Takings Law and the Supreme Court: Judicial Oversight of the Regulatory State's Acquisition, Use, and Control of Private PropertyP. Lang, 1998 - 177 pages The Takings Clause of the 5th amendment to the U.S. Constitution has emerged as the principal means of protecting private property from governmental interference, regulation, and takings. Dealing with the post-Civil War history and interpretation of regulatory takings law as applied to land use cases, the author takes a critical look at the Supreme Court's standards for evaluating land use cases. Takings Law and the Supreme Court uses an interdisciplinary approach to evaluate utilitarian, postmodernist, moral, environmental and common law, formalist, liberal, as well as conservative efforts to understand the taking of private property. |
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Page 22
... Harlan read the takings clause literally . He said that no compensation was due because there was no physical taking ... Harlan's interpretation is that the word " take " is read literally.24 The second thing to notice is that Justice ...
... Harlan read the takings clause literally . He said that no compensation was due because there was no physical taking ... Harlan's interpretation is that the word " take " is read literally.24 The second thing to notice is that Justice ...
Page 31
... Harlan's thinking about " kinds " of property into a quantitative ( or " degree " ) of interference standard . The ... Harlan's literal interpretation of property takings with a utilitarian - pragmatic approach.7 Justice Harlan ...
... Harlan's thinking about " kinds " of property into a quantitative ( or " degree " ) of interference standard . The ... Harlan's literal interpretation of property takings with a utilitarian - pragmatic approach.7 Justice Harlan ...
Page 67
... Harlan's approach to takings law was formalistic . By the term " formalism , " Harlan is understood to be taking a literal reading of the text of the Constitution . This approach is best represented by Mugler v . Kansas . A nuisance is ...
... Harlan's approach to takings law was formalistic . By the term " formalism , " Harlan is understood to be taking a literal reading of the text of the Constitution . This approach is best represented by Mugler v . Kansas . A nuisance is ...
Contents
ORIGIN OF THE TAKINGS CLAUSE | 11 |
THE SHAPING OF THE AMERICAN STATE | 17 |
X | 25 |
Copyright | |
10 other sections not shown
Other editions - View all
Takings Law and the Supreme Court: Judicial Oversight of the Regulatory ... George Skouras No preview available - 2000 |
Common terms and phrases
American analysis approach to takings argued balancing tests basically believes bundle of rights chapter Chicago School claims common law compensation award Conception of Property condemnation Constitution Costonis's costs dissent doctrine economic eminent domain Epstein Federal government Fischel Goldblatt Harlan individual interference interpretation judicial review Justice Holmes land use issues land use law land use problems Law Review legislative legislature liberty of contract limit Lucas McGinley Michelman Minda Monogahela moral Mugler Munn Nectow nineteenth century Nollan nuisance ordinance ownership Paul Penn Central Pennsylvania Coal Pennsylvania Coal Co Peterson philosophers physical invasion police power political predictability principles private property property owners property rights question Radin reading reciprocity of advantage regulation Regulatory Takings Rose-Ackerman rules Sachman social substantive due process Sunstein Supreme Court takings clause takings issues takings jurisprudence takings law takings problems theorists theory tradition University Press utilitarian York zoning law