Private Property and Public Power
Title | Private Property and Public Power PDF eBook |
Author | Debbie Becher |
Publisher | Oxford University Press |
Pages | 361 |
Release | 2014-08-12 |
Genre | Social Science |
ISBN | 0199322562 |
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.
Public Property and Private Power
Title | Public Property and Private Power PDF eBook |
Author | Hendrik Hartog |
Publisher | Cornell University Press |
Pages | 291 |
Release | 2018-08-06 |
Genre | History |
ISBN | 1501732471 |
No detailed description available for "Public Property and Private Power".
Takings
Title | Takings PDF eBook |
Author | Richard A. Epstein |
Publisher | Harvard University Press |
Pages | 377 |
Release | 2009-07-01 |
Genre | Law |
ISBN | 0674036557 |
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.
Private Power, Public Law
Title | Private Power, Public Law PDF eBook |
Author | Susan K. Sell |
Publisher | Cambridge University Press |
Pages | 244 |
Release | 2003 |
Genre | Business & Economics |
ISBN | 9780521525398 |
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Private Property and Public Power
Title | Private Property and Public Power PDF eBook |
Author | Deborah Lynn Becher |
Publisher | Oxford University Press, USA |
Pages | 361 |
Release | 2014 |
Genre | Business & Economics |
ISBN | 0199322554 |
This volume explores the legitimacy of government involvement in private economic actions by presenting a study of property takings. In the first comprehensive study of a city's eminent-domain acquisitions, Debbie Becher explores which properties Philadelphia pursued for private redevelopment and how stakeholders decided that government actions were either a use or abuse of power.
Private Property and Public Power
Title | Private Property and Public Power PDF eBook |
Author | Deborah Lynn Becher |
Publisher | |
Pages | 333 |
Release | 2014 |
Genre | City planning |
ISBN | 9780199394746 |
This volume explores the legitimacy of government involvement in private economic actions by presenting a study of property takings. In the first comprehensive study of a city's eminent-domain acquisitions, Debbie Becher explores which properties Philadelphia pursued for private redevelopment and how stakeholders decided that government actions were either a use or abuse of power.
The Idea of Property
Title | The Idea of Property PDF eBook |
Author | Laura S. Underkuffler |
Publisher | Oxford University Press, USA |
Pages | 216 |
Release | 2003 |
Genre | Language Arts & Disciplines |
ISBN | 9780199254187 |
Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.