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Author: William A. Fischel
Publisher: Harvard University Press
ISBN: 9780674753884
Category : Business & Economics
Languages : en
Pages : 446
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Book Description
State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.
Author: William A. Fischel
Publisher: Harvard University Press
ISBN: 9780674753884
Category : Business & Economics
Languages : en
Pages : 446
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Book Description
State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.
Author: David L Callies
Publisher:
ISBN: 9781641057486
Category :
Languages : en
Pages :
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Book Description
"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--
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.
Author: David Dana
Publisher:
ISBN: 9781587780783
Category : Eminent domain
Languages : en
Pages : 0
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Book Description
This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.
Author:
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 98
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Book Description
Author: J. Gregory Sidak
Publisher: Cambridge University Press
ISBN: 9780521591591
Category : Business & Economics
Languages : en
Pages : 654
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Book Description
This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 140
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Book Description
Author: Robert R. Wright
Publisher: West Publishing Company
ISBN:
Category : Business & Economics
Languages : en
Pages : 424
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Book Description
Author: Gregory K. Ingram
Publisher: Lincoln Inst of Land Policy
ISBN: 9781558441880
Category : Law
Languages : en
Pages : 483
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Book Description
Author: John Montague Steadman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 524
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Book Description
This book examines statutes governing actions against the federal government, such as the Tucker Act and the Federal Tort Claims Act. The expansion of attorneys' fees recovery against the U.S. made possible by the 1980 Equal Access to Justice Act is treated in detail, as are the changes in contract dispute resolution contained in the Contract Disputes Act of 1978.
