Taking Property And Just Compensation
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Taking Property And Just Compensation
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Author : Nicholas Mercuro
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Taking Property And Just Compensation written by Nicholas Mercuro and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Political Science categories.
While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
Progress Property And Just Compensation
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Author :
language : en
Publisher:
Release Date : 1963
Progress Property And Just Compensation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Eminent domain categories.
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.
Taking Property And Just Compensation
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Author : Nicholas Mercuro
language : en
Publisher:
Release Date : 1992-09-30
Taking Property And Just Compensation written by Nicholas Mercuro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-09-30 with categories.
While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
The Economics Of Eminent Domain
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Author : Thomas J. Miceli
language : en
Publisher: Now Publishers Inc
Release Date : 2007
The Economics Of Eminent Domain written by Thomas J. Miceli and has been published by Now Publishers Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Eminent domain categories.
The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.
Condemnation Of Property
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Author : Theodore J. Novak
language : en
Publisher: Aspen Publishers
Release Date : 1994
Condemnation Of Property written by Theodore J. Novak and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
The Rights Of The Owners Of Private Property Taken In War
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Author : Thomas Welles Bartley
language : en
Publisher:
Release Date : 1873
The Rights Of The Owners Of Private Property Taken In War written by Thomas Welles Bartley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1873 with United States categories.
Property Rights
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Author : Bernard Siegan
language : en
Publisher: Routledge
Release Date : 2018-04-24
Property Rights written by Bernard Siegan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-24 with Law categories.
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Taking Of Property
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Author : United Nations Conference on Trade and Development
language : en
Publisher:
Release Date : 2000
Taking Of Property written by United Nations Conference on Trade and Development and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.
Nichols On Eminent Domain
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Author : Julius L. Sackman
language : en
Publisher:
Release Date : 2006
Nichols On Eminent Domain written by Julius L. Sackman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Eminent domain categories.