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Public Use That Justifies Eminent Domain For Economic Development Under The Takings Clause Of The Us Constitution
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Book Synopsis "Public Use" that Justifies Eminent Domain for Economic Development Under the Takings Clause of the U.S. Constitution by : Janice K. England Watson
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.
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.
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.
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.
Book Synopsis Eminent Domain and Economic Growth by : Joaquin Jay Gonzalez III,
Download or read book Eminent Domain and Economic Growth written by Joaquin Jay Gonzalez III, and published by McFarland. This book was released on 2018-05-12 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eminent domain is integral to a government's legal ability to take private property for a public purpose. If used correctly, the owners are paid the fair market value for their property, few citizens are inconvenienced and everyone benefits. Bad-faith abuses of eminent domain typically make the front pages of news outlets, and receive news coverage from television stations, in cities throughout our nation. To educate citizens and prevent future abuse, this book exposes both the good and the bad aspects of government's ability to use their power of eminent domain to acquire private property.
Download or read book Bulldozed written by Carla T. Main and published by ReadHowYouWant.com. This book was released on 2010-06 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eminent domain entered the awareness of many Americans with the recent U.S. Supreme Court case Kelo v. New London. Across the political spectrum, people were outraged when the Court majority said that a local government may transfer property from one private party to another under the ''public use'' clause of the Constitution, for the sake of ''economic development. Carla T. Main - who in the past, as a lawyer, has represented the condemning authorities in eminent domain cases - examines how property rights in America have come to be so weak, tracing the history of eminent domain from the Revolutionary War to the Kelo case. But the heart of Bulldozed is a story of how eminent domain has affected an American family and the small-town community where they have lived and worked for decades. In the 1940s, Pappy and Isabel Gore established a shrimp processing plant in Freeport, Texas. Three generations of Gores built Western Seafood into a thriving business that stood up to fierce competition and market flux. But Freeport was struggling, and city officials decided that a private yacht marina on the Old Brazos River might save it. They would use eminent domain to take the Gores' waterfront property and hand it over to the developer, an heir of a legendary Texas oil family, in a risky sweetheart deal. For three years, the Gores resisted the taking with every ounce of strength they had. Around them, the fabric of the community unraveled as friends and neighbors took sides. Bulldozed vividly recounts the Gores' fight with city hall, and at the same time ponders larger questions of what property rights mean today and who among us is entitled to hold on to the American Dream.
Book Synopsis Tools Found in the Takings Clause by : Abigail Van Hook
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
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.
Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2015-05-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ilya Somin s "The Grasping Hand: "Kelo v. New London" and the Limits of Eminent Domain" is the definitive review of one of the most controversial Supreme Court cases of the 21st century. Somin provides a thorough analysis of the case s historic and factual background along with the broader history of American public-purpose takings and the challenges posed by economic-development takings. The book offers a detailed account of the trajectory of the "Kelo" case itself, from the neighbors electing to fight their eviction through finding legal representation via a collection of strange-bedfellow public-interest groups. The litigators strategies are examined and Somin brings us into the Supreme Court to scrutinize the thrust and parry of oral argument. Somin s close reading and incisive critique of the "Kelo" opinion is the heart of the book. Holding that the Court made several serious doctrinal errors, Somin carefully parses the majority opinion, concurrences, and dissents to show where the Justices went wrong, and even offers some responsible speculation about why. A notably unpopular verdict, "Kelo" sparked significant political backlash. Somin takes a qualitative and quantitative tour through the large number of new state laws passed in the wake of "Kelo," studying the mechanisms by which they were passed, their effectiveness, and public awareness of these new laws. The work concludes with recommendations toward reform, or prohibition, of takings justified on the premise of blight or hoped-for private economic development."
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 :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :160 pages Book Rating :4.0/5 (18 download)
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:
Book Synopsis Eminent Domain after Kelo V. City of New London by : Charles E. Cohen
Download or read book Eminent Domain after Kelo V. City of New London written by Charles E. Cohen and published by . This book was released on 2006 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Last summer's U.S. Supreme Court decision in Kelo v. City of New London elicited angry responses from legislators, citizens and many scholars. The 5-4 decision held that the use of the eminent domain power to transfer non-blighted property to private entities for economic development satisfied the public use requirement of the Taking Clause. This article argues that the Kelo decision was correct as a matter of law, following naturally from U.S. Supreme Court precedent and consistent with prevailing judicial and legislative approaches to the public use question that pre-date the U.S. Constitution. Nonetheless, the practical result of existing public use doctrine is an eminent domain regime that frequently produces unjust and inefficient results, favors special interests over property owners, and provides inadequate protection of private property. After surveying the history of forced property transfers in the United States from the Colonial Era through the present, and analyzing the consequences of the present doctrine, the article calls for a ban on takings for economic development, preferably by state constitutional amendment.
Book Synopsis Taking of Property by : United Nations Conference on Trade and Development
Download or read book Taking of Property written by United Nations Conference on Trade and Development and published by . This book was released on 2000 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.
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:
Author :United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Trade, and Consumer Protection Publisher : ISBN 13 : Total Pages :60 pages Book Rating :4.F/5 ( download)
Book Synopsis Protecting property rights after Kelo by : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Trade, and Consumer Protection
Download or read book Protecting property rights after Kelo written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Trade, and Consumer Protection and published by . This book was released on 2005 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rolling the Dice by : Peter J. Kulick
Download or read book Rolling the Dice written by Peter J. Kulick and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public Use Clause of the Fifth Amendment has come under increasing constitutional fire in recent years. Furthermore, the government's allowable use of its eminent domain power has also expanded, particularly in the context of economic redevelopment projects. A growing debate has developed regarding the limitations the clause places on the government's ability to use its eminent domain power. Recent United States Supreme Court decisions, in conjunction with decisions from various state courts, have expanded the scope of the public use clause to allow for the use of eminent domain in private developments. This article focuses on the use of eminent domain for these so called "public-private takings". This article begins by exploring the historical development of the eminent domain power and the public use requirement. The article then examines the current constitutional framework of the Public Use Clause. Issue is taken with the current analysis and the conclusion is reached that the existing takings scheme leads to economic inefficiency. Specifically, the use of eminent domain to execute a public private taking imposes significant welfare costs on society and can lead to interest group capture of a government's eminent domain power. The article concludes by offering an alternative analysis framework in order to determine public use in the context of economic redevelopment projects. The goal of the proposed framework is to create a stringent criteria in order to eliminate welfare costs and the threat of interest group capture.
Book Synopsis Masters of Their Own Eminent Domain by : David S. Yellin
Download or read book Masters of Their Own Eminent Domain written by David S. Yellin and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court, in Kelo v. City of New London, held that economic development was a valid justification for the use of eminent domain, there was a massive public outcry. In the resulting backlash, many communities enacted legislation aimed at restricting economic development takings, but most of these reforms were largely symbolic and had little or no actual effect on such takings. This Note accepts the reality that economic development takings will inevitably occur, and identifies the greatest threat associated with such takings as the risk that when they do they may cause more harm than good. For example, after the failure of the development project at issue in Kelo, Pfizer has recently announced that they will be shutting down their facility in New London, Connecticut, taking 1,400 jobs with them. As a result, the price New London paid by condemning the homes of its residents has been for nothing and the city is left even worse off than before. This Note analogizes the failures of eminent domain takings to some of the harms that arose during the rash of plant shut-downs in the 1980s and early 1990s. Faced with the loss of the foundations of local economies, municipalities and scholars alike tried to come up with ways to protect the reliance that communities place in economic actors. This Note argues that although many of these proposals were not suitable for responding to the problems of plant closings, they are well-suited to use in the takings context. To that end, I discuss key differences between the two scenarios that justify applying some of the most progressive of these proposals in the takings context. Specifically, I propose that courts recognize a reliance interest, similar to an easement, which gives a municipality a legally enforceable right against corporate entities that benefit from economic development takings.
