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Regulatory Takings

Regulatory Takings PDF Author: William A. Fischel
Publisher: Harvard University Press
ISBN: 9780674753884
Category : Business & Economics
Languages : en
Pages : 446

Book Description
State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

Regulatory Takings

Regulatory Takings PDF Author: William A. Fischel
Publisher: Harvard University Press
ISBN: 9780674753884
Category : Business & Economics
Languages : en
Pages : 446

Book Description
State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

Regulatory Takings

Regulatory Takings PDF Author: Steven J. Eagle
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1288

Book Description
This landmark work is the first book-length treatment of "regulatory taking" the controversial legal concept that governmental regulation of private property use can amount to a "taking" that requires compensation. Since a series of U.S. Supreme Court holdings in 1987, courts increasingly have given serious consideration to a rapidly expanding body of such claims. Yet, until now, there has been no detailed analysis of this clash between an expanding scope of land use regulations & the increased assertiveness of property owners. Comprehensive in scope, Regulatory Takings covers such diverse topics as: wetlands regulations; exactions on development; free speech rights in shopping malls & other private property; the Endangered Species Act; "exclusionary" zoning; asset seizures; rent controls.

Regulatory Takings After Knick

Regulatory Takings After Knick PDF Author: David L Callies
Publisher:
ISBN: 9781641057486
Category :
Languages : en
Pages :

Book Description
"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--

Compensation for Regulatory Takings

Compensation for Regulatory Takings PDF Author: Thomas J. Miceli
Publisher: JAI Press(NY)
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 280

Book Description
This volume reviews case law and literature on takings, provides a theoretical analysis of the subject and discusses its applications to environmental protection and resource use.

The Takings Issue

The Takings Issue PDF Author: Robert Meltz
Publisher: 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.

Regulatory takings implementation of Executive Order on government actions affecting private property use.

Regulatory takings implementation of Executive Order on government actions affecting private property use. PDF Author:
Publisher: DIANE Publishing
ISBN: 1428943021
Category :
Languages : en
Pages : 48

Book Description


Takings Law and the Supreme Court

Takings Law and the Supreme Court PDF Author: George Skouras
Publisher: Peter Lang Incorporated, International Academic Publishers
ISBN:
Category : Law
Languages : en
Pages : 200

Book Description
The Takings Clause of the 5th amendment to the U.S. Constitution has emerged as the principal means of protecting private property from governmental interference, regulation, and takings. Dealing with the post-Civil War history and interpretation of regulatory takings law as applied to land use cases, the author takes a critical look at the Supreme Court's standards for evaluating land use cases. Takings Law and the Supreme Court uses an interdisciplinary approach to evaluate utilitarian, postmodernist, moral, environmental and common law, formalist, liberal, as well as conservative efforts to understand the taking of private property.

Property Rights

Property Rights PDF Author: B. Benson
Publisher: Springer
ISBN: 0230107796
Category : Business & Economics
Languages : en
Pages : 324

Book Description
In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.

Regulatory Takings and Proposals for Change

Regulatory Takings and Proposals for Change PDF Author:
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 98

Book Description


Regulatory Takings

Regulatory Takings PDF Author: Stephen J. Eagle
Publisher: LexisNexis
ISBN: 9780327182719
Category : Law
Languages : en
Pages :

Book Description
Regulatory Takings provides clear, yet trenchant analyses of the federal and state constitutional principles that arise when expanding land use regulations clash with the right of citizens to receive just compensation when their property is taken. "On Point" Law for the Legal Specialist Regulatory Takings provides a detailed examination of the substantive and procedural aspects of regulatory takings law as well as the judicial applications of these principles in specific areas, such as exactions on new development and governmental growth restrictions. In the process, Regulatory Takings liberally cites pertinent cases, statutes, and secondary sources. It examines technical considerations unique to regluatory takings, such as special standing requirements, while highlighting widely varying state and local statutes, ordinances, and adminstrative practices. Get detailed analysis on: • wetlands regulations • exactions on development • free speech rights in shopping malls and other private property • the Endangered Species Act • "exclusionary" zoning • asset seizures • rent controls In this invaluable third edition, the author offers careful and balanced appraisals of both governmental powers and private rights. Whether you represent property owners and developers subject to regulation, units of state or local government, or public interest organizations such as environmental or property rights groups, you'll find Regulatory Takings an indispensable resource. This eBook features links to Lexis Advance for further legal research options.