Eminent Domain
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Recent papers in Eminent Domain
Abstract. The Amhara National Regional State similar to other regional states of the country has faced enormous economic and social problems. The question of housing and other real estate construction for high population pressure, the... more
The Indian state has used the colonial Land Acquisition Act (LAA 1894) for acquiring land even without people's consent in the name of 'public purpose' and on payment of compensation, until it got repealed by the new LARR 2013. The LAA... more
As the conflict over land assumes a central dynamic within the “growing Indian economy”, forcible acquisition, or the state’s power of eminent domain, is critical to various political and economic calculations. This paper discusses the... more
I have translated the newly enacted স্থাবর সম্পত্তি অধিগ্রহণ ও হুকুমদখল আইন, ২০১৭ into english. It might be helpful for people interested in the land law of Bangladesh.
The historical lines of the conflictual relationship , among the public management of the aqueducts, aimed to the control of the water concessions and the defense of the structures are examined, and the private practices who would’nt... more
Abstract: The Jordan Gate Towers of Amman, a luxury development, provides a case study of forms of planning practice undertaken as part of neoliberal processes in a city aspiring for regional relevance, well timed with the receipt of... more
This Petition to the United States Supreme Court exposes the fraud of local governance corrupts the ideals upon which the United States was allegedly founded. Fundamental cornerstones of our democratic republic are the rights to property... more
Several US counties and local governments have recently considered a novel solution to the foreclosure crisis. They plan to use eminent domain to compel the owners of mortgage debt––and specifically of private-label mortgage-backed... more
Expropriation of farmland by the state is an emerging global phenomenon,although in Indian Anthropology studies combining fieldwork and archivaldata on land grab by the government are rare. The combination of the anthropological fieldwork... more
The power of eminent domain to take property has been used historically for a recognized public use, such as schools, parks, and other government infrastructure. However, since the 2005 Supreme Court decision in Kelo v. City of New... more
פסק הדין שהתקבל באחרונה בבית המשפט העליון בעניין סבח, העוסק בתוקפו המשפטי של החוק לתיקון פקודת האגודות השיתופיות (מס' 8), ממחיש את הכשל המתמשך המאפיין את התמודדותו של המשפט הישראלי עם קהילות מגורים. במובן זה פסק הדין אינו אלא חוליה נוספת... more
Over the course of American history, state courts have eliminated property rights in waterways through a quirk of public trust law: declaring the water in question to be “navigable” makes it public property, while declaring it... more
The use of expropriation for the benefit of private subjects is a well-known practice in Comparative Law, where it has raised a relevant constitutional debate. This study examines the terms in which such debate has been developed in... more
Con ocasión de la dictación de la Ley Nº 20.791, el texto revisa la nueva regulación de las declaratorias de utilidad pública, así como la reposición de aquellas que caducaron conforme a las leyes Nº 19.939 y 20.331. Se señala que la... more
The State regulates property rights in exercising its police powers. One of the main objectives that the State seeks to achieve when exercising this power is environmental conservation. This paper discusses the importance of police power,... more
In this paper, we model and examine the effects of two salient features of the eminent domain law and its use. First, the compensation is less than 'full'. Second, the government is not a perfect agent of the society. Once these features... more
See how a family suffer because of eminent domain, and how they make there way out.
Taking over possession of private land by the Government through the use of the power of the eminent domain of the state for the economic development has become one of the most burning issues all over the world. While the international... more
This article examines the time period around the United States Supreme Court Penn Central "takings" decision in the 1978, and includes the transcript of a speech by New York State Court of Appeals Judge Charles D. Breitel explaining the... more
In this booklet the authors described in a lucid language the essential features of the colonial Land Acquisition Law with its strenghts and weaknesses.The booklet also provides a good guide for the activists who protests against unjust... more
This Article argues that individuals who live in highly cooperative common interest communities should— in certain instances— be entitled to additional compensation or other remedies when their property is taken through eminent domain.... more
Eminent domain mediation is a process through which a neutral mediator assists a condemning authority—for example, a local government—and a landowner to reach a settlement agreement that each finds acceptable. Our experience with... more
Compensation for expropriation in most western jurisdictions aims to provide justice. Yet, while this quest for justice is inherent in expropriation laws, they nevertheless say little, if any, about the underlying conception of justice or... more
The consensus of this article is to illustrate the conversion process of Chinese peoples in todays society. I will delve into the details of the do's and why's of this phenomenon.
This Article examines the significance of the New Jersey Supreme Court’s decision in Gallenthin Realty Development, Inc. v. Paulsboro for redevelopment and property rights in New Jersey. It suggests that Gallenthin has resulted in... more
Expropriation simultaneously mobi- lizes state power and private property. When analyzed, expropriation brings about the chan- ce to explore the transformations of contempo- rary states in the context of globalization. An overview of... more
The power of eminent domain is not absolute as several extant laws limit the same to protect tribal land and forest.
Nineteenth century features the supremacy of the administrative state and the absolutized conception of property, expressing liberalism. By then, lawyers thought of expropriation as a clash between these two values. However, in early... more
Before 1539, highway improvement in England and Wales (other than the clearance of illegal obstructions) was achieved only by crown licence following a satisfactory inquisition ad quod damnum. Magna Carta chapter 39 recorded that ‘that no... more
The enforcement of China’s new takings law has failed. In the unbalanced tug-of-war between individual homeowners and deep pocketed developers, the government sided with the latter by changing zoning plans to fit commercial development,... more
Este texto aborda la concepción de la propiedad republicana-jeffersoniana y defiende que el principio político-filosófico que subyace a la misma es el del pacto fiduciario. Para ello se exponen las características de las relaciones... more
Este texto aborda la concepción de la propiedad republicana-jeffersoniana defendiendo que el principio político-filosófico que subyace a la misma es el del pacto fiduciario. Para ello se define primero la naturaleza de las relaciones... more
It is on the grounds of ‘eminent domain’ and in the context of the great urban transform- ations that the city of New York underwent through the twentieth century that so much cri- ticism is launched at urban actors such as Robert Moses.... more
Taking over possession of private land by the Government through the use of power of the eminent domain of the state for economic development has become one of the most burning issues all over the world. While the international... more
Homeownership is in crisis. Millions of families are at risk of foreclosure as they are caught between declining housing values and rising interest payments on adjustable-rate mortgages. The primary concern for such families is not that... more