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Author: Theodore J. Novak
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 464
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Book Description
Author: Theodore J. Novak
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 464
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Book Description
Author: Robert Eugene Cushman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 346
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Book Description
Author:
Publisher:
ISBN: 9781579691684
Category : Compensation (Law)
Languages : en
Pages : 449
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Book Description
Author: Glenn Lawrence
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 136
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Book Description
Author: United States. Internal Revenue Service
Publisher:
ISBN:
Category : Government purchasing of real property
Languages : en
Pages : 16
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Book Description
Author: Julius L. Sackman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1564
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Book Description
Author: Richard R. Hammar
Publisher:
ISBN: 9780882435800
Category : Juvenile Nonfiction
Languages : en
Pages : 456
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Book Description
Author: Il-chung Kim
Publisher: Cambridge University Press
ISBN: 1107177294
Category : Law
Languages : en
Pages : 329
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Book Description
A collection of essays that examines the use and abuse of eminent domain across the world.
Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022645682X
Category : Law
Languages : en
Pages : 377
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Book Description
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Author:
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 262
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Book Description
Statutes of the forty-eight states and territories were reviewed which pertain to the condemnation of land for highways. 4 aspects of the power of eminent domain and the manner in which the several state legislatures have handled them are discussed: (1) delegation of the authority to condemn, (2) property which may be taken, (3) type of legal estate which may be acquired, and (4) designation of the procedure to be followed. A comparison of the various statutes within a particular jurisdiction reveals a surprising amount of internal conflict.
