Author: Philip NicholsPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1242
Book Description
The Law of Eminent Domain
Author: Philip NicholsPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1242
Book Description
LAW OF EMINENT DOMAIN,
Author: PHILIP. NICHOLSPublisher:
ISBN: 9781033789315
Category :
Languages : en
Pages : 0
Book Description
The Law of Eminent Domain
Author: Philip NicholsPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages :
Book Description
The Power of Eminent Domain
Author: Philip NicholsPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 594
Book Description
"A treatise on the constitutional principles which affect the taking of property for public use."--T.p
The Power of Eminent Domain; a Treatise on the Constitutional Principles Which Affect the Taking of Property for Public Use
Author: Philip NicholsPublisher: Rarebooksclub.com
ISBN: 9781230105208
Category :
Languages : en
Pages : 200
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...payment the owner might be remediless, it is held that such a breach of public faith is not a reasonable possibility. As a State may " Cherokee Nation v. Kansas Railway Co., 135 U. S. 641, 34 L. ed. 295: " The constitution declares that private property shall not be taken 'for public use without just compensation.' It does not provide or require that compensation shall be actually paid in advance of the occupancy of the land to be taken. But the owner is entitled to reasonable. certain and adequate provision for obtaining compensation before his occupancy is disturbed. Whether a particular provision be sufficient to secure the compensation to which, under the constitution, he is entitled is sometimes a question of difficulty." Here held that a deposit of twice the referee's award, pending appeal, was sufficient provision. Backus v. Fort St. Union Depot Co., 169 U. S. 557, 42 L. ed. 853: "There can be no doubt that if adequate provision for compensation is made, authority may be granted for taking possession pending inquiry as to the amount which must be paid, and before any final determination thereof." Petition of the United States, 96 N. Y. 227: "The fundamental doctrine, of course, is that private property cannot be taken for public purposes without just compensation, but this need not be given in all cases concurrently in point of time with the actual exercise of the right of eminent domain. It is enough if an adequate and certain remedy is provided whereby the owner of such property may compel payment of his damages. This means reasonable legal certainty." Brickett v. Haverhill Aqueduct Co., 142 Mass. 394, 8 N. E. 119: " The question whether the provision for...
Power of Eminent Domain: A Treatise on the Constitutional Principles Which Affect the Taking of Property for Public Use
Author: The Law of Eminent Domain
Author: Philip NicholsPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 880
Book Description
The Safeguard of Liberty and Property
Author: Guy F. BurnettPublisher: Lexington Books
ISBN: 0739197843
Category : Political Science
Languages : en
Pages : 177
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.
Theft Is Property!
Author: Robert NicholsPublisher: Duke University Press
ISBN: 1478007508
Category : Social Science
Languages : en
Pages : 154
Book Description
Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
The Grasping Hand
Author: Ilya SominPublisher: University of Chicago Press
ISBN: 022645682X
Category : Law
Languages : en
Pages : 377
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.
