The Takings Issue
The Takings Issue

Author: Robert Meltz

Publisher: Island Press

Published: 1998-12

Total Pages: 626

ISBN-13: 9781597263283

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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.

Land Use Regulation
Land Use Regulation

Author: Daniel P. Selmi

Publisher: Aspen Publishing

Published: 2017-03-01

Total Pages: 1304

ISBN-13: 1454887966

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Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.

The Taking Issue
The Taking Issue

Author: Fred P. Bosselman

Publisher:

Published: 1973

Total Pages: 362

ISBN-13:

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A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners.

Land Use Controls
Land Use Controls

Author: Robert C. Ellickson

Publisher: Aspen Publishing

Published: 2020-10-15

Total Pages: 922

ISBN-13: 1454897937

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Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy

Land Use Regulation
Land Use Regulation

Author: Daniel P. Selmi

Publisher:

Published: 2004

Total Pages: 824

ISBN-13:

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This dynamic casebook focuses on the role of the lawyer in land use regulatory matters And The factors that influence land development decisions. it emphasizes the modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, Is equally well suited for courses in land use and land development. When you examine this concise casebook, be sure to notice its: Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters. Plentiful materials -- news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field. Emphasis on the most current material and recent cases to convey the dynamic context of land use law. Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions. Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates. Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society. Clear and practical explanations of the lawyer's role. Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide For The Second Edition, The authors have refined and improved their casebook by incorporating: deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) And The academic debate over the origins and reach of takings law. New cases of First Amendment protections: City of Los Angeles v. Alameda Books, The Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions. New information on the economics of land use. A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction To The field. A completely updated section on smart growth, sprawl, and sustainable development. Expanded coverage of private law instruments, such as development agreements. New materials on annexations and redevelopment law. Cases chosen for their teaching value. Land Use Regulation: Cases and Materials, Second Edition, Is an excellent vehicle for giving students a realistic look at the modern practice of land use law.

Takings International
Takings International

Author: Rachelle Alterman

Publisher: American Bar Association

Published: 2010

Total Pages: 418

ISBN-13: 9781604425505

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This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

The Economics of Zoning Laws
The Economics of Zoning Laws

Author: William A. Fischel

Publisher: JHU Press

Published: 1987-08

Total Pages: 396

ISBN-13: 9780801835629

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Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.