Takings Law And The Supreme Court

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Takings Law and the Supreme Court

Author : George Skouras
Publisher : Peter Lang Incorporated, International Academic Publishers
Page : 200 pages
File Size : 50,7 Mb
Release : 1998
Category : Law
ISBN : UOM:39015047057602

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Takings Law and the Supreme Court by George Skouras Pdf

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.

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 377 pages
File Size : 52,9 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.

The Safeguard of Liberty and Property

Author : Guy F. Burnett
Publisher : Lexington Books
Page : 177 pages
File Size : 50,6 Mb
Release : 2014-12-11
Category : Political Science
ISBN : 9780739197844

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The Safeguard of Liberty and Property by Guy F. Burnett Pdf

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Property

Author : David Dana,Thomas W. Merrill
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2002
Category : Eminent domain
ISBN : 158778078X

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Property by David Dana,Thomas W. Merrill Pdf

This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.

Regulatory Takings

Author : William A. Fischel
Publisher : Harvard University Press
Page : 446 pages
File Size : 42,5 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.

The Global Debate Over Constitutional Property

Author : Gregory S. Alexander
Publisher : ReadHowYouWant.com
Page : 654 pages
File Size : 52,6 Mb
Release : 2011-07-29
Category : Law
ISBN : 9781459624542

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The Global Debate Over Constitutional Property by Gregory S. Alexander Pdf

Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...

Taking Property and Just Compensation

Author : Nicholas Mercuro
Publisher : Springer Science & Business Media
Page : 223 pages
File Size : 52,5 Mb
Release : 2012-12-06
Category : Political Science
ISBN : 9789401129589

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Taking Property and Just Compensation by Nicholas Mercuro Pdf

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.

Nichols on Eminent Domain

Author : Julius L. Sackman
Publisher : Unknown
Page : 1084 pages
File Size : 43,8 Mb
Release : 2006
Category : Eminent domain
ISBN : STANFORD:36105060120644

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Nichols on Eminent Domain by Julius L. Sackman Pdf

The Living Constitution

Author : David A. Strauss
Publisher : Oxford University Press
Page : 176 pages
File Size : 47,5 Mb
Release : 2010-05-19
Category : Law
ISBN : 0199752532

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The Living Constitution by David A. Strauss Pdf

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Law of Property Rights Protection, 3rd Edition

Author : Laitos
Publisher : Wolters Kluwer
Page : 1254 pages
File Size : 46,5 Mb
Release : 2019-12-17
Category : Law
ISBN : 9781543816501

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Law of Property Rights Protection, 3rd Edition by Laitos Pdf

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

Law's Limits

Author : Neil K. Komesar
Publisher : Cambridge University Press
Page : 220 pages
File Size : 47,5 Mb
Release : 2001-12-10
Category : Law
ISBN : 0521000866

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Law's Limits by Neil K. Komesar Pdf

This 2002 book demonstrates how property law and rights shift and cycle in the US.

Regulatory Takings After Knick

Author : David L Callies
Publisher : Unknown
Page : 128 pages
File Size : 40,7 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"--

Rationing the Constitution

Author : Andrew Coan
Publisher : Unknown
Page : 281 pages
File Size : 48,8 Mb
Release : 2019
Category : Constitutional law
ISBN : 9780674986954

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Rationing the Constitution by Andrew Coan Pdf

The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

Regulatory Takings

Author : Steven J. Eagle
Publisher : Unknown
Page : 1288 pages
File Size : 50,7 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105063927359

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Regulatory Takings by Steven J. Eagle Pdf

This landmark work is the first book-length treatment of "regulatory taking" the controversial legal concept that governmental regulation of private property use can amount to a "taking" that requires compensation. Since a series of U.S. Supreme Court holdings in 1987, courts increasingly have given serious consideration to a rapidly expanding body of such claims. Yet, until now, there has been no detailed analysis of this clash between an expanding scope of land use regulations & the increased assertiveness of property owners. Comprehensive in scope, Regulatory Takings covers such diverse topics as: wetlands regulations; exactions on development; free speech rights in shopping malls & other private property; the Endangered Species Act; "exclusionary" zoning; asset seizures; rent controls.

Contemporary Property Rights Issues

Author : James W. Ely, Jr.
Publisher : Taylor & Francis
Page : 418 pages
File Size : 53,6 Mb
Release : 1997
Category : Business & Economics
ISBN : 0815326874

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Contemporary Property Rights Issues by James W. Ely, Jr. Pdf

A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.