Current Condemnation Law
Author: Alan T. Ackerman
Publisher: American Bar Association
Published: 2006
Total Pages: 422
ISBN-13: 9781590317020
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Author: Alan T. Ackerman
Publisher: American Bar Association
Published: 2006
Total Pages: 422
ISBN-13: 9781590317020
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Publisher:
Published: 1994
Total Pages: 234
ISBN-13:
DOWNLOAD EBOOKAuthor: Cynthia Fraser
Publisher: American Bar Association
Published: 2011
Total Pages: 0
ISBN-13: 9781614380986
DOWNLOAD EBOOKWhile 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:
Publisher:
Published: 2005
Total Pages: 449
ISBN-13: 9781579691684
DOWNLOAD EBOOKAuthor: Julius L. Sackman
Publisher:
Published: 2006
Total Pages: 1084
ISBN-13:
DOWNLOAD EBOOKAuthor: Ilya Somin
Publisher: University of Chicago Press
Published: 2016-11-29
Total Pages: 377
ISBN-13: 022645682X
DOWNLOAD EBOOKIn 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Richard R. Hammar
Publisher:
Published: 1983
Total Pages: 456
ISBN-13: 9780882435800
DOWNLOAD EBOOKAuthor: Sidney Z. Searless
Publisher:
Published: 1958
Total Pages:
ISBN-13:
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