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Author : David A. Dana
Publisher :
ISBN 13 :
Total Pages : 37 pages
Book Rating : 4.:/5 (129 download)
Download or read book Reframing the Debate Over Eminent Domain Reform written by David A. Dana and published by . This book was released on 2006 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a purely theoretical m ...
Author : David A. Dana
Publisher :
ISBN 13 :
Total Pages : 53 pages
Book Rating : 4.:/5 (129 download)
Download or read book Reframing Eminent Domain written by David A. Dana and published by . This book was released on 2007 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two eminent domain reform alternatives currently on the political agenda are a flat ban on condemnations or a ban on only economic development condemnations coupled with continued allowance of blight condemnations (the approach in most reforming states). Although the possible effects of reform are central to the current debate, scholars have not carefully addressed those effects. With regard to the quantitative effects of reform, this Article uses an accessible model to demonstrates that: (1) a flat ban on all exercises of eminent domain will result in some less development in urban areas (poor or not poor) and some more development in exurban or rural areas; (2) a ban on only economic development condemnations (which allows so-called blight or blight removal condemnations to continue as before) will result in some more development in poor urban areas (but not necessarily in urban areas as a whole) and in exurban or rural ones, and less development in suburban areas (at least non-poor suburbs); and (3) the extent to which alternative means of subsidizing new development (such as tax relief) will offset the loss of eminent domain depends on the level of competition among localities for new development prior to ban or restrictions on the use of eminent domain. We can say less about the quality of the development after eminent domain reforms than we can about the quantity of development after eminent domain reforms, as the qualitative claims about the nature of the development that will be encouraged or discouraged as a result of eminent domain quot;reformsquot; lack both theoretical and empirical support. Stated simply, there is no defensible way to categorize as good or bad, economically viable or non-viable, efficient or inefficient, socially beneficial or socially harmful, the development in urban areas that will be lost as a result of a flat ban on eminent domain or (in poor urban areas at least) that will be gained as a result of a ban on economic development condemnations coupled with continued allowance of blight condemnations. Given that, a new approach to the public use component of eminent domain law is needed.
Author : Charles I. Armstrong
Publisher : A&C Black
ISBN 13 : 1623563534
Total Pages : 192 pages
Book Rating : 4.6/5 (235 download)
Download or read book Reframing Yeats written by Charles I. Armstrong and published by A&C Black. This book was released on 2013-08-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reframing Yeats, the first critical study of its kind, traces the historical development of W. B. Yeats's writings across the genres, examining his poetry, autobiographical writings, criticism, and drama with the same critical analysis. While existing studies of Yeats's work choose between a biographical orientation or a formalist approach, Armstrong's study combines the theory of New Historicism and Hermeneutics: a theoretical approach that takes Yeatsian scholarship one step further. Grounded in history and informed by recent studies, this innovative approach presents new interpretations and understandings of Yeats's texts. As well as providing a fresh reading of "Among School Children" and situating his autobiographical writings in relation to preceding Victorian practices and contemporary experimentation, this groundbreaking work documents some of the most important existing readings of Yeats's relationship to history, Modernism and the literary genres.
Author : Philip Nichols
Publisher :
ISBN 13 :
Total Pages : 880 pages
Book Rating : 4.:/5 (334 download)
Download or read book The Law of Eminent Domain written by Philip Nichols and published by . This book was released on 1917 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Lewis
Publisher :
ISBN 13 :
Total Pages : 1106 pages
Book Rating : 4.F/5 ( download)
Download or read book A Treatise on the Law of Eminent Domain in the United States written by John Lewis and published by . This book was released on 1888 with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philip Nichols
Publisher : Franklin Classics
ISBN 13 : 9780343008918
Total Pages : 878 pages
Book Rating : 4.0/5 (89 download)
Download or read book The Law of Eminent Domain; A Treatise on the Principles Which Affect the Taking of Property for the Public Use written by Philip Nichols and published by Franklin Classics. This book was released on 2018-10-14 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Progress, Property and Just Compensation written by and published by . This book was released on 1963 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gabriel Frey Schuster
Publisher :
ISBN 13 :
Total Pages : 99 pages
Book Rating : 4.:/5 (124 download)
Download or read book (Re)Imagining Eminent Domain written by Gabriel Frey Schuster and published by . This book was released on 2020 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eminent domain is generally treated by legal geographers as a tool of the state. This thesis applies legal and feminist geographies to the case of the Atlantic Yards development in Brooklyn so as to reframe eminent domain as a spatio-legal intervention complicating traditional notions of scale and power.
Author : B. Benson
Publisher : Springer
ISBN 13 : 0230107796
Total Pages : 324 pages
Book Rating : 4.2/5 (31 download)
Download or read book Property Rights written by B. Benson and published by Springer. This book was released on 2010-06-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.
Author : Philip Nichols
Publisher :
ISBN 13 :
Total Pages : 594 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Power of Eminent Domain written by Philip Nichols and published by . This book was released on 1909 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A treatise on the constitutional principles which affect the taking of property for public use."--T.p
Author : Carman Fitz Randolph
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.F/5 ( download)
Download or read book The Law of Eminent Domain in the United States written by Carman Fitz Randolph and published by . This book was released on 1894 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rebekah Modrak
Publisher : Taylor & Francis
ISBN 13 : 0415779197
Total Pages : 555 pages
Book Rating : 4.4/5 (157 download)
Download or read book Reframing Photography written by Rebekah Modrak and published by Taylor & Francis. This book was released on 2011 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an accessible yet complex way, Rebekah Modrak and Bill Anthes explore photographic theory, history, and technique to bring photographic education up to date with contemporary photographic practice. --
Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)
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.
Author : Henry Edmund Mills
Publisher :
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.F/5 ( download)
Download or read book A Treatise Upon the Law of Eminent Domain written by Henry Edmund Mills and published by . This book was released on 1879 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ellen Frankel Paul
Publisher : Routledge
ISBN 13 : 1351496271
Total Pages : 285 pages
Book Rating : 4.3/5 (514 download)
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 285 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
Author : Robin Paul Malloy
Publisher : Routledge
ISBN 13 : 1317075668
Total Pages : 235 pages
Book Rating : 4.3/5 (17 download)
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.
Author : Robert Eugene Cushman
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.:/5 (2 download)
Download or read book Excess Condemnation written by Robert Eugene Cushman and published by . This book was released on 1917 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
