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 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 Eminent Domain Use Abuse written by and published by . This book was released on 2006 with total page 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 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 Eminent Domain written by Irene Hines and published by Nova Science Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Amendment to the U.S. Constitution states that government shall not take private property except for "public use" and with "just compensation." Officials from national organisations and state and local governments cited various purposes for which eminent domain can be or has been used, including the building or expansion of transportation-related projects; the elimination and prevention of conditions that are detrimental to the physical, social, and economic well-being of an area; remediation of environmental contamination; and economic development. This book provides information on the purposes for and extent to which eminent domain can be and has been used; the process states and select localities across the country use to acquire land, including by eminent domain; how the use of eminent domain has affected individuals and communities in select localities; and the changes state legislatures made to laws governing the use of eminent domain from June 2005 through July 2006.
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 Use and Abuse of Eminent Domain in Relation to Urban Development written by Marina Ristić and published by . This book was released on 2013 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Evicted written by David Schultz and published by Bloomsbury Publishing USA. This book was released on 2009-12-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evicted! is a practical and critical look at the vulnerability of Americans' property rights to eminent domain abuse since the Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision Kelo v. City of New London, which upheld the taking of an individual's home by local government for the sake of private development, unleashed a firestorm of controversy. The backlash against eminent domain cuts across partisan, ideological, and racial lines, with 4 out of 5 Americans opposing Kelo. Critics of Kelo claim that it represents a radical departure in the law, putting every homeowner in jeopardy of dispossession by government at the service of corporate interests. But are property rights and eminent domain truly in mortal conflict? Written for general readers, property owners, and local government officials seeking to understand the implications of Kelo for eminent domain and property law, Evicted! cuts through all the hype and hysteria surrounding Kelo and argues that the alleged wave of eminent domain abuse is mostly a myth. Evicted! describes what property rights are, why the law protects them, and how eminent domain really works. Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse. Nevertheless, the author identifies certain legislative changes that are needed at the local, state, and national levels to better protect individual property owners when corporate thugs and corrupt government officials occasionally gang up against them.
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.
Download or read book When the Government Takes Your Home written by Jeanette M. Petersen and published by . This book was released on 2010 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Use and Abuse of Blight in Eminent Domain written by Martin E. Gold and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blight findings have functioned as a cornerstone for condemnation since the great urban decline of the mid-twentieth century prompted governments at all levels throughout the country to intervene in the real estate market. Elements of blight, and then the term itself, became a basis for this intervention. But the use of blight as a basis for takings has become increasingly controversial as its application has migrated from slum clearance to urban renewal, then to economic development projects, and on to revenue-enhancing projects. And, at the same time, the definition has been expanded to give government greater and greater latitude. Immediately following the largely negative reaction to the U.S. Supreme Court decision in Kelo vs. City of New London, home owners, business activists and state politicians sought "reform" to their state's eminent domain statutes. One of the most important items on the agenda was the use and abuse of blight. In this paper, we take a close look at the issue. We briefly describe the origins of the use of the term and discuss how, in the absence of a clear, unambiguous definition, the eminent domain statutes of the nation's fifty states describe blight through locally developed definitions and criteria which are complicated and diverse. Even prior to Kelo, several states enacted reforms aimed at curbing abuses arising from their blight criteria, but these reforms did not change the character of the definition or the highly subjective aspects of its application. Eminent domain is a balance between government and public needs on the one hand and property owner rights on the other. As a means of evaluating the use of eminent domain and blight findings, we lay out a hierarchy for projects in which the level of public benefits is compared with the level of private benefits. Where a particular eminent domain taking falls along our spectrum will depend upon its ratio of public benefits to private benefits. In addressing abuses in the use of blight criteria, we look at the reforms made in the post-Kelo era. Although forty-three states enacted Post Kelo reforms, clashing political and business forces failed to check the permissiveness under which private property in most states can still be condemned as "blighted." So we turn our attention to the creation of a better definition and criteria. We focus on two major reforms: the elimination of the most abused criteria and the use of quantification. Believing, as we do, that there are clear and compelling reasons for using the power of eminent domain for public purposes (and not just pure public use) our purpose is to see established thoughtfully crafted, objective and measurable, standards for the determination of blight.
Download or read book Eminent Domain Abuse in Arizona written by Jordan R. Rose and published by . This book was released on 2002 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Property Rights and Land Policies written by Gregory K. Ingram and published by Lincoln Inst of Land Policy. This book was released on 2009 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt:
