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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.
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.
Author: Darren Botello-Samson Publisher: LFB Scholarly Publishing ISBN: 9781593326494 Category : Eminent domain Languages : en Pages : 239
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.
Author: Nancie G. Marzulla Publisher: ISBN: Category : Business & Economics Languages : en Pages : 356
Book Description
Written in non-legalese, this book defines, in detail, government takings and explains the laws, regulations, state issues, litigation disputes, and compensations involved. Landowners, developers, lenders, contractors, government regulators, and activists in both the environmental and property rights movements will enjoy the comprehensiveness of this book.
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.
Author: Publisher: ISBN: 9781543813449 Category : Environmental law Languages : en Pages : 1202
Book Description
Environmental Regulation: Law, Science, and Policy, Eighth Edition by Robert V. Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape, provides comprehensive and easy-to-understand coverage of the entire field of environmental law. It focuses not only on the substance of the environmental statutes, but also on the policies they seek to implement, how they are translated into regulations, and the factors that influence how they affect real-world behavior. Key Features: Explanation of the initial impact of President Trump's efforts to sharply reverse environmental policy, including use of the Congressional Review Act to veto regulation Coverage of lead poisoning in Flint, Michigan and the Safe Drinking Water Act Coverage of the Paris Agreement on climate change and President Trump's decision to withdraw from it Effective teaching and study aids mapping the structure of each environmental statute, real-world-based problems and questions, and pathfinders explaining where to find crucial source materials for every major topic the Supreme Court's Murr v. Wisconsin decision and its impact on regulatory takings doctrine Explanation of the DC Circuit's August 2017 decision requiring consideration of climate change in pipeline licensing decisions Self-contained chapters, written in a style accessible to the non-specialist, that also afford instructors flexibility in organizing courses.
Author: Robert V. Percival Publisher: Aspen Publishers ISBN: 9781543813425 Category : Languages : en Pages : 1456
Book Description
Environmental Regulation: Law, Science, and Policy, Eighth Edition by Robert V. Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape, provides comprehensive and easy-to-understand coverage of the entire field of environmental law. It focuses not only on the substance of the environmental statutes, but also on the policies they seek to implement, how they are translated into regulations, and the factors that influence how they affect real-world behavior. Key Features: Explanation of the initial impact of President Trump's efforts to sharply reverse environmental policy, including use of the Congressional Review Act to veto regulation Coverage of lead poisoning in Flint, Michigan and the Safe Drinking Water Act Coverage of the Paris Agreement on climate change and President Trump's decision to withdraw from it Effective teaching and study aids mapping the structure of each environmental statute, real-world-based problems and questions, and "pathfinders" explaining where to find crucial source materials for every major topic the Supreme Court's Murr v. Wisconsin decision and its impact on regulatory takings doctrine Explanation of the DC Circuit's August 2017 decision requiring consideration of climate change in pipeline licensing decisions Self-contained chapters, written in a style accessible to the non-specialist, that also afford instructors flexibility in organizing courses.
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.
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.
Author: Robert Meltz
Author: Robert Meltz
Author: Darren Botello-Samson
Author: Nancie G. Marzulla
Author: Michael Laurence Pratt
Author: B. Benson
Author: 
Author: Robert V. Percival
Author: Thomas J. Miceli
Author: William A. Fischel
Author: United States. Congress. Senate. Committee on Environment and Public Works