Law of Property Rights Protection, 2nd EditionWolters Kluwer, 2018 M11 14 Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interestsUsing Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522 |
Contenido
Chapter | 1-1 |
Chapter | 1-7 |
PART II | 1-12 |
LIMITS ON LEGISLATIVE INTERFERENCE WITH PRIVATE | 1-43 |
Chapter 3 | 2-3 |
Chapter 12 | 2-12 |
EXTRACONSTITUTIONAL PROPERTY PROTECTIVE | 3-1 |
Chapter 2 | 3-66 |
Chapter 4 | 14-4 |
Chapter 13 | 14-13 |
Chapter 15 | 15-1 |
Chapter 16 | 16-1 |
Chapter 20 | 16-20 |
Chapter 17 | 17-1 |
Chapter 6 | 17-6 |
LIMITING THE LEGAL STATURE OF PRIVATE PROPERTY | 17-93 |
See e g Village of Willowbrook v Olech 120 S Ct 1073 2000 City of Monterey | 5-15 |
Affect Private Property | 7-1 |
PART IV | IE-1 |
Chapter 8 | IE-8 |
Chapter 10 | 9-10 |
B When Can the Government Defeat a Takings Claim? | 12-1 |
Expectations | 12-31 |
REMEDIES UNDER THE CIVIL RIGHTS ACTS | 19-1 |
20-1 | |
THE PUBLIC USE REQUIREMENT | 20-13 |
Bibliography of Articles | 20-25 |
Table of Cases | TW-1 |
IW-1 | |
Otras ediciones - Ver todas
Law of Property Rights Protection: Limitations on Governmental Powers Jan Laitos Vista previa limitada - 1998 |
Law of Property Rights Protection: Limitations on Governmental Powers Jan Laitos Sin vista previa disponible - 1998 |