Property Rights and the Constitution: Shaping Society Through Land Use Regulation

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SUNY Press, 1993 - Law - 382 pages
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Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.
 

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Contents

Why Land Use Rights?
3
Land Use and Culture
19
The Demise of Landowner Rights
40
LANDOWNER RIGHTS IN STATE AND NATION
51
Cultural Conflict in Pennsylvania and New Jersey
53
California Where Deference Reigns Supreme
112
The United States Supreme Court Hesitant Steps toward the Protection of Landowner Rights
166
THE FUTURE OF LANDOWNER RIGHTS AND REGULATION
211
Land Culture and the Constitution
238
APPENDIXES
263
Pennsylvania Supreme Court Constitutional Land Use Cases and New Jersey Exclusionary Cases
265
California Supreme Court Constitutional Land Use Cases
268
United States Supreme Court Constitutional Land Use Cases
271
Notes
275
Bibliography
351
Index
375

Feudalism and Liberalism
213

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About the author (1993)

Dennis J. Coyle is Assistant Professor of Politics at The Catholic University of America. He has been a newspaper editor, reporter, and editorial writer, and has published commentaries in The Washington Post, The Baltimore Sun, and The Oakland Tribune.

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