The Eminent Domain Revolt: Changing Perceptions in a New Constitutional EpochAlgora Publishing, 2007 - 269 σελίδες Ryskamp provides an up-to-the-minute report on the law and politics of eminent domain after the Supreme Court's (in)famous Kelo v. New London decision of June of 2005. All the states are just beginning to debate reforming their eminent domain laws, and there is nothing whatsoever on the market which would give them a clue as to how to frame the debate. Legislators are bewildered as to how to proceed. In the famous Lindsey v. Normet Supreme Court case, 405 US 56 (1972), the Court found there was no right to housing, which is one of the reasons we are in the midst of this eminent domain controversy now. However, the Court made it clear that it was simply the argument which was not convincing, not that such a right could not be found. This book presents, among other things, a new housing right argument which has not previously been used. However, the dominant theme of the book is precisely the unsettled nature of the law and facts of this controversy. Readers need to inform themselves and think for themselves. In an area in which public opinion will determine much of the outcome, there are no experts eOCoand public opinion is just beginning to form. This book is for everyoneeOCofrom lawyers to planners to legislators to the lay publiceOCowho is interested in the eminent domain issue as it plays out in state legislatures, debates and crises around the country. This issue is in newspapers on a daily or weekly basis now. The system simply cannot resolve it. Legal scholars may disagree about Ryskamp's location of the right to housing (under Fifth Amendment Due Process), but the book will convince many readers that we have to start working to understand the legal principles involved in this controversy." |
Περιεχόμενα
| 1 | |
| 9 | |
| 11 | |
Chapter 2 Kelo and Its Discontents | 65 |
Chapter 3 The New Bill of Rights as Law | 123 |
Chapter 4 The New Bill of Rights as Fact | 167 |
Chapter 5 The Early Days of the New Bill of Rights | 201 |
Conclusion | 251 |
| 261 | |
| 265 | |
Άλλες εκδόσεις - Προβολή όλων
The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch John Ryskamp Περιορισμένη προεπισκόπηση - 2007 |
The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch John Ryskamp Περιορισμένη προεπισκόπηση - 2007 |
Συχνά εμφανιζόμενοι όροι και φράσεις
analysis archived articulate attorney Bensenville Bill of Rights blight condemnation Connecticut Constitutional epoch context corridors County direct scrutiny doctrine due process economic development eminent domain eminent domain action eminent domain powers eminent domain reform enforcement entity equal protection exercise Federal Fifth Amendment financing Fort Trumbull Fourth Amendment government purpose hoc facts homeowners homes indicia indicium individual Institute for Justice intermediate scrutiny involuntary deprivation involved issue judiciary Kelo decision land Lawrence legislation legislature level of scrutiny liberty litigation London maintenance Marbury ment minimum scrutiny municipal neighborhood nent domain NLDC Novus O'Hare officials Pfizer plaintiffs political system private development private property property owners property rights proposed public opinion question residents respect Riviera Beach scrutiny continuum scrutiny for housing scrutiny regime simply strict scrutiny Supreme Court tion Trans-Texas Corridor vindicate violation West Coast Hotel zoning
Δημοφιλή αποσπάσματα
Σελίδα 13 - The right to earn enough to provide adequate food and clothing and recreation; The right of every farmer to raise and sell his products at a return which will give him and his family a decent living...