Public Property and Private Power

Public Property and Private Power
Author: Hendrik Hartog
Publisher: Cornell University Press
Total Pages: 292
Release: 1989
Genre: Business & Economics
ISBN: 9780801495601

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The Public Nature of Private Property

The Public Nature of Private Property
Author: Professor Michael Diamond
Publisher: Ashgate Publishing, Ltd.
Total Pages: 275
Release: 2013-02-28
Genre: Law
ISBN: 1409497682

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What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Public Interest, Private Property

Public Interest, Private Property
Author: Anneke Smit
Publisher: UBC Press
Total Pages: 335
Release: 2015-12-15
Genre: Social Science
ISBN: 0774829346

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At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.

Private Property and Public Power

Private Property and Public Power
Author: Deborah Lynn Becher
Publisher:
Total Pages: 0
Release: 2014
Genre: Law
ISBN: 9780199322541

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News media reports on eminent domain often highlight outrage and heated protest. But these accounts, Debbie Becher finds, obscure a much more complex reality of how Americans understand property. Private Property and Public Power presents the first comprehensive study of a city's acquisitions, exploring how and why Philadelphia took properties between 1992 and 2007 for private redevelopment. Becher uses original data-collected from city offices and interviews with over a hundred residents, business owners, community leaders, government representatives, attorneys, and appraisers-to explore how eminent domain really works. Surprisingly, the city took over 4,000 private properties, and these takings rarely provoked opposition. When conflicts did arise, community residents, businesses, and politicians all appealed to a shared notion of investment to justify their arguments about policy. It is this social conception of property as an investment of value, committed over time, that government is responsible for protecting. Becher's findings stand in stark contrast to the views of libertarian and left-leaning activists and academics, but recognizing property as investment, she argues, may offer a solid foundation for more progressive urban policies.

The Public Nature of Private Property

The Public Nature of Private Property
Author: Michael Diamond
Publisher: Routledge
Total Pages: 274
Release: 2016-02-24
Genre: Law
ISBN: 1317018559

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What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Public Property, Law and Society

Public Property, Law and Society
Author: John Page
Publisher: Routledge
Total Pages: 288
Release: 2020-12-29
Genre: Law
ISBN: 1000331253

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This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may ‘own’, where we may ‘belong’, or not, and how we may ‘connect’ through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.

Police: A Field Guide

Police: A Field Guide
Author: David Correia
Publisher: Verso Books
Total Pages: 384
Release: 2018-03-13
Genre: Political Science
ISBN: 1786630133

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A radical guide to the language of policing This field guide arms activists—and indeed anyone concerned about police abuse—with critical insights that ultimately redefine the very idea of policing. When we talk about police and police reform, we speak the language of police legitimation through euphemism. So state sexual assault becomes “body-cavity search,” and ruthless beatings “non-compliance deterrence.” In entries such as “police dog,” “stop and frisk,” and “rough ride,” the authors expose the way “copspeak” suppresses the true meaning and history of law enforcement. In field guide fashion, they reveal a world hidden in plain view. The book argues that a redefined language of policing might help us chart a future that’s free. Including explanations of newsmaking terms such as “deadname,” “kettling,” and “qualified immunity,” and a foreword by leading justice advocate Craig Gilmore.

Design for Liberty

Design for Liberty
Author: Richard A. Epstein
Publisher: Harvard University Press
Total Pages: 247
Release: 2011-11-15
Genre: Law
ISBN: 0674063058

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Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Public Property and Private Power

Public Property and Private Power
Author: Hendrik Hartog
Publisher: Cornell University Press
Total Pages: 291
Release: 2018-08-06
Genre: History
ISBN: 1501732471

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The Land We Share

The Land We Share
Author: Eric T. Freyfogle
Publisher: Island Press
Total Pages: 346
Release: 2003-08-08
Genre: Law
ISBN: 9781610912402

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Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America. Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.