Procedural Requirements for Administrative Limits to Property Rights

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Publisher : Oxford University Press
ISBN 13 : 0192637673
Total Pages : 401 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Procedural Requirements for Administrative Limits to Property Rights by : Martina Conticelli

Download or read book Procedural Requirements for Administrative Limits to Property Rights written by Martina Conticelli and published by Oxford University Press. This book was released on 2022-09-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

Procedural Requirements for Administrative Limits to Property Rights

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Publisher :
ISBN 13 : 9780192637666
Total Pages : 0 pages
Book Rating : 4.6/5 (376 download)

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Book Synopsis Procedural Requirements for Administrative Limits to Property Rights by : Martina Conticelli

Download or read book Procedural Requirements for Administrative Limits to Property Rights written by Martina Conticelli and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume addresses one of the most traditional sets of procedures, namely the exercise of public powers affecting property rights. It provides a synchronic comparison of legal systems across the EU, US, and regimes beyond the State.

Law of Property Rights Protection, 3rd Edition

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Publisher : Wolters Kluwer
ISBN 13 : 1543816509
Total Pages : 1254 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Law of Property Rights Protection, 3rd Edition by : Laitos

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

Natural Resources Code

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Publisher :
ISBN 13 :
Total Pages : 924 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Natural Resources Code by : Texas

Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law of Property Rights Protection

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Publisher : Wolters Kluwer Law & Business
ISBN 13 : 1543879780
Total Pages : 1212 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Law of Property Rights Protection by : Jan Laitos

Download or read book Law of Property Rights Protection written by Jan Laitos and published by Wolters Kluwer Law & Business. This book was released on 2023 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Reasonable Public Servant

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Publisher : Routledge
ISBN 13 : 1317477944
Total Pages : 315 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis A Reasonable Public Servant by : Lily Xiao Hong Lee

Download or read book A Reasonable Public Servant written by Lily Xiao Hong Lee and published by Routledge. This book was released on 2015-02-04 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.

Government Code

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Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Government Code by : Texas

Download or read book Government Code written by Texas and published by . This book was released on 2000 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

Understanding Administrative Law

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Publisher :
ISBN 13 : 9781422498651
Total Pages : 0 pages
Book Rating : 4.4/5 (986 download)

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Book Synopsis Understanding Administrative Law by : William F. Fox

Download or read book Understanding Administrative Law written by William F. Fox and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: External controls on administrative agencies : the legislative branch -- External controls on administrative agencies : the executive branch -- The exercise of agency power -- Agency decision-making : the constitutional limitations -- Agency decision-making : choosing rule or order -- Rulemaking.

Occupations Code

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (428 download)

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Book Synopsis Occupations Code by : Texas

Download or read book Occupations Code written by Texas and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Property Rights and Eminent Domain

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Publisher : Routledge
ISBN 13 : 1351496271
Total Pages : 283 pages
Book Rating : 4.3/5 (514 download)

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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 283 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

Introduction to Law

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Publisher : Springer
ISBN 13 : 3319572520
Total Pages : 397 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Introduction to Law by : Jaap Hage

Download or read book Introduction to Law written by Jaap Hage and published by Springer. This book was released on 2017-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.

Michigan Court Rules

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Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Law and Process

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis Administrative Law and Process by : Richard J. Pierce

Download or read book Administrative Law and Process written by Richard J. Pierce and published by . This book was released on 1985 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Land Administration Guidelines

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Publisher : New York : United Nations
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Land Administration Guidelines by : United Nations. Economic Commission for Europe

Download or read book Land Administration Guidelines written by United Nations. Economic Commission for Europe and published by New York : United Nations. This book was released on 1996 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Review of Administration in Europe

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Publisher : Oxford University Press
ISBN 13 : 0198867603
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Judicial Review of Administration in Europe by : Giacinto Della Cananea

Download or read book Judicial Review of Administration in Europe written by Giacinto Della Cananea and published by Oxford University Press. This book was released on 2021 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

German Administrative Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3662024578
Total Pages : 214 pages
Book Rating : 4.6/5 (62 download)

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Book Synopsis German Administrative Law by : Mahendra P. Singh

Download or read book German Administrative Law written by Mahendra P. Singh and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His famil iarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German lan guage gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law.