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The Takings Issue by Robert Meltz

Title The Takings Issue
Author Robert Meltz
Publisher Island Press
Release Date 1998-12
Category Law
Total Pages 624
ISBN 1597263281
Language English, Spanish, and French
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Book Summary:

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.

Regulatory Takings by William A. Fischel

Title Regulatory Takings
Author William A. Fischel
Publisher Harvard University Press
Release Date 1995
Category Law
Total Pages 415
ISBN 0674753887
Language English, Spanish, and French
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Book Summary:

State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

Takings International by Rachelle Alterman

Title Takings International
Author Rachelle Alterman
Publisher American Bar Association
Release Date 2010
Category Law
Total Pages 390
ISBN 1604425504
Language English, Spanish, and French
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Book Summary:

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.

Takings by Richard Allen EPSTEIN

Title Takings
Author Richard Allen EPSTEIN
Publisher Harvard University Press
Release Date 2009-06-30
Category Law
Total Pages 376
ISBN 9780674036550
Language English, Spanish, and French
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Book Summary:

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein 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.

Regulatory Takings And Proposals For Change by United States. Congressional Budget Office

Title Regulatory takings and proposals for change
Author United States. Congressional Budget Office
Publisher Unknown
Release Date 1998
Category Law
Total Pages 75
ISBN PURD:32754068876139
Language English, Spanish, and French
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Title Have the U S Supreme Court s 5th Amendment Takings Decisions Changed Land Use Planning in California
Author Daniel Pollak
Publisher DIANE Publishing
Release Date 2001-04
Category Eminent domain
Total Pages 137
ISBN 075670538X
Language English, Spanish, and French
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Book Summary:

Proposition 13 reduced the ability of local gov't's. to finance public goods and infrastructure through local taxes. Local gov't's. responded by increasing their reliance on fees and exactions. The constitutional takings clause may represent yet another limitation on the ability of local gov't's. to finance public improvements. In addition, CA's burgeoning population and scenic and natural resources make it fertile ground for the conflicts associated with growth: how should transportation infrastructure and other public services be financed as communities spread outward? How should open space, habitat, and access to recreational resources be preserved and paid for? Tables.

Title Deregulatory Takings and the Regulatory Contract
Author J. Gregory Sidak
Publisher Cambridge University Press
Release Date 1998-10-13
Category Business & Economics
Total Pages 656
ISBN 0521658713
Language English, Spanish, and French
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Book Summary:

This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.

Title Private Property and Takings Compensation
Author Yun-Chien Chang
Publisher Edward Elgar Publishing
Release Date 2013-01-01
Category Law
Total Pages 224
ISBN 9780857935281
Language English, Spanish, and French
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Book Summary:

'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.

Title Bizarre Takings Cases in the United States and Australia
Author Silas Flint
Publisher Silas Flint
Release Date 2014-09-25
Category Law
Total Pages 6
ISBN 9781310804076
Language English, Spanish, and French
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Book Summary:

A dispute about who owns garbage? A court case over who gets to operate San Quentin Prison? A fight regarding use of a church pew? Bizarre as these examples sound, each was a real court case in either the United States or Australia, in which the government took private property. In clear, simple language this volume presents some of the quirkier "takings" cases in the history of the law, which have often left everyone scratching their heads in bewilderment.

Off Hand Takings by George Washington Bungay

Title Off hand Takings
Author George Washington Bungay
Publisher Unknown
Release Date 1854
Category United States
Total Pages 408
ISBN OXFORD:590180959
Language English, Spanish, and French
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Tales And Takings by James V. Watson

Title Tales and Takings
Author James V. Watson
Publisher Unknown
Release Date 1857
Category Methodism
Total Pages 466
ISBN OSU:32435055592026
Language English, Spanish, and French
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Book Summary:

Title Taking Property and Just Compensation
Author Nicholas Mercuro
Publisher Springer Science & Business Media
Release Date 1992-09-30
Category Political Science
Total Pages 223
ISBN 0792392337
Language English, Spanish, and French
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Book Summary:

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.

Title The Maryland State Constitution
Author Dan Friedman
Publisher Greenwood Publishing Group
Release Date 2006
Category Law
Total Pages 399
ISBN 0313320446
Language English, Spanish, and French
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Book Summary:

This volume provides a clear and succinct analysis of the history and interpretation of each provision of the Maryland state constitution and declaration of rights.

Endangered Species Act by William Robert Irvin

Title Endangered Species Act
Author William Robert Irvin
Publisher American Bar Association
Release Date 2010
Category Law
Total Pages 435
ISBN 1604425806
Language English, Spanish, and French
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Book Summary:

"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior "In January 1973, when i introduced in Congress the bill that would become the Endangered Species Act, I described it as one of the most important pieces of legislation needed if we were to conserve, protect, and propagate our thereatened fish and our wildlife resources, which were diminishing too rapidly. I am proud to have introduced the original bill and even prouder that, in the ensuing years, the Endangered Species Act has saved hundreds of species from extinction. We have learned much along the way about the conservation of endangered species, the needs of the regulated community, and how the Endangered Species Act can successfully reconcile the two. It is important that we have a comprehensive understanding of the problems and potential of this landmark law."---John D. Dingell, U.S. House of Representatives, Michigan "Possibly the single most effective legislative effort of modern times to ensure that our children and grandchildren can enjoy the blessings of nature that were passed on to our generation was the enactment of the landmark Endangered Species Act (ESA) in 1973. The ESA has allowed the United States to make great advances in protecting the web of life that enables the intricate coexistence of man, plant, and animal. In my role as Chairman of the House Committee on Natural Resources, I recognize the role of the Endangered Species Act in helping us to fulfill our stewardship responsibilities while balancing local concerns and economic needs. Understanding how the ESA works is essential to its continued success."---Nick J. Rahall, II, U.S. House of Representatives, West Virginia "After a lifetime of studying, writing about, and being amazed by the diversity of life, I remain convinced that failing to do everything we can to protect it is the folly future generations are least likely to forgive us. The Endangered Species Act is one of the most far-sighted and important laws ever adopted. A thorough understanding of how the law works, the major policy issues surrounding it, and how to resolve those issues will ensure the law's continued success in protecting biodiversity. Endangered Species Act: Law, Policy, and Perspectives provides readers with the needed insight to this critically important law."---Edward O. Wilson, University Research Professor Emeritus at Harvard University and Honorary Curator in Entomology at the Museum of Comparative Zoology

Wetlands Law And Policy by Kim Diana Connolly

Title Wetlands Law and Policy
Author Kim Diana Connolly
Publisher American Bar Association
Release Date 2005
Category Law
Total Pages 528
ISBN 1590312864
Language English, Spanish, and French
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Book Summary:

Focusing on the Clean Water Act's Section 404 permitting program, this comprehensive analysis of the government's evolving role in protecting wetlands covers the scientific, social, and legal implications of Section 404, and includes chapters detailing wetlands ecology, the states' role in implementing these policies, takings issues, judicial review, and agricultural programs.

Title The International Law on Foreign Investment
Author M. Sornarajah
Publisher Cambridge University Press
Release Date 2010-05-06
Category Law
Total Pages 524
ISBN 9780521763271
Language English, Spanish, and French
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Book Summary:

This book is a thought-provoking and authoritative text on this fast moving field of international law.

Takings by David L. Callies

Title Takings
Author David L. Callies
Publisher Section of State & Local Government Law
Release Date 1996
Category Compensation (Law)
Total Pages 353
ISBN STANFORD:36105061811563
Language English, Spanish, and French
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Book Summary: