The Safeguard of Liberty and Property
The Safeguard of Liberty and Property

Author: Guy F. Burnett

Publisher: Lexington Books

Published: 2014-12-11

Total Pages: 177

ISBN-13: 0739197843

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In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Trade-Offs
Trade-Offs

Author: Harold Winter

Publisher: University of Chicago Press

Published: 2023-09-29

Total Pages: 206

ISBN-13: 0226828891

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The highly engaging introduction to thinking like an economist, updated for a new generation of readers. When economists wrestle with any social issue—be it unemployment, inflation, healthcare, or crime and punishment—they do so impersonally. The big question for them is: what are the costs and benefits, or trade-offs, of the solutions to such matters? These trade-offs constitute the core of how economists see the world—and make the policies that govern it. Trade-Offs is an introduction to the economic approach of analyzing controversial policy issues. A useful introduction to the various factors that inform public opinion and policymaking, Trade-Offs is composed of case studies on topics drawn from across contemporary law and society. Intellectually stimulating yet accessible and entertaining, Trade-Offs will be appreciated by students of economics, public policy, health administration, political science, and law, as well as by anyone following current social policy debates.

Private Property and Takings Compensation
Private Property and Takings Compensation

Author: Yun-Chien Chang

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 209

ISBN-13: 0857935283

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'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's analysis of this interesting and important area is illuminating and sure to spark further dialogue.' – Lee Anne Fennell, University of Chicago Law School, US 'Chang's book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivize assessors.' – Daniel L. Rubinfeld, University of California, Berkeley, US This innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation – zero, current value, fair market value, economic value and project value compensation – and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues.

Evicted!
Evicted!

Author: David Schultz

Publisher: Bloomsbury Publishing USA

Published: 2009-12-22

Total Pages: 241

ISBN-13: 031335345X

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Evicted! is a practical and critical look at the vulnerability of Americans' property rights to eminent domain abuse since the Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision Kelo v. City of New London, which upheld the taking of an individual's home by local government for the sake of private development, unleashed a firestorm of controversy. The backlash against eminent domain cuts across partisan, ideological, and racial lines, with 4 out of 5 Americans opposing Kelo. Critics of Kelo claim that it represents a radical departure in the law, putting every homeowner in jeopardy of dispossession by government at the service of corporate interests. But are property rights and eminent domain truly in mortal conflict? Written for general readers, property owners, and local government officials seeking to understand the implications of Kelo for eminent domain and property law, Evicted! cuts through all the hype and hysteria surrounding Kelo and argues that the alleged wave of eminent domain abuse is mostly a myth. Evicted! describes what property rights are, why the law protects them, and how eminent domain really works. Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse. Nevertheless, the author identifies certain legislative changes that are needed at the local, state, and national levels to better protect individual property owners when corporate thugs and corrupt government officials occasionally gang up against them.

Takings
Takings

Author: Richard A. Epstein

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 377

ISBN-13: 0674036557

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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.

Environmental Law
Environmental Law

Author: Philip Weinberg

Publisher: University Press of America

Published: 2006-02-24

Total Pages: 490

ISBN-13: 1461680638

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Environmental Law: Cases and Materials, Third Edition is designed to reflect the vital and symbiotic connection between land-use regulation and the more traditional scope of environmental law. In addition it recognizes the importance of administrative agency decision-making in environmental law. The book begins with a look at the judicial review process of agency decisions and important issues. It examines the common-law remedy of nuisance, the matrix of so much of environmental law and still a significant cause of action, and goes on to look at land-use controls, with particular emphasis on critical areas-landmarks, wetlands, coastal resources-and the de facto taking issue. Air and water quality, waste, toxics and the other areas of comprehensive statutory control, the National Environmental Policy Act, electric generation, and the increasingly important area of international environmental law are also discussed. Since the Third Edition was published three years ago, much has occurred in this fast-shifting field. Several important decisions have dealt with air and water quality and international issues such as global warming have expanded. The Third Edition reflects these recent events.