Regulatory Takings

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674753884
Total Pages : 446 pages
Book Rating : 4.7/5 (538 download)

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Book Synopsis Regulatory Takings by : William A. Fischel

Download or read book Regulatory Takings written by William A. Fischel and published by Harvard University Press. This book was released on 1995 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

Regulatory Takings After Knick

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Author :
Publisher :
ISBN 13 : 9781641057486
Total Pages : pages
Book Rating : 4.0/5 (574 download)

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Book Synopsis Regulatory Takings After Knick by : David L Callies

Download or read book Regulatory Takings After Knick written by David L Callies and published by . This book was released on 2020-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--

Takings

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Author :
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.

Regulatory Takings

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Author :
Publisher :
ISBN 13 :
Total Pages : 1288 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Regulatory Takings by : Steven J. Eagle

Download or read book Regulatory Takings written by Steven J. Eagle and published by . This book was released on 2005 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark work is the first book-length treatment of "regulatory taking" the controversial legal concept that governmental regulation of private property use can amount to a "taking" that requires compensation. Since a series of U.S. Supreme Court holdings in 1987, courts increasingly have given serious consideration to a rapidly expanding body of such claims. Yet, until now, there has been no detailed analysis of this clash between an expanding scope of land use regulations & the increased assertiveness of property owners. Comprehensive in scope, Regulatory Takings covers such diverse topics as: wetlands regulations; exactions on development; free speech rights in shopping malls & other private property; the Endangered Species Act; "exclusionary" zoning; asset seizures; rent controls.

Property Rights

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Author :
Publisher : Springer
ISBN 13 : 0230107796
Total Pages : 321 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Property Rights by : B. Benson

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 321 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.

OECD Investment Policy Perspectives 2008

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Publisher : OECD Publishing
ISBN 13 : 926405684X
Total Pages : 158 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis OECD Investment Policy Perspectives 2008 by : OECD

Download or read book OECD Investment Policy Perspectives 2008 written by OECD and published by OECD Publishing. This book was released on 2009-01-07 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new annual from the OECD that includes articles covering recent issues in international investment policy. This edition includes articles on FDI spillovers, regulation, guarantees and insurance, liberalisation, and OECD's Global Forum.

Regulatory takings implementation of Executive Order on government actions affecting private property use.

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Author :
Publisher : DIANE Publishing
ISBN 13 : 1428943021
Total Pages : 48 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis Regulatory takings implementation of Executive Order on government actions affecting private property use. by :

Download or read book Regulatory takings implementation of Executive Order on government actions affecting private property use. written by and published by DIANE Publishing. This book was released on with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Takings Law and the Supreme Court

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Author :
Publisher : Peter Lang Incorporated, International Academic Publishers
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Takings Law and the Supreme Court by : George Skouras

Download or read book Takings Law and the Supreme Court written by George Skouras and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1998 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Takings Clause of the 5th amendment to the U.S. Constitution has emerged as the principal means of protecting private property from governmental interference, regulation, and takings. Dealing with the post-Civil War history and interpretation of regulatory takings law as applied to land use cases, the author takes a critical look at the Supreme Court's standards for evaluating land use cases. Takings Law and the Supreme Court uses an interdisciplinary approach to evaluate utilitarian, postmodernist, moral, environmental and common law, formalist, liberal, as well as conservative efforts to understand the taking of private property.

The Takings Issue

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Author :
Publisher : Island Press
ISBN 13 : 9781597263283
Total Pages : 626 pages
Book Rating : 4.2/5 (632 download)

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Book Synopsis The Takings Issue by : Robert Meltz

Download or read book The Takings Issue written by Robert Meltz and published by Island Press. This book was released on 1998-12 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.

Compensation for Regulatory Takings

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Author :
Publisher : JAI Press(NY)
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Compensation for Regulatory Takings by : Thomas J. Miceli

Download or read book Compensation for Regulatory Takings written by Thomas J. Miceli and published by JAI Press(NY). This book was released on 1996 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reviews case law and literature on takings, provides a theoretical analysis of the subject and discusses its applications to environmental protection and resource use.

Model Rules of Professional Conduct

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Author :
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.

Regulatory Takings

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Author :
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Regulatory Takings by : Roger Clegg

Download or read book Regulatory Takings written by Roger Clegg and published by . This book was released on 1994 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Takings and Proposals for Change

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Publisher :
ISBN 13 :
Total Pages : 98 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Regulatory Takings and Proposals for Change by :

Download or read book Regulatory Takings and Proposals for Change written by and published by . This book was released on 1998 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Takings After Knick

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Author :
Publisher :
ISBN 13 : 9781641057493
Total Pages : pages
Book Rating : 4.0/5 (574 download)

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Book Synopsis Regulatory Takings After Knick by : David L Callies

Download or read book Regulatory Takings After Knick written by David L Callies and published by . This book was released on 2020-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Property

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Author :
Publisher :
ISBN 13 : 9781587780783
Total Pages : 0 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis Property by : David Dana

Download or read book Property written by David Dana and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.

Protecting Private Property Rights from Regulatory Takings

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Author :
Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.0/5 (18 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 1995 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Private Property Rights from Regulatory Takings

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Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.3/5 (121 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 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: