The Law of Eminent Domain
Author : Philip Nichols
Publisher :
Page : 880 pages
File Size : 29,7 MB
Release : 1917
Category : Eminent domain
ISBN :
Author : Philip Nichols
Publisher :
Page : 880 pages
File Size : 29,7 MB
Release : 1917
Category : Eminent domain
ISBN :
Author : Susan Reynolds
Publisher : Univ of North Carolina Press
Page : 187 pages
File Size : 30,77 MB
Release : 2010
Category : Law
ISBN : 0807833533
In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in
Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 377 pages
File Size : 44,38 MB
Release : 2009-07-01
Category : Law
ISBN : 0674036557
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.
Author : Philip Nichols
Publisher : Franklin Classics Trade Press
Page : 878 pages
File Size : 30,75 MB
Release : 2018-11-10
Category : History
ISBN : 9780353047570
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Texas
Publisher :
Page : pages
File Size : 43,58 MB
Release : 2014
Category : Property
ISBN :
Author : Cynthia Fraser
Publisher : American Bar Association
Page : 0 pages
File Size : 38,48 MB
Release : 2011
Category : Law
ISBN : 9781614380986
While eminent domain traditionally was used to acquire property for roads, waterways, defense installations, government and public buildings, and the interstate highway system, it has recently been a favored tool in developing urban areas, creating shopping malls, and building big-box retail stores. This is a practical guide for lawyers applying modern land-use doctrine in takings cases.
Author : John Lewis
Publisher :
Page : 1106 pages
File Size : 42,53 MB
Release : 1888
Category : Eminent domain
ISBN :
Author : Daniel F. Hinkel
Publisher :
Page : 367 pages
File Size : 32,57 MB
Release : 2000
Category : Eminent domain
ISBN :
Author : Julius L. Sackman
Publisher :
Page : 1084 pages
File Size : 21,14 MB
Release : 2006
Category : Eminent domain
ISBN :
Author : Julius L. Sackman
Publisher : International Institute of Technology, Incorporated
Page : 530 pages
File Size : 47,6 MB
Release : 2008
Category : Law
ISBN :
First ed. by P. Nichols, published in 1909 under title : The power of eminent domain.