The Federal Law Of Eminent Domain

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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.

The Federal Law of Eminent Domain

Author : Jacques B. Gelin
Publisher : MICHIE
ISBN 13 :
Total Pages : 736 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Federal Law of Eminent Domain by : Jacques B. Gelin

Download or read book The Federal Law of Eminent Domain written by Jacques B. Gelin and published by MICHIE. This book was released on 1982 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook presents the basic principles and leading decisions of federal eminent domain law. The work describes how eminent domain issues arise, how the courts have resolved them, and the pattern of development of the law.

Nichols on Eminent Domain

Author : Julius L. Sackman
Publisher :
ISBN 13 :
Total Pages : 1084 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Nichols on Eminent Domain by : Julius L. Sackman

Download or read book Nichols on Eminent Domain written by Julius L. Sackman and published by . This book was released on 2006 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Abuse of Power

Author : Steven Greenhut
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Abuse of Power by : Steven Greenhut

Download or read book Abuse of Power written by Steven Greenhut and published by . This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of eminent domain looks at the concept of "public use," the injustice and unfairness inherent in the definition when it is based on tax revenue, and the people who are fighting back to preserve their property rights.

Eminent Domain

Author : Cynthia Fraser
Publisher : American Bar Association
ISBN 13 : 9781614380986
Total Pages : 0 pages
Book Rating : 4.3/5 (89 download)

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Book Synopsis Eminent Domain by : Cynthia Fraser

Download or read book Eminent Domain written by Cynthia Fraser and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While eminent domain traditionally was used to acquire property for roads, waterways, defense installations, government and public buildings, and the interstate highway system, it has recently been a favored tool in developing urban areas, creating shopping malls, and building big-box retail stores. This is a practical guide for lawyers applying modern land-use doctrine in takings cases.

Nichols on Eminent Domain

Author : Julius L. Sackman
Publisher : International Institute of Technology, Incorporated
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Nichols on Eminent Domain by : Julius L. Sackman

Download or read book Nichols on Eminent Domain written by Julius L. Sackman and published by International Institute of Technology, Incorporated. This book was released on 2008 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: First ed. by P. Nichols, published in 1909 under title : The power of eminent domain.

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

Before Eminent Domain

Author : Susan Reynolds
Publisher : Univ of North Carolina Press
ISBN 13 : 0807895865
Total Pages : 186 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Before Eminent Domain by : Susan Reynolds

Download or read book Before Eminent Domain written by Susan Reynolds and published by Univ of North Carolina Press. This book was released on 2010-03-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the institution of private property. Before Eminent Domain concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. Reynolds concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.

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.

Private Property, Community Development, and Eminent Domain

Author : Robin Paul Malloy
Publisher : Routledge
ISBN 13 : 1317075668
Total Pages : 235 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Private Property, Community Development, and Eminent Domain by : Robin Paul Malloy

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.

Law of Eminent Domain

Author :
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Law of Eminent Domain by :

Download or read book Law of Eminent Domain written by and published by . This book was released on 1888 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Eminent Domain in the United States

Author : Carman Fitz Randolph
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Eminent Domain in the United States by : Carman Fitz Randolph

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:

Condemnation Law and Procedures in New York

Author :
Publisher :
ISBN 13 : 9781579691684
Total Pages : 449 pages
Book Rating : 4.6/5 (916 download)

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Book Synopsis Condemnation Law and Procedures in New York by :

Download or read book Condemnation Law and Procedures in New York written by and published by . This book was released on 2005 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law of Property Rights Protection

Author : Jan Laitos
Publisher : Wolters Kluwer Law & Business
ISBN 13 : 1543879780
Total Pages : 1260 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 1260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Eminent Domain Use and Abuse

Author : Dwight H. Merriam
Publisher : American Bar Association
ISBN 13 : 9781590316382
Total Pages : 376 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Eminent Domain Use and Abuse by : Dwight H. Merriam

Download or read book Eminent Domain Use and Abuse written by Dwight H. Merriam and published by American Bar Association. This book was released on 2006 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.

What Washington Gets Wrong

Author : Jennifer Bachner
Publisher : Prometheus Books
ISBN 13 : 1633882497
Total Pages : 306 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis What Washington Gets Wrong by : Jennifer Bachner

Download or read book What Washington Gets Wrong written by Jennifer Bachner and published by Prometheus Books. This book was released on 2016 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reveals a surprising ignorance on the part of unelected federal officials regarding the life circumstances and opinions of average Americans as well as an attitude of condescension"--

Law of Eminent Domain, and of Railroads and Warehouses (Classic Reprint)

Author : W. H. Manier
Publisher :
ISBN 13 : 9781330842881
Total Pages : 478 pages
Book Rating : 4.8/5 (428 download)

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Book Synopsis Law of Eminent Domain, and of Railroads and Warehouses (Classic Reprint) by : W. H. Manier

Download or read book Law of Eminent Domain, and of Railroads and Warehouses (Classic Reprint) written by W. H. Manier and published by . This book was released on 2015-07-06 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Law of Eminent Domain, and of Railroads and Warehouses Illinois has been one of the first states which has attempted to regulate and control railway and other corporations by general laws, and many questions have arisen both as to the constitutional power of the legislature to regulate the same, and as to the proper construction of laws enacted for that purpose. These questions have been ably discussed by eminent counsel on both sides, and it would seem that almost every question has been presented and passed upon by our courts. This has resulted in many decisions, which lie scattered through nearly all our State reports, thus making them difficult of access. This fact induced the author to present this compilation of the statutes and decisions in a single volume, hoping thereby to serve the profession and the courts. He has presented all the statute laws on the subject of Eminent Domain, Railways and Public Warehouses, together with the decisions of the Appellate Court and Supreme Court of the State and those of the Federal Courts, and some of the more important decisions of the courts of last resorts in other states. That part of the work relating to Eminent Domain will be found useful in many if not all the states. The decisions collected include all made since the admission of Illinois into the Union. They embrace much relating to the right to condemn land for public use, and by what bodies or agencies, and the mode of the exercise of the right, both under the Constitution of 1848 and that of 1870. This is especially true as to the proper measure of the compensation and damages to be paid by the bodies seeking to condemn. The cases given relate to condemnation by cities and villages of land for parks and other public uses, and for railway purposes. The cases denning the right of one railway company to condemn a right of way over or along another railway, or to condemn property already devoted to a public use, will be found useful, not only to the profession in this State, but throughout the whole country. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.