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Advocacy In An Eminent Domain Case
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Author :Massachusetts Continuing Legal Education-New England Law Institute, inc Publisher : ISBN 13 : Total Pages :154 pages Book Rating :4.:/5 (8 download)
Book Synopsis Advocacy in an Eminent Domain Case by : Massachusetts Continuing Legal Education-New England Law Institute, inc
Download or read book Advocacy in an Eminent Domain Case written by Massachusetts Continuing Legal Education-New England Law Institute, inc and published by . This book was released on 1980 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reframing Eminent Domain by : David A. Dana
Download or read book Reframing Eminent Domain written by David A. Dana and published by . This book was released on 2007 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two eminent domain reform alternatives currently on the political agenda are a flat ban on condemnations or a ban on only economic development condemnations coupled with continued allowance of blight condemnations (the approach in most reforming states). Although the possible effects of reform are central to the current debate, scholars have not carefully addressed those effects. With regard to the quantitative effects of reform, this Article uses an accessible model to demonstrates that: (1) a flat ban on all exercises of eminent domain will result in some less development in urban areas (poor or not poor) and some more development in exurban or rural areas; (2) a ban on only economic development condemnations (which allows so-called blight or blight removal condemnations to continue as before) will result in some more development in poor urban areas (but not necessarily in urban areas as a whole) and in exurban or rural ones, and less development in suburban areas (at least non-poor suburbs); and (3) the extent to which alternative means of subsidizing new development (such as tax relief) will offset the loss of eminent domain depends on the level of competition among localities for new development prior to ban or restrictions on the use of eminent domain. We can say less about the quality of the development after eminent domain reforms than we can about the quantity of development after eminent domain reforms, as the qualitative claims about the nature of the development that will be encouraged or discouraged as a result of eminent domain quot;reformsquot; lack both theoretical and empirical support. Stated simply, there is no defensible way to categorize as good or bad, economically viable or non-viable, efficient or inefficient, socially beneficial or socially harmful, the development in urban areas that will be lost as a result of a flat ban on eminent domain or (in poor urban areas at least) that will be gained as a result of a ban on economic development condemnations coupled with continued allowance of blight condemnations. Given that, a new approach to the public use component of eminent domain law is needed.
Book Synopsis Property Rights and Eminent Domain by : Ellen Frankel Paul
Download or read book Property Rights and Eminent Domain written by Ellen Frankel Paul and published by Routledge. This book was released on 2017-09-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
Download or read book Bulldozed written by Carla T. Main and published by ReadHowYouWant.com. This book was released on 2010-06 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eminent domain entered the awareness of many Americans with the recent U.S. Supreme Court case Kelo v. New London. Across the political spectrum, people were outraged when the Court majority said that a local government may transfer property from one private party to another under the ''public use'' clause of the Constitution, for the sake of ''economic development. Carla T. Main - who in the past, as a lawyer, has represented the condemning authorities in eminent domain cases - examines how property rights in America have come to be so weak, tracing the history of eminent domain from the Revolutionary War to the Kelo case. But the heart of Bulldozed is a story of how eminent domain has affected an American family and the small-town community where they have lived and worked for decades. In the 1940s, Pappy and Isabel Gore established a shrimp processing plant in Freeport, Texas. Three generations of Gores built Western Seafood into a thriving business that stood up to fierce competition and market flux. But Freeport was struggling, and city officials decided that a private yacht marina on the Old Brazos River might save it. They would use eminent domain to take the Gores' waterfront property and hand it over to the developer, an heir of a legendary Texas oil family, in a risky sweetheart deal. For three years, the Gores resisted the taking with every ounce of strength they had. Around them, the fabric of the community unraveled as friends and neighbors took sides. Bulldozed vividly recounts the Gores' fight with city hall, and at the same time ponders larger questions of what property rights mean today and who among us is entitled to hold on to the American Dream.
Book Synopsis Eminent Domain Litigation and Dispute Resolution by : Aspatore, Inc
Download or read book Eminent Domain Litigation and Dispute Resolution written by Aspatore, Inc and published by Aspatore Books. This book was released on 2014-04-01 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eminent Domain Litigation and Dispute Resolution provides an authoritative, insiders perspective on best practices for advising owners of private property faced with an eminent domain challenge. Featuring partners from some of the nations leading law firms, this book guides the reader through the recent trends and legislative developments impacting citizens and lawmakers in the wake of the US Supreme Courts decision in Kelo v. City of New London. These top lawyers analyze the issues that impact their clients property rights, including a discussion of the two stages of a typical takings case: (1) deciding whether the condemnation is legally proper, and (2) determining the appropriate just compensation to which the owner is entitled. Additionally, these authors describe how effective negotiation and other creative forms of alternative dispute resolution can resolve problems that arise during eminent domain cases. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this complex field.
Book Synopsis Private Property, Community Development, and Eminent Domain by : Robin Paul Malloy
Download or read book Private Property, Community Development, and Eminent Domain written by Robin Paul Malloy and published by Routledge. This book was released on 2016-04-15 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.
Download or read book Property Rights written by B. Benson and published by Springer. This book was released on 2010-06-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.
Book Synopsis Eminent Domain; Digest of Cases by : California. Division of Contracts and Rights of Way
Download or read book Eminent Domain; Digest of Cases written by California. Division of Contracts and Rights of Way and published by . This book was released on 1958 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Eminent Domain Use and Abuse by : Dwight H. Merriam
Download or read book Eminent Domain Use and Abuse written by Dwight H. Merriam and published by American Bar Association. This book was released on 2006 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.
Download or read book Evicted! written by David Schultz and published by Bloomsbury Publishing USA. This book was released on 2009-12-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evicted! is a practical and critical look at the vulnerability of Americans' property rights to eminent domain abuse since the Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision Kelo v. City of New London, which upheld the taking of an individual's home by local government for the sake of private development, unleashed a firestorm of controversy. The backlash against eminent domain cuts across partisan, ideological, and racial lines, with 4 out of 5 Americans opposing Kelo. Critics of Kelo claim that it represents a radical departure in the law, putting every homeowner in jeopardy of dispossession by government at the service of corporate interests. But are property rights and eminent domain truly in mortal conflict? Written for general readers, property owners, and local government officials seeking to understand the implications of Kelo for eminent domain and property law, Evicted! cuts through all the hype and hysteria surrounding Kelo and argues that the alleged wave of eminent domain abuse is mostly a myth. Evicted! describes what property rights are, why the law protects them, and how eminent domain really works. Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse. Nevertheless, the author identifies certain legislative changes that are needed at the local, state, and national levels to better protect individual property owners when corporate thugs and corrupt government officials occasionally gang up against them.
Book Synopsis Abusing Eminent Domain by : Scavman Poesy
Download or read book Abusing Eminent Domain written by Scavman Poesy and published by S Benjamin Enterprises Llc. This book was released on 2006-03 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlines in unprecedented detail how to recognize and process to take stop Banks and Associates from employing Judges and Governmental officials from illegally deeming private property under eminent domain.
Book Synopsis Effective Appellate Advocacy by : Frederick Bernays Wiener
Download or read book Effective Appellate Advocacy written by Frederick Bernays Wiener and published by American Bar Association. This book was released on 2004 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can you best persuade an appellate court to decide a case in your favor? This book is packed with useful examples and clever ancedotes that will sharpen your presentation and argument skills for use at the state, federal and Supreme Court level.
Book Synopsis Power and Process: a Commentary on Eminent Domain and Condemnation by : Dexter D. MacBride
Download or read book Power and Process: a Commentary on Eminent Domain and Condemnation written by Dexter D. MacBride and published by . This book was released on 1969 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Economic Theory of Eminent Domain by : Thomas J. Miceli
Download or read book The Economic Theory of Eminent Domain written by Thomas J. Miceli and published by . This book was released on 2011 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use"--Publisher's website
Download or read book Eminent Domain written by Irene Hines and published by Nova Science Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Amendment to the U.S. Constitution states that government shall not take private property except for "public use" and with "just compensation." Officials from national organisations and state and local governments cited various purposes for which eminent domain can be or has been used, including the building or expansion of transportation-related projects; the elimination and prevention of conditions that are detrimental to the physical, social, and economic well-being of an area; remediation of environmental contamination; and economic development. This book provides information on the purposes for and extent to which eminent domain can be and has been used; the process states and select localities across the country use to acquire land, including by eminent domain; how the use of eminent domain has affected individuals and communities in select localities; and the changes state legislatures made to laws governing the use of eminent domain from June 2005 through July 2006.
Book Synopsis Law of Property Rights Protection by : Jan Laitos
Download or read book Law of Property Rights Protection written by Jan Laitos and published by Wolters Kluwer Law & Business. This book was released on 2023 with total page 1260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise on the Law of Eminent Domain in the United States by : John Lewis
Download or read book A Treatise on the Law of Eminent Domain in the United States written by John Lewis and published by . This book was released on 1900 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt:
