The Public Nature Of Private Property
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Author | : Michael Diamond |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2016-02-24 |
Genre | : Law |
ISBN | : 1317018540 |
Download The Public Nature of Private Property Book in PDF, Epub and Kindle
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.
Author | : Richard Schlatter |
Publisher | : |
Total Pages | : 296 |
Release | : 1973 |
Genre | : Law |
ISBN | : |
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Author | : Eric T. Freyfogle |
Publisher | : Island Press |
Total Pages | : 346 |
Release | : 2003-08-08 |
Genre | : Law |
ISBN | : 9781610912402 |
Download The Land We Share Book in PDF, Epub and Kindle
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.
Author | : Richard A. Epstein |
Publisher | : Routledge |
Total Pages | : 404 |
Release | : 2013-10-08 |
Genre | : Law |
ISBN | : 1136765603 |
Download Private and Common Property Book in PDF, Epub and Kindle
First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.
Author | : |
Publisher | : Hoover Press |
Total Pages | : 36 |
Release | : |
Genre | : Right of property |
ISBN | : 9780817944438 |
Download The right to private property Book in PDF, Epub and Kindle
This essay argues that, contrary to widespread academic sentiments and impressions, the institution of private property rights fully accords with a sensible conception of human morality, indeed, rests on a solid moral foundation. Although the institution will forever remain vulnerable to critics like Karl Marx, the failure to respect and legally protect it has produced economic weakness across the globe.
Author | : Richard A. Epstein |
Publisher | : Harvard University Press |
Total Pages | : 377 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 0674036557 |
Download Takings Book in PDF, Epub and Kindle
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Author | : Michael Diamond |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2016-02-24 |
Genre | : Law |
ISBN | : 1317018559 |
Download The Public Nature of Private Property Book in PDF, Epub and Kindle
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.
Author | : James Huffman |
Publisher | : Springer |
Total Pages | : 230 |
Release | : 2013-12-05 |
Genre | : Law |
ISBN | : 1137376732 |
Download Private Property and the Constitution Book in PDF, Epub and Kindle
This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.
Author | : John Zenas White |
Publisher | : |
Total Pages | : 328 |
Release | : 1935 |
Genre | : Land grants |
ISBN | : |
Download Public and Private Property Book in PDF, Epub and Kindle
Author | : Daniel H. Cole |
Publisher | : Cambridge University Press |
Total Pages | : 234 |
Release | : 2002-07-18 |
Genre | : Law |
ISBN | : 9780521001090 |
Download Pollution and Property Book in PDF, Epub and Kindle
Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.