Wetlands Regulation and the Law of Property Rights "takings" PDF Download

Author: Robert Meltz
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 41

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Author: Robert Meltz
Publisher: Island Press
ISBN: 9781597263283
Category : Law
Languages : en
Pages : 626

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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: Steven J. Eagle
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1288

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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.

Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 394

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

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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: Stephen J. Eagle
Publisher: LexisNexis
ISBN: 9780327182719
Category : Law
Languages : en
Pages :

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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.

Author: Nancie G. Marzulla
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 356

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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: Royal C Gardner
Publisher: Island Press
ISBN: 1597268151
Category : Business & Economics
Languages : en
Pages : 275

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Book Description
Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.

Author: United States. Congress. House. Committee on Resources. Task Force on Private Property Rights
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 330

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Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 140

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