Law of Property Rights Protection, 3rd Edition

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Author :
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:

Cato Handbook for Policymakers

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Publisher : Cato Institute
ISBN 13 : 1933995912
Total Pages : 698 pages
Book Rating : 4.9/5 (339 download)

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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.

Wildlife as Property Owners

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Publisher : University of Chicago Press
ISBN 13 : 9780226571225
Total Pages : 211 pages
Book Rating : 4.5/5 (712 download)

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Book Synopsis Wildlife as Property Owners by : Karen Bradshaw

Download or read book Wildlife as Property Owners written by Karen Bradshaw and published by University of Chicago Press. This book was released on 2020-11-23 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.

The Right to Own Property

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Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Right to Own Property by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Right to Own Property written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1996 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Turning Point in Private Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 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 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.

Property Rights

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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.

Property Rights and the Constitution

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Publisher : State University of New York Press
ISBN 13 : 1438400004
Total Pages : 406 pages
Book Rating : 4.4/5 (384 download)

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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.

Private Property Rights: On the state of the law in the taking of private property rights by the government and the experiences in this matter

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Author :
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Private Property Rights: On the state of the law in the taking of private property rights by the government and the experiences in this matter by : United States. Congress. House. Committee on Resources. Task Force on Private Property Rights

Download or read book Private Property Rights: On the state of the law in the taking of private property rights by the government and the experiences in this matter written by United States. Congress. House. Committee on Resources. Task Force on Private Property Rights and published by . This book was released on 1995 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Property Rights: On crafting the best possible legislation to prevent excessive federal regulations on private property owners

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Author :
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.0/5 (18 download)

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Book Synopsis Private Property Rights: On crafting the best possible legislation to prevent excessive federal regulations on private property owners by : United States. Congress. House. Committee on Resources. Task Force on Private Property Rights

Download or read book Private Property Rights: On crafting the best possible legislation to prevent excessive federal regulations on private property owners written by United States. Congress. House. Committee on Resources. Task Force on Private Property Rights and published by . This book was released on 1995 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cornerstone of Liberty

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Publisher : Cato Institute
ISBN 13 : 1933995327
Total Pages : 170 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis Cornerstone of Liberty by : Timothy Sandefur

Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by Cato Institute. This book was released on 2006-10-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

Protecting the Rights of Property Owners

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781976516139
Total Pages : 58 pages
Book Rating : 4.5/5 (161 download)

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Book Synopsis Protecting the Rights of Property Owners by : United States. Congress

Download or read book Protecting the Rights of Property Owners written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-09-18 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting the rights of property owners : proposed federal critical habitat designations gone wild : oversight field hearing before the Committee on Natural Resources, U.S. House of Representatives, One Hundred Thirteenth Congress, second session, Wednesday, May 14, 2014 in Batesville, Arkansas.

Supreme Neglect

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Publisher : Oxford University Press
ISBN 13 : 0190293942
Total Pages : 208 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Supreme Neglect by : Richard A. Epstein

Download or read book Supreme Neglect written by Richard A. Epstein and published by Oxford University Press. This book was released on 2008-03-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

Private Property Rights and the Environment

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Publisher : Springer
ISBN 13 : 3319979000
Total Pages : 477 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Private Property Rights and the Environment by : Shelly Hiller Marguerat

Download or read book Private Property Rights and the Environment written by Shelly Hiller Marguerat and published by Springer. This book was released on 2018-11-11 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of “nature” as “property” and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.

Protecting Private Property Rights from Regulatory Takings

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Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Protecting Private Property Rights from Regulatory Takings by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Protecting Private Property Rights from Regulatory Takings written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1996 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Property Rights and Sustainability

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004182640
Total Pages : 449 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Property Rights and Sustainability by : David Grinlinton

Download or read book Property Rights and Sustainability written by David Grinlinton and published by Martinus Nijhoff Publishers. This book was released on 2011-04-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

Private Property Rights: On the state of the law in the taking of private property rights by the government and the experiences in this matter

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Author :
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Private Property Rights: On the state of the law in the taking of private property rights by the government and the experiences in this matter by : United States. Congress. House. Committee on Resources. Task Force on Private Property Rights

Download or read book Private Property Rights: On the state of the law in the taking of private property rights by the government and the experiences in this matter written by United States. Congress. House. Committee on Resources. Task Force on Private Property Rights and published by . This book was released on 1995 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: