Limits To Property

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Limits To Property

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Author : Andrew Simms
language : en
Publisher:
Release Date : 2003*

Limits To Property written by Andrew Simms and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003* with Property categories.

The Limits Of Lockean Rights In Property

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Author : Gopal Sreenivasan
language : en
Publisher: Oxford University Press
Release Date : 1995-09-14

The Limits Of Lockean Rights In Property written by Gopal Sreenivasan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-09-14 with Philosophy categories.

This book discusses Locke's theory of property from both a critical and an interpretative standpoint. The author first develops a comprehensive interpretation of Locke's argument for the legitimacy of private property, and then examines the extent to which the argument is really serviceable in defense of that institution. He contends that a purified version of Locke's argument--one that adheres consistently to the logic of Locke's text while excluding considerations extraneous to his logic--actually does establish the legitimacy of a form of private property. This version, which is both defensible in contemporary, secular terms and is, essentially, egalitarian, should provoke a reassessment of the nature of Locke's relevance to contemporary discussions of distributive justice.

Procedural Requirements For Administrative Limits To Property Rights

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Author : Martina Conticelli
language : en
Publisher: Oxford University Press
Release Date : 2022-09-01

Procedural Requirements For Administrative Limits To Property Rights written by Martina Conticelli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-01 with Law categories.

Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

The Right To Property

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Author : Robert Lee Rariden
language : en
Publisher:
Release Date : 1984

The Right To Property written by Robert Lee Rariden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Right of property categories.

Land Law And Limits On The Right To Property

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Author : Yiğit Sayın
language : en
Publisher:
Release Date : 2017

Land Law And Limits On The Right To Property written by Yiğit Sayın and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

The right to property is probably the oldest real right, much before concepts such as “right” or “real” (as opposed to “personal”) were outlined. It has often been regarded as a “natural” right, derived from nature. Therefore, controversies on property are certainly as old as humanity itself. However, in the revolutionary period, the right to property was deemed a fundamental right and included as such in the charters approved at that time. This has continued up to our times, including in modern constitutions and international and regional human rights treaties. Its rationale is mostly to protect the right to property against governmental action, even though there are opposite policy preferences as to regulation of property rights at the domestic level. This is why taking property in the public interest or in the public need is frequently mentioned in those texts. However, the restrictions deriving from the protection of the public interest in regard to environmental values and livelihoods, natural resources, coasts, forest villagers or indigenous people are recognized in an overwhelming majority of the legal orders at the constitutional or statutory level or in the case law. Those limits become visible especially in regard to land law in different scenarios. Developmental challenges, new technologies and emerging economic powers or models necessitate portraying and rethinking land law restrictions from the perspective of human rights since the claims as to the right to property as a fundamental right transform and develop rapidly in domestic or regional human rights litigation and in constitutional designs. The land law disputes, which had been traditionally viewed as a quintessential local matter, are increasingly affected by supranational legal norms and procedures. Accordingly, a number of recurring themes typify the various cases, especially in seeking to strike an appropriate balance between the right to property and the authority of governments to regulate or expropriate land to promote the public interest. This collaborative paper aims at focusing on land law and the limits on the right to property from historical, comparative and international perspectives to analyze continuity, divergences, differences and similarities in approaches in seemingly independent contexts. First, the paper deals with property in land and its limits in Jewish law, canon law, Islamic law and Hindu law, while it puts specific emphasis on Roman law conceptualizations affecting current domestic and international settings. In so doing, the paper seeks to demonstrate what might be considered a counterintuitive argument: while natural law or moral based law theories of property rights are conventionally associated with the right of an individual, the same sets of arguments also point to promoting the interests of the community as a whole, and to the need to strike an appropriate balance between individual and community in constructing land law. Second, it portrays modern constitutional structures based on different policy preferences of two emerging economies, India and Turkey. Third, the paper analyzes international human rights disputes, ranging from claims of protection of rights of indigenous people to conflicts arising from cross-border acquisition of land, in light of the growing case law on these matters. Cutting across many periods and jurisdictions, the paper addresses what is essentially a leitmotif in property law: identifying the tension between individual and community in delineating the boundaries of ownership, control, and use of scarce resources, and the particular resolution of such tension in the case of land.

Procedural Requirements For Administrative Limits To Property Rights

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Author : Martina Conticelli
language : en
Publisher:
Release Date : 2022

Procedural Requirements For Administrative Limits To Property Rights written by Martina Conticelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Administrative procedure categories.

Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume addresses one of the most traditional sets of procedures, namely the exercise of public powers affecting property rights. It provides a synchronic comparison of legal systems across the EU, US, and regimes beyond the State.

Fiscal Limits And Property Tax Relief

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Author : Arizona. Legislature. Joint Select Committee on State Revenues and Expenditures
language : en
Publisher:
Release Date : 1989

Fiscal Limits And Property Tax Relief written by Arizona. Legislature. Joint Select Committee on State Revenues and Expenditures and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Fiscal policy categories.

John Locke S Concept Of Property

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Author : Shelly Hiller Marguerat
language : en
Publisher:
Release Date : 2014

John Locke S Concept Of Property written by Shelly Hiller Marguerat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.

Law Of Property Rights Protection 3rd Edition

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Author : Laitos
language : en
Publisher: Wolters Kluwer
Release Date : 2019-12-17

Law Of Property Rights Protection 3rd Edition written by Laitos and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Law categories.

Law of Property Rights Protection: Limitations on Governmental Powers, Third 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, Third 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. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368

Property Rights And The Limits Of Democracy

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Author : Charles Kershaw Rowley
language : en
Publisher:
Release Date : 1993

Property Rights And The Limits Of Democracy written by Charles Kershaw Rowley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with categories.