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Author : United States
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (321 download)
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Margalynne Armstrong
Publisher :
ISBN 13 : 9781616144807
Total Pages : 0 pages
Book Rating : 4.1/5 (448 download)
Download or read book Eminent Domain and the Takings Clause written by Margalynne Armstrong and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : LandMark Publications
Publisher :
ISBN 13 : 9781522043676
Total Pages : 560 pages
Book Rating : 4.0/5 (436 download)
Download or read book Fifth Amendment Takings Clause written by LandMark Publications and published by . This book was released on 2017-08-08 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss issues surrounding the Fifth Amendment Takings Clause. The selection of decisions spans from 2011 to the date of publication.The law on condemnations and physical takings, which the Supreme Court has described as "as old as the Republic," is governed by the simple rule that "[w]hen the government physically takes possession of an interest in property for some public purpose, it has a categorical duty to compensate the former owner." Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency, 535 U.S. 302, 322, 122 S.Ct. 1465, 152 L.Ed.2d 517 (2002). Thus, in physical takings cases, the analysis inevitably focuses on the public use and just compensation requirements. Rancho de Calistoga v. City of Calistoga, 800 F. 3d 1083 (9th Cir. 2015).In contrast to a physical taking, a regulatory taking occurs where "government regulation of private property [is] so onerous that its effect is tantamount to a direct appropriation or ouster." Lingle, 544 U.S. at 537, 125 S.Ct. 2074. Regulatory takings claims, such as the one here, are "of more recent vintage." Tahoe-Sierra, 535 U.S. at 322, 122 S.Ct. 1465. These claims are "characterized by essentially ad hoc, factual inquiries, designed to allow careful examination and weighing of all the relevant circumstances" to determine whether a taking has occurred in the first place. Id. (citations and internal quotation marks omitted). The factors to be considered in this type of factual inquiry are laid out in Penn Central Transportation Company v. City of New York, 438 U.S. 104, 124, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978). Only after it has been determined that a taking has occurred do the issues of public use and just compensation become relevant. Rancho de Calistoga v. City of Calistoga, ibid.
Author : LandMark Publications
Publisher :
ISBN 13 : 9781980381921
Total Pages : 536 pages
Book Rating : 4.3/5 (819 download)
Download or read book Fifth Amendment Takings written by LandMark Publications and published by . This book was released on 2018-02-26 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding Fifth Amendment takings. * * * Governmental interference with property rights constitutes a taking if it "goes too far." Pa. Coal Co. v. Mahon, 260 U.S. 393, 412-15, 43 S.Ct. 158, 67 L.Ed. 322 (1922). The "Fifth Amendment's guarantee ... [is] designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." Armstrong v. United States, 364 U.S. 40, 49, 80 S.Ct. 1563, 4 L.Ed.2d 1554 (1960). The Supreme Court has recognized that there is no "'set formula' for determining when 'justice and fairness' require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons." Penn Central, 438 U.S. at 124, 98 S.Ct. 2646 (citing Goldblatt v. Hempstead, 369 U.S. 590, 594, 82 S.Ct. 987, 8 L.Ed.2d 130 (1962)). The common touchstone of regulatory takings precedent is "to identify regulatory actions that are functionally equivalent to the classic taking in which government directly appropriates private property or ousts the owner from his domain." Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 539, 125 S.Ct. 2074, 161 L.Ed.2d 876 (2005). Reoforce, Inc. v. US, 853 F. 3d 1249 (Fed. Cir. 2017). * * * Deprivation of a property right, even if temporary, may merit just compensation under the takings clause. "[O]nce a court finds that a police power regulation has effected a 'taking,' the government entity must pay just compensation for the period commencing on the date the regulation first effected the 'taking,' and ending on the date the government entity chooses to rescind or otherwise amend the regulation." Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency, 535 U.S. 302, 328, 122 S.Ct. 1465, 152 L.Ed.2d 517 (2002) (quoting San Diego Gas & Elec. Co. v. City of San Diego, 450 U.S. 621, 658, 101 S.Ct. 1287, 67 L.Ed.2d 551 (1981)). This "reflect[s] the fact that 'temporary' takings which ... deny a landowner all use of his property, are not different in kind from permanent takings, for which the Constitution clearly requires compensation." First English Evangelical Lutheran Church of Glendale v. Cty. of L.A., 482 U.S. 304, 318, 107 S.Ct. 2378, 96 L.Ed.2d 250 (1987). Reoforce, Inc. v. US, ibid.
Author : Donald A. Ritchie
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.0/5 ( download)
Download or read book Our Constitution written by Donald A. Ritchie and published by Oxford University Press, USA. This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
Author : Jeffrey M. Gaba
Publisher :
ISBN 13 :
Total Pages : 27 pages
Book Rating : 4.:/5 (664 download)
Download or read book When "Takings" Happen to Good People written by Jeffrey M. Gaba and published by . This book was released on 2001 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Dana
Publisher :
ISBN 13 : 9781587780783
Total Pages : 0 pages
Book Rating : 4.7/5 (87 download)
Download or read book Property written by David Dana and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : John Fee
Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.:/5 (129 download)
Download or read book The Takings Clause as a Comparative Right written by John Fee and published by . This book was released on 2015 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Amendment Takings Clause, like the Equal Protection Clause, is designed to protect the legal rights of individual citizens relative to others, not to protect the legal rights of individual expectations of wealth or to provide and insurance policy against unreasonable governmental burdens. The proper role of the regulatory takings doctrine is to require compensation in those circumstances where the government legitimately targets one or a few owners to bear a unique legal burden for the benefit of the general community. Only through a comparative theory of takings doctrine can we begin to solve many of the puzzles that appear in the law. This paper provides a defense of a comparative theory of takings law, a discussion of how a comparative theory should work, and shows how a comparative theory serves to explain many of the results of current takings law.
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 : Robert Dittmer
Publisher :
ISBN 13 : 9781512359350
Total Pages : 792 pages
Book Rating : 4.3/5 (593 download)
Download or read book Eminent Domain and Takings Clause Supreme Court Decisions written by Robert Dittmer and published by . This book was released on 2013-12-09 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a sourcebook on the supreme court's decisions on the Takings Clause of the fifth amendment.
Author : Shafiq Rasul
Publisher :
ISBN 13 :
Total Pages : 770 pages
Book Rating : 4.3/5 ( download)
Download or read book Rasul Versus Bush (2004) written by Shafiq Rasul and published by . This book was released on 2004 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernard Siegan
Publisher : Routledge
ISBN 13 : 1351325949
Total Pages : 520 pages
Book Rating : 4.3/5 (513 download)
Download or read book Property Rights written by Bernard Siegan and published by Routledge. This book was released on 2018-04-24 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Author : Ernst Freund
Publisher :
ISBN 13 :
Total Pages : 926 pages
Book Rating : 4.F/5 ( download)
Download or read book The Police Power, Public Policy and Constitutional Rights written by Ernst Freund and published by . This book was released on 1904 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Reihan Salam
Publisher : Mercatus Center at George Mason University
ISBN 13 : 0983607753
Total Pages : 141 pages
Book Rating : 4.9/5 (836 download)
Download or read book Copyright Unbalanced written by Reihan Salam and published by Mercatus Center at George Mason University. This book was released on 2012 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution gives Congress the power to establish copyright “to promote the Progress of Science and useful Arts.” This requires Congress to engage in a delicate balancing act, giving authors enough protection that they will be motivated to create expressive works, but not so much that it hampers innovation and public access to information. Yet over the past half-century Congress has routinely shifted the balance in only one direction—away from access and freedom and toward greater privileges for organized special interests. Conservatives and libertarians, who are naturally suspicious of big government, should be skeptical of an ever-expanding copyright system. They should also be skeptical of the recent trend toward criminal prosecution of even minor copyright infringements, of the growing use of civil asset forfeiture in copyright enforcement, and of attempts to regulate the Internet and electronics in the name of piracy eradication. Copyright Unbalanced is not a moral case for or against copyright; it is a pragmatic look at the excesses of the present copyright regime and of proposals to expand it further. It is a call for reform—to roll back the expansions and reinstate the limits that the Constitution’s framers placed on copyright. Published by the Mercatus Center at George Mason University.
Author : John Montague Steadman
Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.F/5 ( download)
Download or read book Litigation with the Federal Government written by John Montague Steadman and published by . This book was released on 1983 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines statutes governing actions against the federal government, such as the Tucker Act and the Federal Tort Claims Act. The expansion of attorneys' fees recovery against the U.S. made possible by the 1980 Equal Access to Justice Act is treated in detail, as are the changes in contract dispute resolution contained in the Contract Disputes Act of 1978.
Author : Bruce Ackerman
Publisher : Yale University Press
ISBN 13 : 0300158068
Total Pages : 315 pages
Book Rating : 4.3/5 (1 download)
Download or read book Private Property and the Constitution written by Bruce Ackerman and published by Yale University Press. This book was released on 2008-10-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Author : Robert Meltz
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (15 download)
Download or read book International Conflict and Property Rights written by Robert Meltz and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
