Eminent Domain

Author: Iljoong Kim
Publisher: Cambridge University Press
ISBN: 1316828670
Format: PDF
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The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

Eminent Domain

Author: Iljoong Kim
Publisher: Cambridge University Press
ISBN: 1107177294
Format: PDF, Mobi
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A collection of essays that examines the use and abuse of eminent domain across the world.

Takings International

Author: R. Alterman
Publisher: American Bar Association
ISBN: 9781604425505
Format: PDF, ePub
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This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

Private Property Community Development and Eminent Domain

Author: Robin Paul Malloy
Publisher: Routledge
ISBN: 1317075668
Format: PDF, Docs
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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022645682X
Format: PDF, Kindle
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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Eminent Domain Taking law from an economic perspective Hans Bernd Schafer 2 Eminent domain in the United States Ilya Somain 3 Direct expropriation the multi layered legal protection in Europe Anne van Aaken 4 Eminent domain law in Taiwan new law old practice Yun chien Chang 5 Compulsory land acquisition in developing countries shifting paradigm or entrenched legacy Jonathan Lindsay Klaus Deininger and Thea Hilhorst 6 Public interest criteria and Korea s scrutiny system Hojun Lee 7 Who exercises the eminent domain power in Korea with focus on private takings Iljoong Kim 8 Just compensation in eminent domain in Korea from the perspective of fairness Byungkoo Cho 9 Overall due process in takings in Korea Kisang Jung 10 Distribution of development surplus in takings Sungkyu Park 11 Takings disputes and resolutions in Korea a quantitative review Duol Kim

Author: Iljoong Kim
Publisher:
ISBN: 9781316831311
Format: PDF, Kindle
Download Now
The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

History of Concepts

Author: Iain Hampsher-Monk
Publisher: Amsterdam University Press
ISBN: 9789053563069
Format: PDF, Kindle
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Hoewel enorm invloedrijk in Duitstalig Europa, heeft de conceptuele geschiedschrijving (Begriffsgeschichte) tot nu toe weinig aandacht in het Engels gekregen. Dit genre van intellectuele geschiedschrijving verschilt van zowel de Franse geschiedschrijving van mentalités als de Engelstalige geschiedschrijving van verhandelingen door het concept. Aan de hand van practische voorbeelden in de geschiedschrijving wordt deze vorm toegelicht door Bram Kempers, Eddy de Jongh en Rolf Reichardt.

The Oxford Handbook of the Indian Constitution

Author: Sujit Choudhry
Publisher: Oxford University Press
ISBN: 0191058629
Format: PDF, Kindle
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The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.

Orientalism

Author: Edward W. Said
Publisher: Vintage
ISBN: 0804153868
Format: PDF, Kindle
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More than three decades after its first publication, Edward Said's groundbreaking critique of the West's historical, cultural, and political perceptions of the East has become a modern classic. In this wide-ranging, intellectually vigorous study, Said traces the origins of "orientalism" to the centuries-long period during which Europe dominated the Middle and Near East and, from its position of power, defined "the orient" simply as "other than" the occident. This entrenched view continues to dominate western ideas and, because it does not allow the East to represent itself, prevents true understanding. Essential, and still eye-opening, Orientalism remains one of the most important books written about our divided world. From the Trade Paperback edition.

Comparative Law and Economics

Author: the late Theodore Eisenberg
Publisher: Edward Elgar Publishing
ISBN: 0857932586
Format: PDF, ePub, Docs
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Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.