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 with total page 187 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 in

Download or read book Eminent Domain written by Carl Neville and published by Watkins Media Limited. This book was released on 2020-06-09 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Socialist Utopia of the People's Republic of Britain a routine criminal investigation spirals out of control with world-shattering consequences. The Cold War ended thirty years ago, the Communists have won in Europe and the world has settled into two blocks divided by a silicon curtain, The Partition. The tranquil backwater of the People's Republic of Britain is due to host an international sporting event, the Games, and celebrate the twenty-fifth anniversary of the country becoming a republic. When the organiser of the Games dies suddenly and his office is broken into, Barrow, the retired security operative enlisted to investigate, is drawn into a conspiracy that has implications not only for him and his team of young and inexperienced assistants, but for their entire way of life. How is the American research student Julia Verona implicated? Is some kind of attack being planned? Who is really in command of the operation? Is there a double agent within the PRBs security apparatus? What is the significance of the reclusive novelist Vernon Crane? Fusing the trappings of a literary thriller with experimental style, Eminent Domain explores the art, culture, politics, personalities, conflicts, loves and losses of a range of boldly realised characters in a Utopian world radically different to our own but recognizably the way that things, at one time, might have been. A kaleidoscopic satire of our present moment, Eminent Domain is both a dark thriller and a radical neo-modernist experiment that probes at the limits of Utopia, a formally dazzling reimagining of the political novel in which lives, worlds and even realities collide to devastating effect.

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.

Download or read book Eminent Domain written by Il-chung Kim and published by Cambridge University Press. This book was released on 2017-04-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that examines the use and abuse of eminent domain across the world.

Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2016-11-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

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:

Download or read book Eminent Domain written by Ronald D. Demmans and published by Simon and Schuster. This book was released on 2022-06-21 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: “…a crackerjack read, very satisfying as a novel with its exciting twists and turns, yet at the same time insightful and funny…” – Eric Wilson, Author of Murder on the Canadian Brett Simmons and the town of Lenore are inextricably linked. Brett Simmons, the brash, wise-cracking, unapologetic lawyer and Lenore, the hometown he loves. Two innocuous words of legalese will lead Brett down a dangerous path of lies, deceit and ultimately murder. He has taken a look behind the curtain…the wrong curtain. He has seen too much and what he has uncovered could cost him everything: his career, his freedom, even his life. With the odds clearly stacked against him and the future of Lenore at stake, Brett engages in a battle with Warren Winfield, Lenore’s corrupt mayor and a ruthless international criminal cartel. Alone, Brett Simmons stands little chance of winning. But Brett is not alone in his fight. He finds himself partnered with Melanie Stockton, a beautiful, tough-as-nails cop. The rapport is instantaneous; the attraction, unexpected. With Brett going undercover and Melanie forced to confront a well-armed band of mercenaries, whatever feelings they have for each other will have to be put on hold…and the waiting might take forever. This is Brett Simmons’ story…and only he can tell it.

Download or read book Georgia Eminent Domain written by Daniel F. Hinkel and published by . This book was released on 2000 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 384 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

Download or read book The Law of Eminent Domain written by William G. Blake and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A single resource for eminent domain practitioners, this guide is a reference for questions about eminent domain and condemnation procedure in every state and the District of Columbia. Each state outline is organized in the following manner: -Who is Eligible to Condemn? -What can be Condemned? -The Condemnation Proceedings -Procedure to Challenge Condemnation -Inverse Condemnation -Just Compensation Issues -How are Various Ownership Interests Treated? -Abandonment -Attorney's Fees and Costs

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.

Download or read book Private Property and Public Power written by Deborah Lynn Becher and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: News media reports on eminent domain often highlight outrage and heated protest. But these accounts, Debbie Becher finds, obscure a much more complex reality of how Americans understand property. Private Property and Public Power presents the first comprehensive study of a city's acquisitions, exploring how and why Philadelphia took properties between 1992 and 2007 for private redevelopment. Becher uses original data-collected from city offices and interviews with over a hundred residents, business owners, community leaders, government representatives, attorneys, and appraisers-to explore how eminent domain really works. Surprisingly, the city took over 4,000 private properties, and these takings rarely provoked opposition. When conflicts did arise, community residents, businesses, and politicians all appealed to a shared notion of investment to justify their arguments about policy. It is this social conception of property as an investment of value, committed over time, that government is responsible for protecting. Becher's findings stand in stark contrast to the views of libertarian and left-leaning activists and academics, but recognizing property as investment, she argues, may offer a solid foundation for more progressive urban policies.

Download or read book Bulldozed written by Carla Main and published by Encounter Books. This book was released on 2007-11-25 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: No domestic policy issue more angers or galvanizes the public than the controversy over eminent domain-the taking of private property for public use. The stakes in this always controversial procedure have been dramatically raised in recent years as eminent domain has been used to fund private development. As the notorious Kelo case in New London, CT demonstrated last year. The practice of using eminent domain to enrich municipalities is an incendiary issue. Veteran journalist, Carla Main, takes a hard look at this practice and delivers an incisive expose that is sure to be widely read and hotly debated.

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 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:

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.