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Author: Robert Meltz
Publisher: Island Press
ISBN: 9781597263283
Category : Law
Languages : en
Pages : 626
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Book Description
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.
Author: Robert Meltz
Publisher: Island Press
ISBN: 9781597263283
Category : Law
Languages : en
Pages : 626
Get Book
Book Description
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.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
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Book Description
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.
Author: Baruch A. Brody MD
Publisher: Georgetown University Press
ISBN: 9781589014183
Category : Medical
Languages : en
Pages : 308
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Book Description
A pioneer in the theory of pluralistic casuistry, the idea that there are almost as many facets to moral choices as there are cases that call for choices, Baruch Brody takes issue with conventional bioethical wisdom and challenges the rigid principalism of contemporary bioethics. His views have been seen as controversial, but they are firmly held, and convincingly argued—all of which have led him to be one of the most widely discussed and highly admired bioethicists of our time. He argues for the fundamental distinction between active and passive euthanasia, for a need to reconceptualize approaches to brain death, and for the right of providers to unilaterally discontinue life support. He shows support for the waiving of the requirement of informed consent for some research, for the widespread use of animals in research, and for the use of placebos in many international clinical trials. When it comes to morality as it is practiced in medicine, Brody makes clear that the ethical issues are never as simple as black and white—that there are myriad factors and fine nuances that can and should challenge decision making as it is commonly practiced in difficult medical cases. In this collection, delving thoughtfully and systematically into methodology, research ethics, clinical ethics, and Jewish medical ethics, he tackles thorny life-and-death questions head-on and fearlessly. He casts a light into all the corners of end-of-life decisions—a field in which he has exemplary credentials—while illuminating a new understanding of morality and ethics. The introduction outlines Brody's approach, defines the terminology used, and contrasts his ethical positions with much of the competing literature. Taking Issue will be invaluable to students and scholars in medical ethics, bioethics, and philosophy of medicine.
Author: Glenn Koonce
Publisher: McGraw-Hill Education
ISBN: 9781259341335
Category : Education
Languages : en
Pages : 0
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Book Description
The Taking Sides Collection on McGraw-Hill CreateTM includes current controversial issues in a debate-style format designed to stimulate student interest and develop critical thinking skills. This Collection contains a multitude of current and classic issues to enhance and customize your course. You can browse the entire Taking Sides Collection on Create, or you can search by topic, author, or keywords. Each Taking Sides issues is thoughtfully framed with Learning Outcomes, an Issue Summary, an Introduction, and an Exploring the Issue section featuring Critical Thinking and Reflection, Is There Common Ground?, and Additional Resources and Internet References. Go to McGraw-Hill CreateTM at www.mcgrawhillcreate.com, click on the "Collections" tab, and select The Taking Sides Collection to browse the entire Collection. Select individual Taking Sides issues to enhance your course, or access and select the entire Koonce: Taking Sides: Clashing Views on Educational Issues, 18/e Expanded ExpressBook for an easy, pre-built teaching resource by clicking here. An online Instructor’s Resource Guide with testing material is available for this Taking Sides volume. Visit the Create Central Online Learning Center at www.mhhe.com/createcentral for more details.
Author: Fred P. Bosselman
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 358
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Book Description
A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners.
Author: Council on Environmental Quality (U.S.)
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 376
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Book Description
Author: James E. Harf
Publisher: Dushkin/McGraw-Hill
ISBN: 9780073111636
Category : Global environmental change
Languages : en
Pages : 0
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Book Description
The Taking Sides series is a debate-style reader designed to introduce students to current global controversies and world issues. The readings, which represent the arguments of leading political scientists, social commentators, and experts in the field, reflect a variety of viewpoints, and are presented in pro/con format. Dushkin Online is a student Web site designed to support Taking Sides titles. (www.dushkin.com/online/).
Author: M. Ethan Katsh
Publisher: McGraw-Hill/Dushkin
ISBN:
Category : Law
Languages : en
Pages : 412
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Book Description
This twelfth edition of Taking Sides: Legal Issues presents current controversial issues in a debate-style format. Each issue is framed with an issue summary, an issue introduction, and a postscript. An instructor's manual with testing material is available for each volume. A general guidebook, Using Taking Sides in the Classroom, which discusses methods and techniques for integrating the pro-con approach into a classroom setting, is also available.
Author: Megan Crawford
Publisher: Psychology Press
ISBN: 9780415196673
Category : Education
Languages : en
Pages : 274
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Book Description
This OU Reader looks at how guidance and counselling in the context of learning is developing. It focuses on the different types of guidance and counselling in learning available to students and practitioners alike.
Author: William P. Cunningham
Publisher: McGraw-Hill Science, Engineering & Mathematics
ISBN: 9780077270643
Category : Environmental sciences
Languages : en
Pages : 450
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Book Description
A discussion of how science can help us find solutions for important environmental issues. Each chapter starts with an opening vignette of an environmental problem showing the principles to be presented in the text.
