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Author:
Publisher:
ISBN: 9781579691684
Category : Compensation (Law)
Languages : en
Pages : 449
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Book Description
Author:
Publisher:
ISBN: 9781579691684
Category : Compensation (Law)
Languages : en
Pages : 449
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Book Description
Author: Kenneth Evan Schwinn
Publisher:
ISBN:
Category : Servitudes
Languages : en
Pages : 174
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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: Richard R. Hammar
Publisher:
ISBN: 9780882435800
Category : Juvenile Nonfiction
Languages : en
Pages : 456
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Book Description
Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022625674X
Category : Law
Languages : en
Pages : 369
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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: Julius L. Sackman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
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Book Description
Author: Texas
Publisher:
ISBN:
Category : Property
Languages : en
Pages :
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Book Description
Author: Cynthia Fraser
Publisher: American Bar Association
ISBN: 9781614380986
Category : Law
Languages : en
Pages : 0
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Book Description
While eminent domain traditionally was used to acquire property for roads, waterways, defense installations, government and public buildings, and the interstate highway system, it has recently been a favored tool in developing urban areas, creating shopping malls, and building big-box retail stores. This is a practical guide for lawyers applying modern land-use doctrine in takings cases.
Author: United Nations Conference on Trade and Development
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 94
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Book Description
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.
Author: Katrina M. Powell
Publisher: University of Virginia Press
ISBN: 0813928532
Category : History
Languages : en
Pages : 198
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Book Description
With the Commonwealth of Virginia's Public Park Condemnation Act of 1928, the state surveyed for and acquired three thousand tracts of land that would become Shenandoah National Park. The Commonwealth condemned the homes of five hundred families so that their land could be "donated" to the federal government and placed under the auspices of the National Park Service. Prompted by the condemnation of their land, the residents began writing letters to National Park and other government officials to negotiate their rights and to request various services, property, and harvests. Typically represented in the popular media as lawless, illiterate, and incompetent, these mountaineers prove themselves otherwise in this poignant collection of letters. The history told by the residents themselves both adds to and counters the story that is generally accepted about them. These letters are housed in the Shenandoah National Park archives in Luray, Virginia, which was opened briefly to the public from 2000 to 2002, but then closed due to lack of funding. This selection of roughly 150 of these letters, in their entirety, makes these documents available again not only to the public but also to scholars, researchers, and others interested in the region's history, in the politics of the park, and in the genealogy of the families. Supplementing the letters are introductory text, photographs, annotation, and oral histories that further document the lives of these individuals.
