Property Rights And Compensation

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Law of Property Rights Protection, 3rd Edition

Author : Laitos
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

Land Compensation & Valuation Law in Hong Kong

Author : Gordon N. Cruden
Publisher :
ISBN 13 : 9789888301324
Total Pages : 807 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Land Compensation & Valuation Law in Hong Kong by : Gordon N. Cruden

Download or read book Land Compensation & Valuation Law in Hong Kong written by Gordon N. Cruden and published by . This book was released on 2017 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Taking Property and Just Compensation

Author : Nicholas Mercuro
Publisher : Springer Science & Business Media
ISBN 13 : 9401129584
Total Pages : 240 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Taking Property and Just Compensation by : Nicholas Mercuro

Download or read book Taking Property and Just Compensation written by Nicholas Mercuro and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.

Property Rights and Compensation

Author : Jack L. Knetsch
Publisher :
ISBN 13 : 9780409843057
Total Pages : 181 pages
Book Rating : 4.8/5 (43 download)

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Book Synopsis Property Rights and Compensation by : Jack L. Knetsch

Download or read book Property Rights and Compensation written by Jack L. Knetsch and published by . This book was released on 1983 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Property Restitution and Compensation

Author : International Organization for Migration
Publisher : Hammersmith Press
ISBN 13 : 929068450X
Total Pages : 308 pages
Book Rating : 4.2/5 (96 download)

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Book Synopsis Property Restitution and Compensation by : International Organization for Migration

Download or read book Property Restitution and Compensation written by International Organization for Migration and published by Hammersmith Press. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Property Rights

Author : Bernard Siegan
Publisher : Routledge
ISBN 13 : 1351325949
Total Pages : 329 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Property Rights by : Bernard Siegan

Download or read book Property Rights written by Bernard Siegan and published by Routledge. This book was released on 2018-04-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.

Property Rights

Author : Terry L. Anderson
Publisher : Hoover Press
ISBN 13 : 081793913X
Total Pages : 148 pages
Book Rating : 4.8/5 (179 download)

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Book Synopsis Property Rights by : Terry L. Anderson

Download or read book Property Rights written by Terry L. Anderson and published by Hoover Press. This book was released on 2013-09-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the thoughts of various philosophers, political thinkers, economists, and lawyers, Terry Anderson and Laura Huggins present a blueprint for the nonexpert-expert on how societies can encourage or discourage freedom and prosperity through their property rights institutions. This Hoover Classic edition of Property Rightsdetails step-by-step what property rights are, what they do, how they evolve, how they can be protected, and how they promote freedom and prosperity.

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Takings by : Richard A. Epstein

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.

Private Property and Takings Compensation

Author : Yun-Chien Chang
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935283
Total Pages : 209 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Private Property and Takings Compensation by : Yun-Chien Chang

Download or read book Private Property and Takings Compensation written by Yun-Chien Chang and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's analysis of this interesting and important area is illuminating and sure to spark further dialogue.' – Lee Anne Fennell, University of Chicago Law School, US 'Chang's book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivize assessors.' – Daniel L. Rubinfeld, University of California, Berkeley, US This innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation – zero, current value, fair market value, economic value and project value compensation – and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues.

The Economics of Eminent Domain

Author : Thomas J. Miceli
Publisher : Now Publishers Inc
ISBN 13 : 1601980426
Total Pages : 67 pages
Book Rating : 4.6/5 (19 download)

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Book Synopsis The Economics of Eminent Domain by : Thomas J. Miceli

Download or read book The Economics of Eminent Domain written by Thomas J. Miceli and published by Now Publishers Inc. This book was released on 2007 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.

Perspectives on Property Law

Author : Robert C. Ellickson
Publisher : Aspen Publishing
ISBN 13 : 1543808980
Total Pages : 544 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Perspectives on Property Law by : Robert C. Ellickson

Download or read book Perspectives on Property Law written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2023 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--

Private Property and the Constitution

Author : Bruce Ackerman
Publisher : Yale University Press
ISBN 13 : 0300158068
Total Pages : 315 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Private Property and the Constitution by : Bruce Ackerman

Download or read book Private Property and the Constitution written by Bruce Ackerman and published by Yale University Press. This book was released on 2008-10-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.

The World of Economics

Author : John Eatwell
Publisher : Springer
ISBN 13 : 1349213152
Total Pages : 766 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis The World of Economics by : John Eatwell

Download or read book The World of Economics written by John Eatwell and published by Springer. This book was released on 1991-05-13 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the central questions of economics and how do economists tackle them? This book aims to answer these questions in 100 essays, written by economists and selected from "The New Palgrave: A Dictionary of Economics". It shows how economists deal with issues ranging from trade to taxation.

The Law of Compensation

Author : John Hutton Balfour Browne
Publisher : Legare Street Press
ISBN 13 : 9781021931733
Total Pages : 0 pages
Book Rating : 4.9/5 (317 download)

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Book Synopsis The Law of Compensation by : John Hutton Balfour Browne

Download or read book The Law of Compensation written by John Hutton Balfour Browne and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive collection of public general acts relating to the compulsory purchase of and interference with land. It provides a valuable resource for practitioners and scholars of property law and compulsory purchase. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Guardian of Every Other Right

Author : James W. Ely
Publisher : Oxford University Press on Demand
ISBN 13 : 0195323327
Total Pages : 239 pages
Book Rating : 4.1/5 (953 download)

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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.

Property Rights, Economics and the Environment

Author : Michael D. Kaplowitz
Publisher : Routledge
ISBN 13 : 1135697159
Total Pages : 305 pages
Book Rating : 4.1/5 (356 download)

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Book Synopsis Property Rights, Economics and the Environment by : Michael D. Kaplowitz

Download or read book Property Rights, Economics and the Environment written by Michael D. Kaplowitz and published by Routledge. This book was released on 2004-08-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.

Property Rights in Contemporary Governance

Author : Staci M. Zavattaro
Publisher : SUNY Press
ISBN 13 : 1438472897
Total Pages : 230 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Property Rights in Contemporary Governance by : Staci M. Zavattaro

Download or read book Property Rights in Contemporary Governance written by Staci M. Zavattaro and published by SUNY Press. This book was released on 2019-02-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how our diverse understandings of property impact real-world governing strategies. Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies. This book is unique in the field of property theory. First, its essays are rooted in the perspectives of many different fields. Second, the areas that it covers and the vast majority of its content are highly original. While the idea that property and governance are intimately connected is not original, the contributions that the book makes to that idea definitely are. It was fascinating and very useful reading. Laura S. Underkuffler, author of The Idea of Property: Its Meaning and Power