Download or read book Exactions Linkages and Regulatory Takings written by Theodore C. Taub and published by . This book was released on 1988 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation for Revenue written by Alan A. Altshuler and published by Brookings Institution Press. This book was released on 2000-08-21 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and Lincoln Institute of Land Policy publication Over the past two decades Americans have become increasingly skeptical about the benefits of community growth and hostile to new taxes--while continuing to demand improvements in local services. One response to this tension has been a burgeoning movement to raise public revenue by regulating growth. In this timely book, the authors explain that most growing localities now require private developers to finance public improvements as a condition for receiving permits to build. These permit conditions, known as "exactions," are most commonly used to ensure that infrastructure capacity will be adequate to serve the occupants of new real estate developments and to lessen the harmful effects of these developments on other local citizens. Exactions are often used to finance new roads, water and waste disposal facilities, and public open space, but some communities have begun to require developer financing for such services as day care, job training, low-cost housing, and ride sharing. The authors see the dramatic growth of exaction financing as an epochal shift in the character of American land use regulation. A function once isolated from the local government mainstream is now close to heart of fiscal and public works decisionmaking. Politicians find exactions an extremely valuable tactic for resolving land use conflict. Lawyers and developers worry about how to establish appropriate limits on the use of exaction, economists debate their equity and efficiency, and planners consider their effect on urban reform. Regulation for Revenue offers an integrated appraisal of exaction financing, showing that exactions come in many forms and that they can be meaningfully evaluated only by comparison with realistic alternatives. These include growth restrictions, tolerance of infrastructure overload, and increased tax and user charges.
Download or read book Regulatory Takings written by Stephen J. Eagle and published by LexisNexis. This book was released on 2019-11-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory Takings provides clear, yet trenchant analyses of the federal and state constitutional principles that arise when expanding land use regulations clash with the right of citizens to receive just compensation when their property is taken. "On Point" Law for the Legal Specialist Regulatory Takings provides a detailed examination of the substantive and procedural aspects of regulatory takings law as well as the judicial applications of these principles in specific areas, such as exactions on new development and governmental growth restrictions. In the process, Regulatory Takings liberally cites pertinent cases, statutes, and secondary sources. It examines technical considerations unique to regluatory takings, such as special standing requirements, while highlighting widely varying state and local statutes, ordinances, and adminstrative practices. Get detailed analysis on: • wetlands regulations • exactions on development • free speech rights in shopping malls and other private property • the Endangered Species Act • "exclusionary" zoning • asset seizures • rent controls In this invaluable third edition, the author offers careful and balanced appraisals of both governmental powers and private rights. Whether you represent property owners and developers subject to regulation, units of state or local government, or public interest organizations such as environmental or property rights groups, you'll find Regulatory Takings an indispensable resource. This eBook features links to Lexis Advance for further legal research options.
Download or read book Law of Property Rights Protection 2nd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2018-11-14 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Property Rights Protection: Limitations on Governmental Powers, Second 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, Second 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. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522
Download or read book New York Court of Appeals Records and Briefs written by New York (State). and published by . This book was released on with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
Download or read book Exactions Impact Fees and Dedications written by and published by Section of State & Local Government Law. This book was released on 1995 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Politics of Downtown Development written by Stephen J. McGovern and published by University Press of Kentucky. This book was released on 2014-10-17 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: American cities experienced an extraordinary surge in downtown development during the 1970s and 1980s. Pro-growth advocates in urban government and the business community believed that the construction of office buildings, hotels, convention centers, and sports complexes would generate jobs and tax revenue while revitalizing stagnant local economies. But neighborhood groups soon became disgruntled with the unanticipated costs and unfulfilled promises of rapid expansion, and grassroots opposition erupted in cities throughout the United States. Through an insightful comparison of effective protest in San Francisco and ineffective protest in Washington, D.C., Stephen McGovern examines how citizens -- even those lacking financial resources -- have sought to control their own urban environments. McGovern interviews nearly one hundred business activists, government officials, and business leaders, exploring the influence of political culture and individual citizens' perceptions of a particular development issue. McGovern offers a compelling explanation of why some battles against city hall succeed while so many others fail.
Download or read book Model Subdivision Regulations written by Robert H. Freilich and published by Routledge. This book was released on 1995-01-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major revision of a classic planning text. This book contains a complete model subdivision ordinance for city and county governments as well as more than 100 pages of legal commentary. The model regulations are generally compatible with all state statutes and work in urban, suburban, and rural settings. They show how communities can finance capital facilities, balance new development with existing surroundings, avoid exposure to the legal pitfalls of takings and substantive due process claims, and much more. Two new chapters cover public facilities impact fees and land readjustment. The chapter on impact fees includes a section on regulatory takings law that looks at how prominent U.S. Supreme Court cases have affected property rights, development, and regulation. Each section of the model regulations is followed by insightful commentary that supports, annotates, and documents the text. The authors explore the rationale for using various regulations, basing their arguments on existing statutory authority, case law, and federal constitutional requirements. The commentary identifies and explains changes from the original model regulations. Whether you're drafting new regulations or considering amendments to existing ones, you'll find Model Subdivision Regulations to be an invaluable reference.
Download or read book California Supreme Court Records and Briefs written by California (State). and published by . This book was released on with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): B003702
Download or read book California Court of Appeal 4th Appellate District Division 2 Records and Briefs written by California (State). and published by . This book was released on with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding the Law of Zoning and Land Use Controls written by D. Barlow Burke and published by LexisNexis. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inverse Condemnation and Related Government Liability written by and published by . This book was released on 2007 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New York University Environmental Law Journal written by and published by . This book was released on 1995 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Takings International written by Rachelle Alterman and published by American Bar Association. This book was released on 2010 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.
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.
Download or read book Preserving Paradise written by David L. Callies and published by University of Hawaii Press. This book was released on 1994-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: ¿A thought-provoking and well-researched commentary on the impact of Lucas v. South Carolina Coastal Council on Hawaii land-use policies.¿ ¿Harold S. Matsumoto, Director of Planning, State of Hawai`i ¿Startling, provocative. . . . It should be read by all land developers, government regulators, and citizens who care about preserving paradise.¿ ¿Kent M. Keith, President, Chaminade University; Former Director of Planning, State of Hawai`i ¿Useful and succinct. . . a needed clarion call for a more appropriate balance between regulation and pro-active planning. Those who dislike the message that Hawaii can no longer rely so heavily on regulation to preserve the Islands¿ resources and exact `public benefits¿ from developers would, nevertheless, be foolish to ignore it.¿ ¿John P. Whalen, Former Director, Department of Land Utilization, City and County of Honolulu ¿A major contribution of this book is that it presents several alternatives to regulatory taking for preserving environmental quality. . . . While this book focuses on the Hawaiian experience, it offers much for planners and lawyers everywhere.¿ ¿Anthony James Catanese, President and Professor, Florida Atlantic University ¿Callies has again provided a comprehensive review of Hawaii¿s land-use regulatory process. . . . He has presented his point of view that for legal and policy reasons this regulatory system will not effectively preserve what is unique and important about Hawaii.¿ ¿Dan Davidson, Executive Director, Land Use Research Foundation of Hawaii
