Author: Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 211
Book Description
Litigating Takings Challenges to Land Use and Environmental Regulations
Author: The Takings Issue
Author: Robert MeltzPublisher: Island Press
ISBN: 9781597263283
Category : Law
Languages : en
Pages : 626
Book Description
As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.
Handling the Land Use Case
Author: Frank SchnidmanPublisher: Aspen Publishers
ISBN:
Category : Actions and defenses
Languages : en
Pages : 420
Book Description
Land Use Institute, Planning, Regulation, Litigation, Eminent Domain, and Compensation
Author: Land Use Controls
Author: Robert C. EllicksonPublisher: Aspen Publishing
ISBN: 1454897937
Category : Law
Languages : en
Pages : 922
Book Description
Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
Land Use Regulation
Author: Daniel P. SelmiPublisher: Aspen Publishing
ISBN: 1454887966
Category : Law
Languages : en
Pages : 1304
Book Description
Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Regulatory Takings and the Environment
Author: Darren Botello-SamsonPublisher: LFB Scholarly Publishing
ISBN: 9781593324001
Category : Electronic books
Languages : en
Pages : 0
Book Description
Botello-Samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation. By analyzing the impact of such litigation on the implementation of two federal environmental statutes, the Surface Mining Control and Reclamation Act and the Endangered Species Act, the author uncovers institutionalized characteristics of these regulatory regimes which insulate policy decision-making from the forces of a chilling effect. While these characteristics do not prevent a chilling effect, they do direct an understanding of regulatory takings litigation away from a total focus on economic costs and toward a focus on the hermeneutic and relational contexts that shape expectations of property use in a legally pluralistic environment.
Litigating Takings Claims and Other Constitutional Challenges to Government Regulation
Author: Current Trends and Practical Strategies in Land Use Law and Zoning
Author: Patricia E. SalkinPublisher: American Bar Association
ISBN: 9781590314173
Category : Business & Economics
Languages : en
Pages : 258
Book Description
This useful guide is a compilation of significant trends in land use law, featuring landmark court decisions from the U.S. Supreme Court, federal district courts and state high courts.
Land Use Law
Author: Daniel R. MandelkerPublisher: LexisNexis
ISBN:
Category : City planning and redevelopment law
Languages : en
Pages : 938
Book Description