Author: Jeffrey Evans Stake
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The US Constitution requires the government to pay just compensation for taking private property. Justice, in this context, will be achieved only if compensation meets two tests, a reality test and a perception test. The reality test asks whether is it more likely than not that the owner deprived of her property would be made whole by the amount of compensation provided. In determining this likelihood, economics, biology, and psychology ought all to be considered. These disciplines indicate that possession, duration of possession, and multiple occupancy call for compensation bonuses. The perception test asks whether it is more likely than not that the average person would think that the owner would be made whole by the amount of compensation provided. In determining this likelihood, surveys of lay persons should play a key role. Participants surveyed provide more compensation when owners are in possession, when possession lengthens, when there are multiple occupants, and when the land is taken for a project involving substantial private ownership. Participants surveyed did not, however, consider justice to require that owners be awarded full compensation for subjective losses or that compensation be increased proportionately when property appreciates in value.
Determining 'Just Compensation'
Author: Jeffrey Evans Stake
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The US Constitution requires the government to pay just compensation for taking private property. Justice, in this context, will be achieved only if compensation meets two tests, a reality test and a perception test. The reality test asks whether is it more likely than not that the owner deprived of her property would be made whole by the amount of compensation provided. In determining this likelihood, economics, biology, and psychology ought all to be considered. These disciplines indicate that possession, duration of possession, and multiple occupancy call for compensation bonuses. The perception test asks whether it is more likely than not that the average person would think that the owner would be made whole by the amount of compensation provided. In determining this likelihood, surveys of lay persons should play a key role. Participants surveyed provide more compensation when owners are in possession, when possession lengthens, when there are multiple occupants, and when the land is taken for a project involving substantial private ownership. Participants surveyed did not, however, consider justice to require that owners be awarded full compensation for subjective losses or that compensation be increased proportionately when property appreciates in value.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The US Constitution requires the government to pay just compensation for taking private property. Justice, in this context, will be achieved only if compensation meets two tests, a reality test and a perception test. The reality test asks whether is it more likely than not that the owner deprived of her property would be made whole by the amount of compensation provided. In determining this likelihood, economics, biology, and psychology ought all to be considered. These disciplines indicate that possession, duration of possession, and multiple occupancy call for compensation bonuses. The perception test asks whether it is more likely than not that the average person would think that the owner would be made whole by the amount of compensation provided. In determining this likelihood, surveys of lay persons should play a key role. Participants surveyed provide more compensation when owners are in possession, when possession lengthens, when there are multiple occupants, and when the land is taken for a project involving substantial private ownership. Participants surveyed did not, however, consider justice to require that owners be awarded full compensation for subjective losses or that compensation be increased proportionately when property appreciates in value.
Property
Author: David Dana
Publisher:
ISBN: 9781587780783
Category : Eminent domain
Languages : en
Pages : 0
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.
Publisher:
ISBN: 9781587780783
Category : Eminent domain
Languages : en
Pages : 0
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.
Condemnation
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 46
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 46
Book Description
Nichols on Eminent Domain
Author: Julius L. Sackman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
Book Description
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
Book Description
Condemnation Law and Procedures in New York
Author:
Publisher:
ISBN: 9781579691684
Category : Compensation (Law)
Languages : en
Pages : 449
Book Description
Publisher:
ISBN: 9781579691684
Category : Compensation (Law)
Languages : en
Pages : 449
Book Description
Just Compensation for Requisitioned Vessels
Author: United States. Congress. House. Merchant Marine and Fisheries
Publisher:
ISBN:
Category :
Languages : en
Pages : 178
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 178
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Taking of Property
Author: United Nations Conference on Trade and Development
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 94
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.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 94
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.
Additional Material on Just Compensation
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries
Publisher:
ISBN:
Category :
Languages : en
Pages : 60
Book Description
Memorandum outlining developments to date on the determination and payment of just compensation for vessels requisitioned under section 902 of the Merchant Marine Act, 1936.
Publisher:
ISBN:
Category :
Languages : en
Pages : 60
Book Description
Memorandum outlining developments to date on the determination and payment of just compensation for vessels requisitioned under section 902 of the Merchant Marine Act, 1936.
Law and Public Choice
Author: Daniel A. Farber
Publisher: University of Chicago Press
ISBN: 0226238113
Category : Law
Languages : en
Pages : 170
Book Description
In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School
Publisher: University of Chicago Press
ISBN: 0226238113
Category : Law
Languages : en
Pages : 170
Book Description
In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School