Property Rights and the Constitution: Shaping Society Through Land Use Regulation
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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Why Land Use Rights?
Land Use and Culture
The Demise of Landowner Rights
LANDOWNER RIGHTS IN STATE AND NATION
Cultural Conflict in Pennsylvania and New Jersey
California Where Deference Reigns Supreme
The United States Supreme Court Hesitant Steps toward the Protection of Landowner Rights
THE FUTURE OF LANDOWNER RIGHTS AND REGULATION
Feudalism and Liberalism
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