Download or read book Power of Eminent Domain A Treatise on the Constitutional Principles Which Affect the Taking of Property for Public Use written by and published by . This book was released on 1909 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Power of Eminent Domain a Treatise on the Constitutional Principles Which Affect the Taking of Property for Public Use written by Philip Nichols and published by Rarebooksclub.com. This book was released on 2013-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...payment the owner might be remediless, it is held that such a breach of public faith is not a reasonable possibility. As a State may " Cherokee Nation v. Kansas Railway Co., 135 U. S. 641, 34 L. ed. 295: " The constitution declares that private property shall not be taken 'for public use without just compensation.' It does not provide or require that compensation shall be actually paid in advance of the occupancy of the land to be taken. But the owner is entitled to reasonable. certain and adequate provision for obtaining compensation before his occupancy is disturbed. Whether a particular provision be sufficient to secure the compensation to which, under the constitution, he is entitled is sometimes a question of difficulty." Here held that a deposit of twice the referee's award, pending appeal, was sufficient provision. Backus v. Fort St. Union Depot Co., 169 U. S. 557, 42 L. ed. 853: "There can be no doubt that if adequate provision for compensation is made, authority may be granted for taking possession pending inquiry as to the amount which must be paid, and before any final determination thereof." Petition of the United States, 96 N. Y. 227: "The fundamental doctrine, of course, is that private property cannot be taken for public purposes without just compensation, but this need not be given in all cases concurrently in point of time with the actual exercise of the right of eminent domain. It is enough if an adequate and certain remedy is provided whereby the owner of such property may compel payment of his damages. This means reasonable legal certainty." Brickett v. Haverhill Aqueduct Co., 142 Mass. 394, 8 N. E. 119: " The question whether the provision for...
Download or read book The Power of Eminent Domain written by Philip Nichols and published by . This book was released on 1909 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A treatise on the constitutional principles which affect the taking of property for public use."--T.p
Download or read book The Law of Eminent Domain Vol 2 of 2 written by Philip Nichols and published by Forgotten Books. This book was released on 2017-11-08 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Law of Eminent Domain, Vol. 2 of 2: A Treatise on the Principles Which Affect the Taking of Property for the Public Use Indiana. Cleveland, etc., Ry. Co. V. Hadley, 179 Ind. 429, 101 N. E. 473; Union Traction Co. V. Pfeil, 39 Ind. App. 51, 78 N. E. 1052, 5 St. Ry. Rep. 263. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book The Law of Eminent Domain Vol 1 Of 2 written by Philip Nichols and published by Forgotten Books. This book was released on 2017-11-06 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Law of Eminent Domain, Vol. 1 of 2: A Treatise on the Principles Which Affect the Taking of Property for the Public Use Eight years ago the author of this work issued a volume of some four hundred and twenty - two pages devoted to a discussion of the constitutional limitations upon the power of eminent domain, and While he has had no cause to com plain of the manner in Which his work was received by the critics of the various law reviews, or of the consideration which has been given to his opinions and conclusions by the courts of last resort of many of the states, and while it is doubtless true that a large proportion of the cases arising out of the attempted exercise of the power of eminent domain Which reach the courts of last resort in volve questions of constitutional law, yet it must be con ceded that in the ordinary eminent domain case such as the average attorney encounters in his practice, Which involves merely questions as to the measure of compensation and the proper procedure to be employed, the volume in ques tion was of no service Whatever. The demand upon the author to extend the scope of his work so as to cover all phases of the law of eminent domain has been sufficiently insistent to induce him to attempt the task, and the present treatise is the result. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LAW OF EMINENT DOMAIN written by PHILIP. NICHOLS and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The Law of Eminent Domain a Treatise on the Principles Which Affect the Taking of Property for the Public Use Primary Source Edition written by Philip Nichols and published by Nabu Press. This book was released on 2014-01 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.
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 A Treatise On the Law of Eminent Domain in the United States Volume 2 written by John Lewis and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a definitive guide to eminent domain law in the United States. It covers the legal principles and procedures involved in the taking of private property for public use, including due process, just compensation, and the role of the judiciary. It is an essential resource for law students, practicing lawyers, and anyone interested in property rights and government regulation. 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. 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 Private Property and Public Use in American Constitutional Law written by David Andrew Schultz and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles and Methods of Municipal Administration written by William Bennett Munro and published by New York. This book was released on 1916 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Central Law Journal written by and published by . This book was released on 1909 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. 65-96 include "Central law journal's international law list."
Download or read book Property and Contract in Their Relations to the Distribution of Wealth written by Richard Theodore Ely and published by . This book was released on 1914 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
