Takings

Released on by Richard A. Epstein
preview-18

  • Takings Book Detail

  • Author : Richard A. Epstein
  • Release Date : 2009-07-01
  • Publisher : Harvard University Press
  • Genre : Law
  • Pages : 377
  • ISBN 13 : 0674036557
  • File Size : 68,68 MB
DOWNLOAD BOOK

Takings by Richard A. Epstein PDF Summary

Book Description: 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.

Disclaimer: www.yourbookbest.com does not own Takings books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Takings

Takings

File Size : 31,31 MB
Total View : 6554 Views
DOWNLOAD

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

Private Property and Takings Compensation

Private Property and Takings Compensation

File Size : 42,42 MB
Total View : 1579 Views
DOWNLOAD

This innovative volume offers a thorough breakdown of the issues surrounding takings compensation - payments made as reimbursement for government takeover of pr

Taking Property and Just Compensation

Taking Property and Just Compensation

File Size : 10,10 MB
Total View : 4319 Views
DOWNLOAD

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that con

Private Property and Takings Compensation

Private Property and Takings Compensation

File Size : 69,69 MB
Total View : 6726 Views
DOWNLOAD

'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's anal

The Economics of Eminent Domain

The Economics of Eminent Domain

File Size : 22,22 MB
Total View : 4240 Views
DOWNLOAD

The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a b