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Author : Amina Rahman
Publisher :
ISBN 13 :
Total Pages : 61 pages
Book Rating : 4.:/5 (268 download)
Download or read book A Constitutional Interpretation of the "takings" Clause and the Right to Private Property written by Amina Rahman and published by . This book was released on 1996 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Ellen Frankel Paul
Publisher : State University of New York Press
ISBN 13 : 143841563X
Total Pages : 316 pages
Book Rating : 4.4/5 (384 download)
Download or read book Liberty, Property, and Government written by Ellen Frankel Paul and published by State University of New York Press. This book was released on 1989-07-03 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Author : Janice K. England Watson
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (921 download)
Download or read book "Public Use" that Justifies Eminent Domain for Economic Development Under the Takings Clause of the U.S. Constitution written by Janice K. England Watson and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court's Kelo decision was half-right and half-done. The bare majority decision was based on deference and encouraged participation in the political processes, to make changes in the takings law of eminent domain. Since the decision in 2005, Congress and forty-four states took up the challenge to make the use of eminent domain for economic purposes more protective of private property ownership rights. Examining the Kelo opinions and the 'aftermath, ' together with a careful look to the jurisprudence of judicial review for constitutionality, is important in order to predict where the takings law will develop. The Court was right to defer to citizen sovereignty for changes in the law, but the remaining work of the Court is to determine whether the future private-to-private takings and the new takings law, comport with their interpretation of the Takings Clause of the Constitution. The muddle of takings law, particularly for the public use justifications of blight or community need for regeneration, will improve when the Court reaches the question of what constitutes 'public use' in the twenty-first century. This examination posits that ultimately the definition between public use and what the Kelo Court characterized as pretextual public use, requires a test or standard similar to other civil rights. This final half of development for the takings law will more clearly define public use that justifies eminent domain and it will help to harmonize constitutional rights and the conditional obligations of private property ownership, to settle the takings law.
Author : Bernard Siegan
Publisher : Routledge
ISBN 13 : 1351325949
Total Pages : 520 pages
Book Rating : 4.3/5 (513 download)
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 520 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.
Author : Gregory S. Alexander
Publisher : ReadHowYouWant.com
ISBN 13 : 1459624548
Total Pages : 654 pages
Book Rating : 4.4/5 (596 download)
Download or read book The Global Debate Over Constitutional Property written by Gregory S. Alexander and published by ReadHowYouWant.com. This book was released on 2011-07-29 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...
Author : George Skouras
Publisher : Peter Lang Incorporated, International Academic Publishers
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)
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.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)
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:
Author : Cato Institute
Publisher : Cato Institute
ISBN 13 : 1933995912
Total Pages : 698 pages
Book Rating : 4.9/5 (339 download)
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.
Author : Guy F. Burnett
Publisher : Lexington Books
ISBN 13 : 0739197843
Total Pages : 177 pages
Book Rating : 4.7/5 (391 download)
Download or read book The Safeguard of Liberty and Property written by Guy F. Burnett and published by Lexington Books. This book was released on 2014-12-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.
Author : Howard Dickman
Publisher : State University of New York Press
ISBN 13 : 1438415656
Total Pages : 360 pages
Book Rating : 4.4/5 (384 download)
Download or read book Liberty, Property, and the Future of Constitutional Development written by Howard Dickman and published by State University of New York Press. This book was released on 1990-07-05 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the "double standard." The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Author : Texas
Publisher :
ISBN 13 :
Total Pages : 588 pages
Book Rating : 4.F/5 ( download)
Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Epstein
Publisher : Routledge
ISBN 13 : 1135699933
Total Pages : 430 pages
Book Rating : 4.1/5 (356 download)
Download or read book Constitutional Protection of Private Property and Freedom of Contract written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Author : Ellen Frankel Paul
Publisher : Routledge
ISBN 13 : 1351496263
Total Pages : 240 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 240 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 : Roger Clegg
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.F/5 ( download)
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:
Author : Abigail Van Hook
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (936 download)
Download or read book Tools Found in the Takings Clause written by Abigail Van Hook and published by . This book was released on 2014 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2005, the Supreme Court of the United States made a monumental decision in Kelo v. New London (2005). The Court affirmed that interpreting economic development as being under the Public Use Clause within the Takings Clause of the Fifth Amendment was Constitutional. The Court upheld the notion that private property could be transferred to another private entity by the government. The backlash from this ruling was a tide of state legislature concerning eminent domain. However, this new state legislature seems to have opened up the door to use the Fifth Amendment to address this blight. There is no standard by which a community, neighborhood, or home can be labeled as "blighted"; and, thus, no standard by which to justify government intervention. In fact, the effect of these laws has resulted in the discrimination of the economically poor. Furthermore, with the existence of a relationship between lower income neighborhoods and minority communities, the net effect of these new domain standards is discrimination to the least of these. This article seeks to explore ways by which the Fifth Amendment, as defined by Kelo v. New London can be used as a tool to combat urban blight. Through the exploration of base briefs, legal articles, and literature addressing property and eminent domain, I find that government's present involvement in addressing urban blight has turned unethical. I argue that there is no way up from the rut of vague definitions and loose policies that states have found themselves in. Eminent domain is a powerful tool, but it cannot remain in the box used to combat urban blight without reform. A new definition of blight must be drafted for this to happen. This definition, paired with the Fifth Amendment, will allow urban blight to be addressed in a legal, nondiscriminatory, ethical, and effective way"--Abstract
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.
