Eminent Domain, 3rd Edition
Eminent Domain, 3rd Edition

Author: Richard G. Rypinski

Publisher:

Published: 2015-09-01

Total Pages: 215

ISBN-13: 9781938166082

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The new, completely updated edition of Eminent Domain: A Step-by-Step Guide to the Acquisition of Real Property is a thorough and precise step-by-step guide through the process California public agencies are required to follow in order to acquire private property for public purposes, from project inception and land valuation through filing and obtaining possession.For public sector attorneys, land acquisition staff and appraisers, and others who need to know how the eminent domain process works.Author Alan Sozio is a partner and member of the Public Law Practice Group at Burke, Williams & Sorensen, LLP, in Los Angeles, where he primarily focuses on public agency property acquisitions, including eminent domain and inverse condemnation litigation.

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.

The Law of Eminent Domain; A Treatise on the Principles Which Affect the Taking of Property for the Public Use
The Law of Eminent Domain; A Treatise on the Principles Which Affect the Taking of Property for the Public Use

Author: Philip Nichols

Publisher: Franklin Classics

Published: 2018-10-14

Total Pages: 878

ISBN-13: 9780343008901

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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.

Eminent Domain
Eminent Domain

Author: Il-chung Kim

Publisher: Cambridge University Press

Published: 2017-04-06

Total Pages: 329

ISBN-13: 1107177294

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A collection of essays that examines the use and abuse of eminent domain across the world.

The Law of Eminent Domain in the United States
The Law of Eminent Domain in the United States

Author: Carman Fitz Randolph

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 202

ISBN-13: 9781230243573

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... PREFACE. Some years ago I wrote an article on the right of eminent domain for the "Law Quarterly Review." My interest in the subject led me to write the following treatise. While I have availed myself of the work of previous writers on eminent domain, especially the learned researches of Mr. Mills and Mr. Lewis, I have not accepted text-book statements of law because of faith in their sponsors, but have tested them by examination of the adjudged cases. The responsibility of an author for all errors of omission or commission I accept literally, for I have not only examined every case cited, but have performed the whole work of searching for cases. It has been my endeavor to present the law of eminent domain as it obtains in this country, with such reference to foreign, especially English, law as will accentuate the peculiarities of our own law or illustrate the principles common to both. I had not progressed far in my research before I became embarrassed with the great and constantly increasing mass of case law. Two courses were open to me, -- to cite all cases interpreting the voluminous condemnation laws of the several States, and attempt to set forth the minutiae of local practice; or to state as simply and clearly as possible the principles of the law, together with those cardinal rules of procedure which, once apprehended, will guide the practitioner through all the variations of local and transitory practice. I chose the latter course. The social and political bearings of the right of eminent domain are pronounced, and the field for speculation and suggestion is tempting and profitable. But this field is beyond my province. This much I may say here, however, -- those who view the power of the state exemplified in the right