Public Property And Private Power
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Public Property And Private Power
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Author : Hendrik Hartog
language : en
Publisher: Cornell University Press
Release Date : 2018-08-06
Public Property And Private Power written by Hendrik Hartog and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with History categories.
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Public Property And Private Power
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Author : Hendrik Hartog
language : en
Publisher:
Release Date : 1989
Public Property And Private Power written by Hendrik Hartog and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Private Power Public Law
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Author : Susan K. Sell
language : en
Publisher: Cambridge University Press
Release Date : 2003
Private Power Public Law written by Susan K. Sell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Private Property And The Constitution
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Author : James Huffman
language : en
Publisher: Springer
Release Date : 2013-12-05
Private Property And The Constitution written by James Huffman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-05 with Law categories.
This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.
Private Property And Public Power
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Author : Deborah Lynn Becher
language : en
Publisher:
Release Date : 2014
Private Property And Public Power written by Deborah Lynn Becher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
News media reports on eminent domain often highlight outrage and heated protest. But these accounts, Debbie Becher finds, obscure a much more complex reality of how Americans understand property. Private Property and Public Power presents the first comprehensive study of a city's acquisitions, exploring how and why Philadelphia took properties between 1992 and 2007 for private redevelopment. Becher uses original data-collected from city offices and interviews with over a hundred residents, business owners, community leaders, government representatives, attorneys, and appraisers-to explore how eminent domain really works. Surprisingly, the city took over 4,000 private properties, and these takings rarely provoked opposition. When conflicts did arise, community residents, businesses, and politicians all appealed to a shared notion of investment to justify their arguments about policy. It is this social conception of property as an investment of value, committed over time, that government is responsible for protecting. Becher's findings stand in stark contrast to the views of libertarian and left-leaning activists and academics, but recognizing property as investment, she argues, may offer a solid foundation for more progressive urban policies.
Private Property And Public Power
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Author : Debbie Becher
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Private Property And Public Power written by Debbie Becher and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This volume explores the legitimacy of government involvement in private economic actions by presenting a study of property takings. In the first comprehensive study of a city's eminent-domain acquisitions, Debbie Becher explores which properties Philadelphia pursued for private redevelopment and how stakeholders decided that government actions were either a use or abuse of power.
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
Takings
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Author : Richard A. Epstein
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Takings written by Richard A. Epstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
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.
Public Interest Private Property
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Author : Anneke Smit
language : en
Publisher: UBC Press
Release Date : 2015-12-15
Public Interest Private Property written by Anneke Smit and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-15 with Social Science categories.
When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.
The Economic Theory Of Eminent Domain
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Author : Thomas J. Miceli
language : en
Publisher:
Release Date : 2011
The Economic Theory Of Eminent Domain written by Thomas J. Miceli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Electronic book categories.
"Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use"--Publisher's website