Law of Property Rights Protection: Limitations on Governmental Powers

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Aspen Publishers Online, 1998 - 1030 páginas
The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property.

The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book:

  • Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed.
  • Offers advice on how best to handle common situations
  • Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center.
Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.
 

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Contenido

Chapter
1-1
Chapter
1-3
subset of privatelyheld economic rights 6 These kinds of rights even though
1-9
Chapter 11
2-11
Owners
2-26
PART II
2-26
EXTRACONSTITUTIONAL PROPERTY PROTECTIVE
3-1
See e g Minnesota v Clover Leaf Creamery Co 449 U S 456 464 1981 Marusic Liquors
3-6
RETROACTIVITY
9-11
Chapter 5
10-5
dition Fairbanks North Star Borough v Lakeview Enterprises Inc 897 P 2d 47 Alaska 1995 suc
10-50
Chapter 9
11-9
F 3d 1432 8th Cir 1995 successful Contracts Clause challenge
11-11
Introduction to Part V
V-1
PRIVATE PROPERTY AND THE TAKINGS CLAUSE
V-9
Chapter 13
V-13

Daley 55 F 3d 258 261262 7th Cir 1995 Dodd v Hood River County 59 F 3d 852 863
3-61
PART III
3-63
Chapter 4
4-4
Chapter 7
4-7
Backed Expectations
4-11
ing Assn v Chicago 45 F 3d 1124 1129 7th Cir 1995
5-10
Chapter 12
5-12
THE PUBLIC USE REQUIREMENT
6-12
Chapter 19
6-19
Affect Private Property
6-21
Introduction to Part II
IE-1
Chapter 2
IE-8
CONSTITUTIONAL PROTECTION OF PROPERTY FROM
8-12
PART V
8-24
Rules
13-19
Chapter 15
15-1
Chapter 16
16-1
Chapter 6
16-6
tracting party reasonably relies on an authorizing regulation the government may be estopped from
16-59
PART VI
16-89
Chapter 10
17-10
REMEDIES UNDER THE CIVIL RIGHTS ACTS
18-1
DECLARATORY JUDGMENTS MANDAMUS
19-1
Bibliography of Articles
19-27
Table of Cases
TW-1
Index
IW-1
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