Private Property And The Public Interest

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Public Interest, Private Property

Author : Anneke Smit
Publisher : UBC Press
ISBN 13 : 0774829346
Total Pages : 335 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Public Interest, Private Property by : Anneke Smit

Download or read book Public Interest, Private Property written by Anneke Smit and published by UBC Press. This book was released on 2015-12-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.

Property Law and the Public Interest

Author : Joseph Gordon Hylton
Publisher : Lexis Law Publishing (Va)
ISBN 13 :
Total Pages : 818 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Property Law and the Public Interest by : Joseph Gordon Hylton

Download or read book Property Law and the Public Interest written by Joseph Gordon Hylton and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook addresses changes that have occurred both in the law of property & in the law school curriculum. Its central premise is that the public & private law features of the law of property are so intertwined that the two can only be studied in conjunction. Consequently, the authors don't divide the materials into private & public law, as has been the norm. Instead, this new approach presents the law of property as a body of legal doctrine that is both public & private, & which has as its principal function the orderly transfer & use of natural & man-made resources. Teacher's Manual Casebook also available electronically

The Public Nature of Private Property

Author : Professor Michael Diamond
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497682
Total Pages : 275 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis The Public Nature of Private Property by : Professor Michael Diamond

Download or read book The Public Nature of Private Property written by Professor Michael Diamond and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Private Property and the Public Interest

Author : Ann L. Strong
Publisher :
ISBN 13 : 9780608061320
Total Pages : 232 pages
Book Rating : 4.0/5 (613 download)

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Book Synopsis Private Property and the Public Interest by : Ann L. Strong

Download or read book Private Property and the Public Interest written by Ann L. Strong and published by . This book was released on 1975 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Land We Share

Author : Eric T. Freyfogle
Publisher : Island Press
ISBN 13 : 9781610912402
Total Pages : 346 pages
Book Rating : 4.9/5 (124 download)

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Book Synopsis The Land We Share by : Eric T. Freyfogle

Download or read book The Land We Share written by Eric T. Freyfogle and published by Island Press. This book was released on 2003-08-08 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America. Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.

The Economic Basis of Public Interest

Author : Rexford Guy Tugwell
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Economic Basis of Public Interest by : Rexford Guy Tugwell

Download or read book The Economic Basis of Public Interest written by Rexford Guy Tugwell and published by . This book was released on 1922 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Property and the Public Interest

Author : California Tomorrow (Organization)
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Private Property and the Public Interest by : California Tomorrow (Organization)

Download or read book Private Property and the Public Interest written by California Tomorrow (Organization) and published by . This book was released on 1974 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Property and the Public Interest, Summary of a Proceedings

Author : California Tomorrow (Organization)
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.:/5 (588 download)

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Book Synopsis Private Property and the Public Interest, Summary of a Proceedings by : California Tomorrow (Organization)

Download or read book Private Property and the Public Interest, Summary of a Proceedings written by California Tomorrow (Organization) and published by . This book was released on 1974 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Property and the Constitution

Author : James Huffman
Publisher : Springer
ISBN 13 : 1137376732
Total Pages : 230 pages
Book Rating : 4.1/5 (373 download)

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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.

Private and Common Property

Author : Richard A. Epstein
Publisher : Routledge
ISBN 13 : 1136765603
Total Pages : 404 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Private and Common Property by : Richard A. Epstein

Download or read book Private and Common Property written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.

Private Property and State Power

Author : J. Huffman
Publisher : Springer
ISBN 13 : 1137376724
Total Pages : 193 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Private Property and State Power by : J. Huffman

Download or read book Private Property and State Power written by J. Huffman and published by Springer. This book was released on 2013-12-05 with total page 193 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.

Economics and Ethics of Private Property

Author : Hans-Hermann Hoppe
Publisher : Ludwig von Mises Institute
ISBN 13 : 1610164687
Total Pages : 446 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Economics and Ethics of Private Property by : Hans-Hermann Hoppe

Download or read book Economics and Ethics of Private Property written by Hans-Hermann Hoppe and published by Ludwig von Mises Institute. This book was released on 2006 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Turning Point in Private Law

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 262 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Turning Point in Private Law by : Ugo Mattei

Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

The Constitutional Protection of Private Property in China

Author : Chuanhui Wang
Publisher : Cambridge University Press
ISBN 13 : 1316467902
Total Pages : 375 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Constitutional Protection of Private Property in China by : Chuanhui Wang

Download or read book The Constitutional Protection of Private Property in China written by Chuanhui Wang and published by Cambridge University Press. This book was released on 2016-01-25 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines – public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.

Private Property, Community Development, and Eminent Domain

Author : Professor Robin Paul Malloy
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409496066
Total Pages : 348 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Private Property, Community Development, and Eminent Domain by : Professor Robin Paul Malloy

Download or read book Private Property, Community Development, and Eminent Domain written by Professor Robin Paul Malloy and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

Private Property, Community Development, and Eminent Domain

Author : Robin Paul Malloy
Publisher : Routledge
ISBN 13 : 1317075668
Total Pages : 235 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Private Property, Community Development, and Eminent Domain by : Robin Paul Malloy

Download or read book Private Property, Community Development, and Eminent Domain written by Robin Paul Malloy and published by Routledge. This book was released on 2016-04-15 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

Design for Liberty

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674063058
Total Pages : 247 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Design for Liberty by : Richard A. Epstein

Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.