Download or read book Property Code written by Texas and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 Pastor Church Law written by Richard R. Hammar and published by . This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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: 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 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 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.

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 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 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.

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 A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union written by Thomas McIntyre Cooley and published by . This book was released on 1903 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ways of Necessity written by Kenneth Evan Schwinn and published by . This book was released on 1921 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Download or read book A Treatise on State and Federal Control of Persons and Property in the United States written by Christopher Gustavus Tiedeman and published by . This book was released on 1900 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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"--