Public Rights Private Property
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Public Rights Private Property
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Author : Massachusetts. Attorney General's Office. Division of Environmental Protection
language : en
Publisher:
Release Date : 1996*
Public Rights Private Property written by Massachusetts. Attorney General's Office. Division of Environmental Protection and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996* with Beaches categories.
The Public Nature Of Private Property
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Author : Michael Diamond
language : en
Publisher: Routledge
Release Date : 2016-02-24
The Public Nature Of Private Property written by Michael Diamond and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
Public Rights And Private Property
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Author : Robert Kirkness
language : en
Publisher:
Release Date : 2008
Public Rights And Private Property written by Robert Kirkness and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Common law categories.
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.
Pollution And Property
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Author : Daniel H. Cole
language : en
Publisher: Cambridge University Press
Release Date : 2002-07-18
Pollution And Property written by Daniel H. Cole 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 2002-07-18 with Law categories.
Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.
Public Rights Private Relations
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Author : Jean Thomas
language : en
Publisher: OUP Oxford
Release Date : 2015-04-30
Public Rights Private Relations written by Jean Thomas and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
Shifting Sands
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Author : Melissa K. Scanlan
language : en
Publisher:
Release Date : 2014
Shifting Sands written by Melissa K. Scanlan 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.
Over half the United States population currently lives near a coast. As shorelines are used by more people, developed by private owners, and altered by extreme weather, competition over access to water and beaches will intensify, as will the need for a clearer legal theory capable of accommodating competing private and public interests. One such public interest is to walk along the beach, which seems simple enough. However, beach walking often occurs on this ambulatory shoreline where public rights grounded in the public trust doctrine and private rights grounded in property ownership intersect. To varying degrees, each state has a public trust doctrine that defines public rights on beaches. The extent to which a court subscribes to a sovereignty theory influences the outcome for public rights. Under this theory, the public trust doctrine is an attribute of state sovereignty, and as such, the state lacks the power to eliminate it. Applying a sovereignty theory leads courts to conceptualize public trust rights as an inalienable easement that burdens coastal private property regardless of its omission in the recorded deed. Courts that interpret coastal property in this way allow for a coexistence of public and private rights that accommodates shared uses of the beach, consistent with centuries of English common law. In contrast, courts that theorize state power includes the power to transfer public trust property into private ownership free of public rights leads courts to view the public trust doctrine as an ownership doctrine and draw a distinct line in the sand dividing public from private fee simple estates. These courts tend to favor exclusive use of the beach by private landowners by asserting the dividing line for title purposes is also the boundary for all public rights. This Article examines divergent approaches to public access to beaches across the United States, demonstrates how legal theory influences substantive public and private rights, and discusses takings considerations on beaches. The Article suggests public and private interests are best served by a historically grounded sovereignty theory that recognizes a public trust easement always burdens coastal private titles coupled with a theory of evolving public rights. These background principles not only protect shared uses of the beach, but provide greater clarity around what constitutes a taking of coastal property.
Private Property Rights And Environmental Laws
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Author : United States. Congress. Senate. Committee on Environment and Public Works
language : en
Publisher:
Release Date : 1996
Private Property Rights And Environmental Laws written by United States. Congress. Senate. Committee on Environment and Public Works and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Public Access To Private Land For Walking
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Author : Heidi Robertson
language : en
Publisher:
Release Date : 2011
Public Access To Private Land For Walking written by Heidi Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Whether people have an independent right of access to walk on land they do not own is a question answered differently throughout the world, largely due to cultural, historical, and political variations amongst regions. In this decade, English citizens gained a legislated right to roam on privately owned land designated by the government for public access. The British government now designates land as access land by evaluating the nature of the land itself, not its ownership status. In Sweden, the right to roam on land owned by another has long been a deeply rooted cultural tradition, though not codified in law. Other countries have adopted variations of a right of access, while some, like the United States, continue largely to resist it, choosing instead to hold property owners' right to exclude above a public right of access. This paper looks at some of the historical and cultural reasons countries have adopted, cherished, or rejected a public right of access to privately owned land. In particular, it focuses on the degree to which each culture values environmental and individual responsibility. To do so, it considers the Scandinavian countries, with an emphasis on Sweden, where a public right of access is longstanding and cherished, and there is a corresponding deep respect for the environment and individual responsibility. It then considers England, which has moved decisively toward granting broader rights of access to certain types of land through legislation, grounding that expansion on the satisfaction of certain rules pertaining to environmental and individual responsibility. It also looks briefly at several countries in Europe, where environmental and individual responsibility, as well as other cultural factors, have supported expanded rights of access. Finally, it raises the question why the United States does not have, and will not likely achieve, a similar legislated or cultural right of access to private land for walking.
Private Right Or Public Right Course Form 12 044
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Author : Sovereignty Education and Defense Ministry (SEDM)
language : en
Publisher: Sovereignty Education and Defense Ministry (SEDM)
Release Date : 2021-09-09
Private Right Or Public Right Course Form 12 044 written by Sovereignty Education and Defense Ministry (SEDM) and has been published by Sovereignty Education and Defense Ministry (SEDM) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Law categories.
How to distinguish a PRIVATE right from a PUBLIC right so that you can AVOID PUBLIC rights.