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Author : Randolph W. Church
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (395 download)
Download or read book Federal Cases on Right of Entry (eminent Domain). written by Randolph W. Church and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laitos
Publisher : Wolters Kluwer
ISBN 13 : 1543816509
Total Pages : 1254 pages
Book Rating : 4.5/5 (438 download)
Download or read book Law of Property Rights Protection, 3rd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.3/5 (91 download)
Download or read book Taking of Property written by United Nations Conference on Trade and Development and published by . This book was released on 2000 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.
Author : Julius L. Sackman
Publisher :
ISBN 13 :
Total Pages : 1084 pages
Book Rating : 4.F/5 ( download)
Download or read book Nichols on Eminent Domain written by Julius L. Sackman and published by . This book was released on 2006 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : W. H. Manier
Publisher :
ISBN 13 : 9781330842881
Total Pages : 478 pages
Book Rating : 4.8/5 (428 download)
Download or read book Law of Eminent Domain, and of Railroads and Warehouses (Classic Reprint) written by W. H. Manier and published by . This book was released on 2015-07-06 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Law of Eminent Domain, and of Railroads and Warehouses Illinois has been one of the first states which has attempted to regulate and control railway and other corporations by general laws, and many questions have arisen both as to the constitutional power of the legislature to regulate the same, and as to the proper construction of laws enacted for that purpose. These questions have been ably discussed by eminent counsel on both sides, and it would seem that almost every question has been presented and passed upon by our courts. This has resulted in many decisions, which lie scattered through nearly all our State reports, thus making them difficult of access. This fact induced the author to present this compilation of the statutes and decisions in a single volume, hoping thereby to serve the profession and the courts. He has presented all the statute laws on the subject of Eminent Domain, Railways and Public Warehouses, together with the decisions of the Appellate Court and Supreme Court of the State and those of the Federal Courts, and some of the more important decisions of the courts of last resorts in other states. That part of the work relating to Eminent Domain will be found useful in many if not all the states. The decisions collected include all made since the admission of Illinois into the Union. They embrace much relating to the right to condemn land for public use, and by what bodies or agencies, and the mode of the exercise of the right, both under the Constitution of 1848 and that of 1870. This is especially true as to the proper measure of the compensation and damages to be paid by the bodies seeking to condemn. The cases given relate to condemnation by cities and villages of land for parks and other public uses, and for railway purposes. The cases denning the right of one railway company to condemn a right of way over or along another railway, or to condemn property already devoted to a public use, will be found useful, not only to the profession in this State, but throughout the whole country. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Ilya Somin
Publisher : University of Chicago Press
ISBN 13 : 022645682X
Total Pages : 377 pages
Book Rating : 4.2/5 (264 download)
Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2016-11-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Author : Randolph W. Church
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (395 download)
Download or read book Right of Entry (eminent Domain) written by Randolph W. Church and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Texas
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (115 download)
Download or read book Property Code written by Texas and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark C. Patronsky
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (89 download)
Download or read book Legislation Relating to Eminent Domain written by Mark C. Patronsky and published by . This book was released on 1977 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 : 9781579691684
Total Pages : 449 pages
Book Rating : 4.6/5 (916 download)
Download or read book Condemnation Law and Procedures in New York written by and published by . This book was released on 2005 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 184 pages
Book Rating : 4.1/5 (993 download)
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author : Wesley Newcomb Hohfeld
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.3/5 (511 download)
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays written by Wesley Newcomb Hohfeld and published by . This book was released on 1920 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ilya Somin
Publisher : Oxford University Press
ISBN 13 : 0190054603
Total Pages : 240 pages
Book Rating : 4.1/5 (9 download)
Download or read book Free to Move written by Ilya Somin and published by Oxford University Press. This book was released on 2020-04-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ballot box voting is often considered the essence of political freedom. But it has two major shortcomings: individual voters have little chance of making a difference, and they face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both these pitfalls and offers a wider range of choices. In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. People can vote with their feet through international migration, choosing where to live within a federal system, and by making decisions in the private sector. Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, increasing crime and terrorism, and spreading undesirable cultural values. While these objections are usually directed at international migration, Somin shows how a consistent commitment to such theories would also justify severe restrictions on domestic freedom of movement. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right. This revised and expanded edition addresses key new issues, including fears that migration could spread dangerous diseases, such as Covid-19, claims that immigrants might generate a political backlash that threatens democracy, and the impact of remote work.
Author : Jeffrey Axelrad
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.F/5 ( download)
Download or read book Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paul Raines
Publisher : "O'Reilly Media, Inc."
ISBN 13 : 0596555792
Total Pages : 458 pages
Book Rating : 4.5/5 (965 download)
Download or read book Tcl/Tk in a Nutshell written by Paul Raines and published by "O'Reilly Media, Inc.". This book was released on 1999-03-25 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tcl language and Tk graphical toolkit are simple and powerful building blocks for custom applications. The Tcl/Tk combination is increasingly popular because it lets you produce sophisticated graphical interfaces with a few easy commands, develop and change scripts quickly, and conveniently tie together existing utilities or programming libraries.One of the attractive features of Tcl/Tk is the wide variety of commands, many offering a wealth of options. Most of the things you'd like to do have been anticipated by the language's creator, John Ousterhout, or one of the developers of Tcl/Tk's many powerful extensions. Thus, you'll find that a command or option probably exists to provide just what you need.And that's why it's valuable to have a quick reference that briefly describes every command and option in the core Tcl/Tk distribution as well as the most popular extensions. Keep this book on your desk as you write scripts, and you'll be able to find almost instantly the particular option you need.Most chapters consist of alphabetical listings. Since Tk and mega-widget packages break down commands by widget, the chapters on these topics are organized by widget along with a section of core commands where appropriate. Contents include: Core Tcl and Tk commands and Tk widgets C interface (prototypes) Expect [incr Tcl] and [incr Tk] Tix TclX BLT Oratcl, SybTcl, and Tclodbc
Author : Texas
Publisher :
ISBN 13 :
Total Pages : 588 pages
Book Rating : 4.F/5 ( download)
Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
