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Have The U S Supreme Courts 5th Amendment Takings Decisions Changed Land Use Planning In California
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Book Synopsis Have the U. S. Supreme Court's 5th Amendment Takings Decisions Changed Land Use Planning in California? by : Daniel Pollak
Download or read book Have the U. S. Supreme Court's 5th Amendment Takings Decisions Changed Land Use Planning in California? written by Daniel Pollak and published by DIANE Publishing. This book was released on 2001-04 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposition 13 reduced the ability of local gov't's. to finance public goods and infrastructure through local taxes. Local gov't's. responded by increasing their reliance on fees and exactions. The constitutional takings clause may represent yet another limitation on the ability of local gov't's. to finance public improvements. In addition, CA's burgeoning population and scenic and natural resources make it fertile ground for the conflicts associated with growth: how should transportation infrastructure and other public services be financed as communities spread outward? How should open space, habitat, and access to recreational resources be preserved and paid for? Tables.
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 Property in the 21st Century by : Harvey Martin Jacobs
Download or read book Private Property in the 21st Century written by Harvey Martin Jacobs and published by Edward Elgar Publishing. This book was released on 2003-12-19 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ownership and control of privately owned lands is critical for many fields. Scholars, students and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture should find this volume useful.
Book Synopsis Nichols on Eminent Domain by : Julius L. Sackman
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:
Book Synopsis Curtin's California Land Use and Planning Law by : Daniel J. Curtin
Download or read book Curtin's California Land Use and Planning Law written by Daniel J. Curtin and published by . This book was released on 2001 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Four Supreme Court Land-use Decisions of 2005 by : American Planning Association
Download or read book The Four Supreme Court Land-use Decisions of 2005 written by American Planning Association and published by . This book was released on 2005 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, in one volume, are both an overview and an in-depth research resource about four landmark Supreme Court decisions of 2005 that may affect the day-to-day work of planners. The report corrects much misinformation that has been published about the Kelo decision. Included for each case are an overview, the text of the Supreme Court opinion (including dissenting and concurring opinions), the text of the amicus brief that APA filed, and (for Kelo and Lingle) commentary and reaction. The articles in the commentary and reaction sections, as well as the Foreword and Afterword, describe how these decisions will affect everyday planning practice. The various articles in this report are excerpted from other APA publications and the APA website.
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.
Book Synopsis Proceedings of the Institute on Planning, Zoning, and Eminent Domain by :
Download or read book Proceedings of the Institute on Planning, Zoning, and Eminent Domain written by and published by . This book was released on 2002 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Taking Issue by : Fred P. Bosselman
Download or read book The Taking Issue written by Fred P. Bosselman and published by . This book was released on 1973 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners.
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:
Book Synopsis The Guardian of Every Other Right by : James W. Ely
Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press on Demand. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.
Book Synopsis U.C. Davis Law Review by : University of California, Davis. School of Law
Download or read book U.C. Davis Law Review written by University of California, Davis. School of Law and published by . This book was released on 2001 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California State Publications written by and published by . This book was released on 2000 with total page 28 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)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
Book Synopsis Zoning and Planning Law Handbook by :
Download or read book Zoning and Planning Law Handbook written by and published by . This book was released on 2008 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Book Synopsis Smart Growth and Community Planning by : Richard Paul Deletetsky
Download or read book Smart Growth and Community Planning written by Richard Paul Deletetsky and published by . This book was released on 2001 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
