2 edition of Takings law found in the catalog.
by New Jersey Institute for Continuing Legal Education in New Brunswick, N.J
Written in English
|Statement||moderator, Lewis Goldshore; speakers, Stephen E. Brower ... [et al.].|
|LC Classifications||IN PROCESS|
|The Physical Object|
|Pagination||162 p. ;|
|Number of Pages||162|
|LC Control Number||95102002|
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William Fischel argues that the issue of takings is not so much about the details of property law as it is about the fairness of politics. The book employs jurisprudential theories, economic analysis, historical investigation, and political science to show why local land use regulations, such as zoning and rent control, deserve a higher degree of judicial scrutiny than national regulations.
The thick literature on takings law tends to fall into rather predictable and quite disappointing camps. Libertarian authors maintain that compensation should be required each time the takings' impact on the owner is disproportionate to the burden, if any, carried by other beneficiaries of the intended public use of the public action at : Hanoch Dagan.
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Historical records show that what the drafters of the Bill of Rights had in mind when they adopted the "just compensation" or "takings" clause was to permit the government to take private property for public use -- for example, land needed for a public highway -- but only upon payment of compensation.
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