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Powers Of The States To Define Property Regulate Its Uses And To Deprive A Person Of His Property
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Book Synopsis Powers of the States to Define Property, Regulate Its Uses and to Deprive a Person of His Property by : Gordon Saul Philip Kleeberg
Download or read book Powers of the States to Define Property, Regulate Its Uses and to Deprive a Person of His Property written by Gordon Saul Philip Kleeberg and published by . This book was released on 1906 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Powers of the States to Define Property, Regulate Its Uses and to Deprive a Person of His Property by : Murray Goodlet Jenkins
Download or read book Powers of the States to Define Property, Regulate Its Uses and to Deprive a Person of His Property written by Murray Goodlet Jenkins and published by . This book was released on 1906 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Limitation on the Powers of the States to Define Property and Regulate Its Uses, and to Deprive a Person of His Property, with Special Regard to the Regulation of Railroads and Trade by : Edward Benjamin Levy
Download or read book Constitutional Limitation on the Powers of the States to Define Property and Regulate Its Uses, and to Deprive a Person of His Property, with Special Regard to the Regulation of Railroads and Trade written by Edward Benjamin Levy and published by . This book was released on 1905 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Limitation on the Powers of the States to Define Property and Regulate Its Uses, and to Deprive a Person of His Property, with Special Regard to the Regulation of Railroads and Trade by : Charles James Lane
Download or read book Constitutional Limitation on the Powers of the States to Define Property and Regulate Its Uses, and to Deprive a Person of His Property, with Special Regard to the Regulation of Railroads and Trade written by Charles James Lane and published by . This book was released on 1905 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Limitations on the Powers of the State to Define Property and Regulate Its Use, and to Deprive a Person of His Property by : Bell Woods Montgomery
Download or read book Constitutional Limitations on the Powers of the State to Define Property and Regulate Its Use, and to Deprive a Person of His Property written by Bell Woods Montgomery and published by . This book was released on 1907 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Limitations on the Powers of the State to Define Property and Regulate Its Use, and to Deprive a Person of His Property by : Norman Pulver Stevens Schloss
Download or read book Constitutional Limitations on the Powers of the State to Define Property and Regulate Its Use, and to Deprive a Person of His Property written by Norman Pulver Stevens Schloss and published by . This book was released on 1907 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
Book Synopsis Cato Handbook for Policymakers by : Cato Institute
Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Book Synopsis Property and Freedom by : Bernard H. Siegan
Download or read book Property and Freedom written by Bernard H. Siegan and published by Transaction Pub. This book was released on 1997-01-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations—a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.
Download or read book Property Rights written by Polly J. Price and published by Bloomsbury Publishing USA. This book was released on 2003-06-23 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the evolution of property rights in the United States—from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.
Book Synopsis Property and the Constitution by : Janet McLean
Download or read book Property and the Constitution written by Janet McLean and published by Hart Publishing. This book was released on 1999-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Taking of Property by : United Nations Conference on Trade and Development
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.
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 and the Constitution by : James Huffman
Download or read book Private Property and the Constitution written by James Huffman and published by Springer. This book was released on 2013-12-05 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.
Book Synopsis Property Rights and the Constitution by : Dennis J. Coyle
Download or read book Property Rights and the Constitution written by Dennis J. Coyle and published by State University of New York Press. This book was released on 1993-07-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.
Book Synopsis Property Rights and Eminent Domain by : Ellen Frankel Paul
Download or read book Property Rights and Eminent Domain written by Ellen Frankel Paul and published by Routledge. This book was released on 2017-09-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
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.
