Have the U. S. Supreme Court's 5th Amendment Takings Decisions Changed Land Use Planning in California? PDF Download
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Author: Daniel Pollak Publisher: DIANE Publishing ISBN: 9780756705381 Category : Business & Economics Languages : en Pages : 154
Book Description
Proposition 13 reduced the ability of local gov't's. to finance public goods and infrastructure through local taxes. Local gov't's. responded by increasing their reliance on fees and exactions. The constitutional takings clause may represent yet another limitation on the ability of local gov't's. to finance public improvements. In addition, CA's burgeoning population and scenic and natural resources make it fertile ground for the conflicts associated with growth: how should transportation infrastructure and other public services be financed as communities spread outward? How should open space, habitat, and access to recreational resources be preserved and paid for? Tables.
Author: Daniel Pollak Publisher: DIANE Publishing ISBN: 9780756705381 Category : Business & Economics Languages : en Pages : 154
Book Description
Proposition 13 reduced the ability of local gov't's. to finance public goods and infrastructure through local taxes. Local gov't's. responded by increasing their reliance on fees and exactions. The constitutional takings clause may represent yet another limitation on the ability of local gov't's. to finance public improvements. In addition, CA's burgeoning population and scenic and natural resources make it fertile ground for the conflicts associated with growth: how should transportation infrastructure and other public services be financed as communities spread outward? How should open space, habitat, and access to recreational resources be preserved and paid for? Tables.
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.
Author: Harvey Martin Jacobs Publisher: Edward Elgar Publishing ISBN: 9781781008461 Category : Law Languages : en Pages : 210
Book Description
The ownership and control of privately owned lands is critical for many fields. Scholars, students and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture should find this volume useful.
Author: James W. Ely Jr. Publisher: Oxford University Press ISBN: 0199724520 Category : History Languages : en Pages : 239
Book Description
The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
Author: American Planning Association Publisher: ISBN: Category : Architecture Languages : en Pages : 228
Book Description
Here, in one volume, are both an overview and an in-depth research resource about four landmark Supreme Court decisions of 2005 that may affect the day-to-day work of planners. The report corrects much misinformation that has been published about the Kelo decision. Included for each case are an overview, the text of the Supreme Court opinion (including dissenting and concurring opinions), the text of the amicus brief that APA filed, and (for Kelo and Lingle) commentary and reaction. The articles in the commentary and reaction sections, as well as the Foreword and Afterword, describe how these decisions will affect everyday planning practice. The various articles in this report are excerpted from other APA publications and the APA website.
Author: Bruce Ackerman Publisher: Yale University Press ISBN: 0300022379 Category : Law Languages : en Pages : 315
Book Description
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis.He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Author: Daniel Pollak
Author: Daniel Pollak
Author: David Dana
Author: Harvey Martin Jacobs
Author: James W. Ely Jr.
Author: Daniel J. Curtin, Jr.
Author: American Planning Association
Author: 
Author: University of California, Davis. School of Law
Author: Bruce Ackerman
Author: California State Library