The Right to Own Property: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, First Session, on S. 605, a Bill to Establish a Uniform and More Efficient Federal Process for Protecting Property Owners' Rights Guaranteed by the Fifth Amendment, Washington, DC; Salt Lake City, UT; and Washington, DC, April 6, July 3, and October 18, 1995, 4. sējums
U.S. Government Printing Office, 1996 - 402 lappuses
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54. lappuse - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.
54. lappuse - ... a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; b) contrary to constitutional right, power, privilege, or immunity; c) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
54. lappuse - ... unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof as may be cited by any party, and due account shall be taken of the rule of prejudicial error.
65. lappuse - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
273. lappuse - Interior, in carrying out the provisions of this act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof...
60. lappuse - Court, quite simply, has been unable to develop any "set formula" for determining when "justice and fairness" require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons.
386. lappuse - Penn Central Transp. Co. v. City of New York, 438 US 104 (1978) and Benenson v.
191. lappuse - There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word 'nuisance.
7. lappuse - Court has described the purpose of this clause in the following terms; "[The] Fifth Amendment's guarantee that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.