law
ISBN : 9780674253919

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Takings by Richard A. Epstein Pdf

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Author : William A. Fischel
Publisher : Harvard University Press
Page : 446 pages
File Size : 52,5 Mb
Release : 1995
Category : Business & Economics
ISBN : 0674753887

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Regulatory Takings by William A. Fischel Pdf

State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

Author : Anonim
Publisher : Unknown
Page : 98 pages
File Size : 40,8 Mb
Release : 1998
Category : Compensation (Law)
ISBN : PURD:32754068876139

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Regulatory Takings and Proposals for Change by Anonim Pdf

Author : Chun Peng
Publisher : Cambridge University Press
Page : 353 pages
File Size : 45,5 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107190931

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Rural Land Takings Law in Modern China by Chun Peng Pdf

A contextualized and critical reading of the origin and evolution of China's rural land takings law.

Author : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment
Publisher : Unknown
Page : 384 pages
File Size : 46,8 Mb
Release : 1992
Category : Law
ISBN : UOM:39015028535030

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Takings, Compensation, and Pending Wetlands Legislation by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment Pdf

Author : J. Gregory Sidak,Daniel F. Spulber
Publisher : Cambridge University Press
Page : 654 pages
File Size : 42,5 Mb
Release : 1997-11-28
Category : Business & Economics
ISBN : 0521591597

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Deregulatory Takings and the Regulatory Contract by J. Gregory Sidak,Daniel F. Spulber Pdf

This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 140 pages
File Size : 49,8 Mb
Release : 1996
Category : Business & Economics
ISBN : UCR:31210014952327

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Protecting Private Property Rights from Regulatory Takings by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Pdf

Author : David L Callies
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2020-10
Category : Electronic
ISBN : 1641057483

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Regulatory Takings After Knick by David L Callies Pdf

"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 54,5 Mb
Release : 2010-05-06
Category : Law
ISBN : 9780521763271

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The International Law on Foreign Investment by M. Sornarajah Pdf

This book is a thought-provoking and authoritative text on this fast moving field of international law.

Author : Christopher J. Duerksen,Richard J. Roddewig
Publisher : Unknown
Page : 24 pages
File Size : 44,6 Mb
Release : 2002-01-01
Category : Eminent domain
ISBN : 0891335722

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Takings Law in Plain English by Christopher J. Duerksen,Richard J. Roddewig Pdf

Overview of takings law with suggestions for responding to the takings issue.