Author: Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 24
Book Description
A Procedural Guide for the Acquisition of Real Property by Governmental Agencies
Author: United States. Department of Justice. Lands DivisionPublisher:
ISBN:
Category : Government purchasing of real property
Languages : en
Pages : 74
Book Description
Takings
Author: Richard A. EpsteinPublisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
Book Description
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Hearings, Reports and Prints of the Senate Committee on Appropriations
Author: United States. Congress. Senate. Committee on AppropriationsPublisher:
ISBN:
Category : Finance, Public
Languages : en
Pages : 1052
Book Description
Hearings
Author: United States. Congress SenatePublisher:
ISBN:
Category :
Languages : en
Pages : 1042
Book Description
Hearings
Author: United States. Congress. Senate. Committee on AppropriationsPublisher:
ISBN:
Category :
Languages : en
Pages : 1070
Book Description
The Falls City Engineers
Author: Leland R. JohnsonPublisher:
ISBN:
Category : Ohio River Valley
Languages : en
Pages : 364
Book Description
Hearings, Reports and Prints of the House Committee on Appropriations
Author: United States. Congress. House. Committee on AppropriationsPublisher:
ISBN:
Category : Finance, Public
Languages : en
Pages : 2080
Book Description
Progressive Age
Author: Publisher:
ISBN:
Category : Electric lighting
Languages : en
Pages : 696
Book Description
Includes summaries of proceedings and addresses of annual meetings of various gas associations.
The Progressive Assault on Laissez Faire
Author: Barbara H. FriedPublisher: Harvard University Press
ISBN: 0674037308
Category : Law
Languages : en
Pages : 350
Book Description
Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
Author: