Poletown Neighborhood Council v. City of Detroit, 410 MICH 616 (1981)

Poletown Neighborhood Council v. City of Detroit, 410 MICH 616 (1981) PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 56

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66294

Poletown Neighborhood Council v. City of Detroit, 410 MICH 616 (1981)

Poletown Neighborhood Council v. City of Detroit, 410 MICH 616 (1981) PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 56

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Book Description
66294

Riley v. Northland Geriatric Center, 425 MICH 668 (1986)

Riley v. Northland Geriatric Center, 425 MICH 668 (1986) PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 64

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Book Description
75802

The Safeguard of Liberty and Property

The Safeguard of Liberty and Property PDF Author: Guy F. Burnett
Publisher: Lexington Books
ISBN: 0739197843
Category : Political Science
Languages : en
Pages : 177

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Book Description
In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Riley v. Northland Geriatric Center (After Remand); Juncaj v. C & H Industries (After Remand); Moore v. Detroit Board of Education (After Remand), 431 MICH 632 (1988)

Riley v. Northland Geriatric Center (After Remand); Juncaj v. C & H Industries (After Remand); Moore v. Detroit Board of Education (After Remand), 431 MICH 632 (1988) PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 54

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Book Description
81129

Trade-Offs

Trade-Offs PDF Author: Harold Winter
Publisher: University of Chicago Press
ISBN: 0226828891
Category : Business & Economics
Languages : en
Pages : 206

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Book Description
The highly engaging introduction to thinking like an economist, updated for a new generation of readers. When economists wrestle with any social issue—be it unemployment, inflation, healthcare, or crime and punishment—they do so impersonally. The big question for them is: what are the costs and benefits, or trade-offs, of the solutions to such matters? These trade-offs constitute the core of how economists see the world—and make the policies that govern it. Trade-Offs is an introduction to the economic approach of analyzing controversial policy issues. A useful introduction to the various factors that inform public opinion and policymaking, Trade-Offs is composed of case studies on topics drawn from across contemporary law and society. Intellectually stimulating yet accessible and entertaining, Trade-Offs will be appreciated by students of economics, public policy, health administration, political science, and law, as well as by anyone following current social policy debates.

Evicted!

Evicted! PDF Author: David Schultz
Publisher: Bloomsbury Publishing USA
ISBN: 031335345X
Category : Law
Languages : en
Pages : 241

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Book Description
Evicted! is a practical and critical look at the vulnerability of Americans' property rights to eminent domain abuse since the Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision Kelo v. City of New London, which upheld the taking of an individual's home by local government for the sake of private development, unleashed a firestorm of controversy. The backlash against eminent domain cuts across partisan, ideological, and racial lines, with 4 out of 5 Americans opposing Kelo. Critics of Kelo claim that it represents a radical departure in the law, putting every homeowner in jeopardy of dispossession by government at the service of corporate interests. But are property rights and eminent domain truly in mortal conflict? Written for general readers, property owners, and local government officials seeking to understand the implications of Kelo for eminent domain and property law, Evicted! cuts through all the hype and hysteria surrounding Kelo and argues that the alleged wave of eminent domain abuse is mostly a myth. Evicted! describes what property rights are, why the law protects them, and how eminent domain really works. Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse. Nevertheless, the author identifies certain legislative changes that are needed at the local, state, and national levels to better protect individual property owners when corporate thugs and corrupt government officials occasionally gang up against them.

Private Property and Takings Compensation

Private Property and Takings Compensation PDF Author: Yun-Chien Chang
Publisher: Edward Elgar Publishing
ISBN: 0857935283
Category : Law
Languages : en
Pages : 209

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Book Description
'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's analysis of this interesting and important area is illuminating and sure to spark further dialogue.' – Lee Anne Fennell, University of Chicago Law School, US 'Chang's book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivize assessors.' – Daniel L. Rubinfeld, University of California, Berkeley, US This innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation – zero, current value, fair market value, economic value and project value compensation – and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues.

Confirmation Hearings on Federal Appointments

Confirmation Hearings on Federal Appointments PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 1488

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Book Description


Takings

Takings PDF Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377

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Book Description
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.

Advisory Opinion on Constitutionality of 1986 PA 281, 430 MICH 93 (1988)

Advisory Opinion on Constitutionality of 1986 PA 281, 430 MICH 93 (1988) PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 40

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Book Description
80210