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Author :
Publisher :
ISBN 13 :
Total Pages : 1368 pages
Book Rating : 4.F/5 ( download)
Download or read book Land Use Institute, Planning, Regulation, Litigation, Eminent Domain, and Compensation written by and published by . This book was released on 2008 with total page 1368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jerome G. Rose
Publisher : Routledge
ISBN 13 : 1351509055
Total Pages : 561 pages
Book Rating : 4.3/5 (515 download)
Download or read book Legal Foundations of Land Use Planning written by Jerome G. Rose and published by Routledge. This book was released on 2017-07-12 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Author : Peter W. Salsich
Publisher : Real Property Probate and Trust Law American Bar Association
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.3/5 (91 download)
Download or read book Land Use Regulation written by Peter W. Salsich and published by Real Property Probate and Trust Law American Bar Association. This book was released on 1998 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Harvey Martin Jacobs
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.3/5 (91 download)
Download or read book State Property Rights Laws written by Harvey Martin Jacobs and published by . This book was released on 1999 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This policy focus report examines the conservative land use movement that emerged in the 1990s to pursue a vigorous legislative agenda at every level of government. While the specific impacts of laws to protect private property rights have been minimal, they have reshaped public perceptions about the balance between private and public rights in land. A middle ground is required that recognizes the need to regulate private property while respecting the core concept of private property rights.
Author : Robert Meltz
Publisher : Island Press
ISBN 13 : 9781597263283
Total Pages : 626 pages
Book Rating : 4.2/5 (632 download)
Download or read book The Takings Issue written by Robert Meltz and published by Island Press. This book was released on 1998-12 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.
Author : Daniel P. Selmi
Publisher : Aspen Publishing
ISBN 13 : 1454887966
Total Pages : 1304 pages
Book Rating : 4.4/5 (548 download)
Download or read book Land Use Regulation written by Daniel P. Selmi and published by Aspen Publishing. This book was released on 2017-03-01 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Author : Frank Schnidman
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 420 pages
Book Rating : 4.:/5 (43 download)
Download or read book Handling the Land Use Case written by Frank Schnidman and published by Aspen Publishers. This book was released on 1984 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fred P. Bosselman
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.3/5 (121 download)
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.
Author :
Publisher :
ISBN 13 :
Total Pages : 570 pages
Book Rating : 4.:/5 (25 download)
Download or read book Proceedings of the Institute on Planning, Zoning, and Eminent Domain written by and published by . This book was released on 1977 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernard H. Siegan
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)
Download or read book Planning Without Prices written by Bernard H. Siegan and published by . This book was released on 1977 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers of a conference held in San Diego, Calif., Oct. 4-6, 1975, under the joint sponsorship of the Institute for Humane Studies, Menlo Park, and the University of San Diego School of Law. Includes bibliographical references and indexes.
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 : Robert H. Freilich
Publisher : Routledge
ISBN 13 : 1351178229
Total Pages : 375 pages
Book Rating : 4.3/5 (511 download)
Download or read book Model Subdivision Regulations written by Robert H. Freilich and published by Routledge. This book was released on 1995-01-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major revision of a classic planning text. This book contains a complete model subdivision ordinance for city and county governments as well as more than 100 pages of legal commentary. The model regulations are generally compatible with all state statutes and work in urban, suburban, and rural settings. They show how communities can finance capital facilities, balance new development with existing surroundings, avoid exposure to the legal pitfalls of takings and substantive due process claims, and much more. Two new chapters cover public facilities impact fees and land readjustment. The chapter on impact fees includes a section on regulatory takings law that looks at how prominent U.S. Supreme Court cases have affected property rights, development, and regulation. Each section of the model regulations is followed by insightful commentary that supports, annotates, and documents the text. The authors explore the rationale for using various regulations, basing their arguments on existing statutory authority, case law, and federal constitutional requirements. The commentary identifies and explains changes from the original model regulations. Whether you're drafting new regulations or considering amendments to existing ones, you'll find Model Subdivision Regulations to be an invaluable reference.
Author : Dawn Jourdan
Publisher : Routledge
ISBN 13 : 131774800X
Total Pages : 268 pages
Book Rating : 4.3/5 (177 download)
Download or read book Planning for Wicked Problems written by Dawn Jourdan and published by Routledge. This book was released on 2015-10-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to teach students pursuing graduate degrees in urban and regional planning are often frustrated by the "case books" that have been prepared for use by law professors teaching similar courses. Dawn Jourdan and Eric J. Strauss have attempted to take their concerns to heart in the design of this Planning for Wicked Problems: A Planner's Guide to Land Use Law. Each chapter begins with a planning problem that is complex and has no "correct" answer. Students should answer this hypothetical before reading the subsequent sections of each of the chapters. The second section of each chapter provides a primer for each topic. This primer is meant to summarize the basic principles of the law and to identify the types of questions relevant to planners when such issues arise. The third section of each chapter includes a series of edited court opinions. The cases selected have been identified by American Institute of Certified Planners as those fundamental to planning education. Each chapter concludes with an answer to the proposed wicked planning problem. Planning for Wicked Problems has been written to demonstrate to future planners how the law may be a useful tool in helping them invent solutions to wicked planning problems. The book features a companion website for additional study and review.
Author : Rachelle Alterman
Publisher : American Bar Association
ISBN 13 : 9781604425505
Total Pages : 418 pages
Book Rating : 4.4/5 (255 download)
Download or read book Takings International written by Rachelle Alterman and published by American Bar Association. This book was released on 2010 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.
Author : Robert H. Freilich
Publisher : American Bar Association
ISBN 13 : 9781604428124
Total Pages : 394 pages
Book Rating : 4.4/5 (281 download)
Download or read book From Sprawl to Sustainability written by Robert H. Freilich and published by American Bar Association. This book was released on 2010 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: From sprawl to smart growth.
Author : Daniel P. Selmi
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.3/5 (91 download)
Download or read book Land Use Regulation written by Daniel P. Selmi and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dynamic casebook focuses on the role of the lawyer in land use regulatory matters And The factors that influence land development decisions. it emphasizes the modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, Is equally well suited for courses in land use and land development. When you examine this concise casebook, be sure to notice its: Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters. Plentiful materials -- news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field. Emphasis on the most current material and recent cases to convey the dynamic context of land use law. Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions. Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates. Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society. Clear and practical explanations of the lawyer's role. Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide For The Second Edition, The authors have refined and improved their casebook by incorporating: deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) And The academic debate over the origins and reach of takings law. New cases of First Amendment protections: City of Los Angeles v. Alameda Books, The Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions. New information on the economics of land use. A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction To The field. A completely updated section on smart growth, sprawl, and sustainable development. Expanded coverage of private law instruments, such as development agreements. New materials on annexations and redevelopment law. Cases chosen for their teaching value. Land Use Regulation: Cases and Materials, Second Edition, Is an excellent vehicle for giving students a realistic look at the modern practice of land use law.
Author : Harvey M. Jacobs
Publisher : Univ of Wisconsin Press
ISBN 13 : 0299159930
Total Pages : 289 pages
Book Rating : 4.2/5 (991 download)
Download or read book Who Owns America? written by Harvey M. Jacobs and published by Univ of Wisconsin Press. This book was released on 1998-10-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land ownership by individual citizens is a cornerstone of American heritage and a centerpiece of the American dream. Thomas Jefferson called it the key to our success as a democracy. Yet the question of who owns America not only remains unanswered but is central to a fundamental conflict that can pit private property rights advocates against government policymakers and environmentalists. Land use authority Harvey M. Jacobs has gathered a provocative collection of perspectives from eighteen contributors in the fields of law, history, anthropology, economics, sociology, forestry, and environmental studies. Who Owns America? begins with the popular view of land ownership as seen though the television show Bonanza! It examines public regulation of private land; public land management; the roles culture and ethnic values play in land use; and concludes with Jacobs’ title essay. Who Owns America? is a powerful and illuminating exploration of the very terrain that makes us Americans. Its broad set of theoretical and historical perspectives will fascinate historians, environmental activists, policy makers, and all who care deeply about the land we share.
