As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike."The Takings Issue" addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issuesinvolving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.
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Inside This Book
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First Sentence:
Twelve simple words: "[N]or shall private property be taken for public use, without just compensation." Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
facial claim, inverse condemnation law, inverse condemnation litigation, inverse condemnation cases, regulatory takings litigation, relevant parcel issue, rental value method, regulatory takings cases, federal navigational servitude, private property impacts, condemnation blight, nuisance exception, regulatory takings law, federal nexus, futility exception, regulatory takings challenges, avigation easement, facial taking, regulatory takings claims, relevant property interest, inverse condemnation claim, temporary regulatory takings, billboard regulation, taking claim, wetland owner Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, New York, Penn Central, Fifth Amendment, Court of Federal Claims, First English, Ninth Circuit, Lake Tahoe, South Carolina Coastal Council, Williamson County, Florida Rock, City of Tiburon, Pennsylvania Coal, Tahoe Regional Planning Agency, Tucker Act, New Jersey, California Coastal Comm'n, Loveladies Harbor, Endangered Species Act, City of Durham, County of Los Angeles, District of Columbia, Kaiser Aetna, Keystone Bituminous Coal Ass'n, New Hampshire New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Twelve simple words: "[N]or shall private property be taken for public use, without just compensation." Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
facial claim, inverse condemnation law, inverse condemnation litigation, inverse condemnation cases, regulatory takings litigation, relevant parcel issue, rental value method, regulatory takings cases, federal navigational servitude, private property impacts, condemnation blight, nuisance exception, regulatory takings law, federal nexus, futility exception, regulatory takings challenges, avigation easement, facial taking, regulatory takings claims, relevant property interest, inverse condemnation claim, temporary regulatory takings, billboard regulation, taking claim, wetland owner Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, New York, Penn Central, Fifth Amendment, Court of Federal Claims, First English, Ninth Circuit, Lake Tahoe, South Carolina Coastal Council, Williamson County, Florida Rock, City of Tiburon, Pennsylvania Coal, Tahoe Regional Planning Agency, Tucker Act, New Jersey, California Coastal Comm'n, Loveladies Harbor, Endangered Species Act, City of Durham, County of Los Angeles, District of Columbia, Kaiser Aetna, Keystone Bituminous Coal Ass'n, New Hampshire New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
4
books
cite this book:
- Protecting the Land: Conservation Easements Past, Present, and Future by Julie Ann Gustanski in Back Matter
- Disasters and Democracy: The Politics Of Extreme Natural Events by Rutherford H. Platt in Back Matter
- Coastal Hazard Management: Lessons and Future Directions from New Jersey by Norbert P. Psuty in Back Matter
- Forest Biodiversity: (IUFRO Research Series) by Olivier Honnay on page 279
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