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Eminent Domain Law In Taiwan
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Download or read book Eminent Domain written by Iljoong Kim and published by Cambridge University Press. This book was released on 2017-04-03 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.
Download or read book Eminent Domain written by Il-chung Kim and published by Cambridge University Press. This book was released on 2017-04-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that examines the use and abuse of eminent domain across the world.
Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Private Law in China and Taiwan by : Yun-chien Chang
Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Book Synopsis Property and Trust Law in Taiwan by : Yun-chien Chang
Download or read book Property and Trust Law in Taiwan written by Yun-chien Chang and published by Kluwer Law International B.V.. This book was released on 2017-09-08 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Taiwan deals with the issues related to rights and interests in all kinds of property and assets’ immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Taiwan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Book Synopsis State Formation in China and Taiwan by : Julia C. Strauss
Download or read book State Formation in China and Taiwan written by Julia C. Strauss and published by Cambridge University Press. This book was released on 2020 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ambitious comparative study of regime consolidation in the 'revolutionary' People's Republic of China and 'conservative' Taiwan in the early 1950s.
Book Synopsis Analyzing Land Readjustment by : Yu-hung Hong
Download or read book Analyzing Land Readjustment written by Yu-hung Hong and published by . This book was released on 2007 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the authors argue for instigated property exchange--a concept applied in a land-assembly method commonly known in the literature as land readjustment.
Book Synopsis Politics in Taiwan by : Shelley Rigger
Download or read book Politics in Taiwan written by Shelley Rigger and published by Routledge. This book was released on 2002-05-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that Taiwan, unlike other countries, avoided serious economic disruption and social conflict, and arrived at its goal of multi-party competition with little blood shed. Nonetheless, this survey reveals that for those who imagine democracy to be the panacea for every social, economic and political ill, Taiwan's continuing struggles against corruption, isolation and division offer a cautionary lesson. This book is an ideal, one-stop resource for undergraduate and postgraduate students of political science, particuarly those interested in the international politics of China, and the Asia-Pacific.
Book Synopsis Resolving Land Disputes in East Asia by : Hualing Fu
Download or read book Resolving Land Disputes in East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2014-07-03 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.
Download or read book Property Law written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2023-05-31 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book of its kind, Property Law: Comparative, Empirical, and Economic Analyses, uses a unique hand-coded data set on nearly 300 dimensions on the substance of property law in 156 jurisdictions to describe the convergence and divergence of key property doctrines around the world. This book quantitatively analyzes property institutions and uses machine learning methods to categorize jurisdictions into ten legal families, challenging the existing paradigms in economics and law. Using other cross-country data, the author empirically tests theories about property law and comparative law. Using economic efficiency as both a positive and a normative criterion, each chapter evaluates which jurisdictions have the most efficient property doctrines, concluding that the common law is not more efficient than the civil law. Unlike prior studies on empirical comparative law, this book provides detailed citations to laws in each jurisdiction. Data and documentation are publicly available on the author's website.
Book Synopsis Selection and Decision in Judicial Process Around the World by : Yun-chien Chang
Download or read book Selection and Decision in Judicial Process Around the World written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2020 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.
Book Synopsis Private Property and Takings Compensation by : Yun-Chien Chang
Download or read book Private Property and Takings Compensation written by Yun-Chien Chang and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's analysis of this interesting and important area is illuminating and sure to spark further dialogue.' – Lee Anne Fennell, University of Chicago Law School, US 'Chang's book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivize assessors.' – Daniel L. Rubinfeld, University of California, Berkeley, US This innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation – zero, current value, fair market value, economic value and project value compensation – and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues.
Book Synopsis The United States, China, and Taiwan by : Robert Blackwill
Download or read book The United States, China, and Taiwan written by Robert Blackwill and published by Council on Foreign Relations Press. This book was released on 2021-02-11 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taiwan "is becoming the most dangerous flash point in the world for a possible war that involves the United States, China, and probably other major powers," warn Robert D. Blackwill, Council on Foreign Relations (CFR) Henry A. Kissinger senior fellow for U.S. foreign policy, and Philip Zelikow, University of Virginia White Burkett Miller professor of history. In a new Council Special Report, The United States, China, and Taiwan: A Strategy to Prevent War, the authors argue that the United States should change and clarify its strategy to prevent war over Taiwan. "The U.S. strategic objective regarding Taiwan should be to preserve its political and economic autonomy, its dynamism as a free society, and U.S.-allied deterrence-without triggering a Chinese attack on Taiwan." "We do not think it is politically or militarily realistic to count on a U.S. military defeat of various kinds of Chinese assaults on Taiwan, uncoordinated with allies. Nor is it realistic to presume that, after such a frustrating clash, the United States would or should simply escalate to some sort of wide-scale war against China with comprehensive blockades or strikes against targets on the Chinese mainland." "If U.S. campaign plans postulate such unrealistic scenarios," the authors add, "they will likely be rejected by an American president and by the U.S. Congress." But, they observe, "the resulting U.S. paralysis would not be the result of presidential weakness or timidity. It might arise because the most powerful country in the world did not have credible options prepared for the most dangerous military crisis looming in front of it." Proposing "a realistic strategic objective for Taiwan, and the associated policy prescriptions, to sustain the political balance that has kept the peace for the last fifty years," the authors urge the Joe Biden administration to affirm that it is not trying to change Taiwan's status; work with its allies, especially Japan, to prepare new plans that could challenge Chinese military moves against Taiwan and help Taiwan defend itself, yet put the burden of widening a war on China; and visibly plan, beforehand, for the disruption and mobilization that could follow a wider war, but without assuming that such a war would or should escalate to the Chinese, Japanese, or American homelands. "The horrendous global consequences of a war between the United States and China, most likely over Taiwan, should preoccupy the Biden team, beginning with the president," the authors conclude.
Book Synopsis Forbidden Grounds by : Richard A. Epstein
Download or read book Forbidden Grounds written by Richard A. Epstein and published by Harvard University Press. This book was released on 1992 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major
Book Synopsis The Economics of Eminent Domain by : Thomas J. Miceli
Download or read book The Economics of Eminent Domain written by Thomas J. Miceli and published by Now Publishers Inc. This book was released on 2007 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.
Book Synopsis Law and Development in Asia by : Gerald Paul McAlinn
Download or read book Law and Development in Asia written by Gerald Paul McAlinn and published by Routledge. This book was released on 2012-03-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.
Download or read book Taking Land written by Tsuyoshi Kotaka and published by University of Hawaii Press. This book was released on 2002-01-31 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.
