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Author: Susan Reynolds
Publisher: Univ of North Carolina Press
Published: 2010
Total Pages: 187
ISBN-13: 0807833533
DOWNLOAD EBOOKIn 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: Carl Neville
Publisher: Watkins Media Limited
Published: 2020-06-09
Total Pages: 461
ISBN-13: 1912248840
DOWNLOAD EBOOKIn the Socialist Utopia of the People's Republic of Britain a routine criminal investigation spirals out of control with world-shattering consequences. The Cold War ended thirty years ago, the Communists have won in Europe and the world has settled into two blocks divided by a silicon curtain, The Partition. The tranquil backwater of the People's Republic of Britain is due to host an international sporting event, the Games, and celebrate the twenty-fifth anniversary of the country becoming a republic. When the organiser of the Games dies suddenly and his office is broken into, Barrow, the retired security operative enlisted to investigate, is drawn into a conspiracy that has implications not only for him and his team of young and inexperienced assistants, but for their entire way of life. How is the American research student Julia Verona implicated? Is some kind of attack being planned? Who is really in command of the operation? Is there a double agent within the PRBs security apparatus? What is the significance of the reclusive novelist Vernon Crane? Fusing the trappings of a literary thriller with experimental style, Eminent Domain explores the art, culture, politics, personalities, conflicts, loves and losses of a range of boldly realised characters in a Utopian world radically different to our own but recognizably the way that things, at one time, might have been. A kaleidoscopic satire of our present moment, Eminent Domain is both a dark thriller and a radical neo-modernist experiment that probes at the limits of Utopia, a formally dazzling reimagining of the political novel in which lives, worlds and even realities collide to devastating effect.
Author: Richard A. Epstein
Publisher: Harvard University Press
Published: 2009-07-01
Total Pages: 377
ISBN-13: 0674036557
DOWNLOAD EBOOKIf 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:
Published: 1917
Total Pages: 1242
ISBN-13:
DOWNLOAD EBOOKAuthor: Il-chung Kim
Publisher: Cambridge University Press
Published: 2017-04-06
Total Pages: 329
ISBN-13: 1107177294
DOWNLOAD EBOOKA collection of essays that examines the use and abuse of eminent domain across the world.
Author: Susan Reynolds
Publisher: Univ of North Carolina Press
Published: 2010-03-01
Total Pages: 186
ISBN-13: 0807895865
DOWNLOAD EBOOKIn 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 institution of private property. Before Eminent Domain concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. Reynolds concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.
Author: 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: Carla T. Main
Publisher: ReadHowYouWant.com
Published: 2010-06
Total Pages: 502
ISBN-13: 1459611748
DOWNLOAD EBOOKEminent domain entered the awareness of many Americans with the recent U.S. Supreme Court case Kelo v. New London. Across the political spectrum, people were outraged when the Court majority said that a local government may transfer property from one private party to another under the ''public use'' clause of the Constitution, for the sake of ''economic development. Carla T. Main - who in the past, as a lawyer, has represented the condemning authorities in eminent domain cases - examines how property rights in America have come to be so weak, tracing the history of eminent domain from the Revolutionary War to the Kelo case. But the heart of Bulldozed is a story of how eminent domain has affected an American family and the small-town community where they have lived and worked for decades. In the 1940s, Pappy and Isabel Gore established a shrimp processing plant in Freeport, Texas. Three generations of Gores built Western Seafood into a thriving business that stood up to fierce competition and market flux. But Freeport was struggling, and city officials decided that a private yacht marina on the Old Brazos River might save it. They would use eminent domain to take the Gores' waterfront property and hand it over to the developer, an heir of a legendary Texas oil family, in a risky sweetheart deal. For three years, the Gores resisted the taking with every ounce of strength they had. Around them, the fabric of the community unraveled as friends and neighbors took sides. Bulldozed vividly recounts the Gores' fight with city hall, and at the same time ponders larger questions of what property rights mean today and who among us is entitled to hold on to the American Dream.
Author: Dwight H. Merriam
Publisher: American Bar Association
Published: 2006
Total Pages: 376
ISBN-13: 9781590316382
DOWNLOAD EBOOKThis book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.
Author: Ellen Frankel Paul
Publisher: Routledge
Published: 2017-09-29
Total Pages: 240
ISBN-13: 1351496263
DOWNLOAD EBOOKIn a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
