Property Rights

Overview

Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as ...

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Overview

Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons.

Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.

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Editorial Reviews

From the Publisher

"this is a great and easy-to-read overview of what property is; it will be a suitable addition to collections on land use, law, and property rights. Highly recommended. All levels."

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Choice

"This book provides a history of major debates concerning the constitutional status of property rights through the decisions of the United States Supreme Court. Providing a chronological sequence of topics and events, Price explains concepts and cases clearly and succinctly within the context of a historical essay…Aimed for a general audience, the book is suitable for high school, junior college, and freshman and sophomore college students in addition to the general public."

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American Reference Books Annual

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Product Details

  • ISBN-13: 9781576077689
  • Publisher: ABC-Clio, LLC
  • Publication date: 6/23/2003
  • Series: America's Freedoms Series
  • Pages: 346
  • Age range: 12 years
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.94 (d)

Table of Contents

Series Foreword
Preface and Acknowledgments
1 Introduction 1
Constitutional Protection of Property 1
Property as the "Guardian of Every Other Right" 3
Property Rights in International Context 4
Property Rights (and Responsibilities) in the United States 8
Property Clauses in the U.S. Constitution 12
Plan of the Book 15
2 Origins and Early Development 19
English Origins 21
Property Regulation in Colonial America 25
The American Revolution 27
State Constitutions and Property Rights 29
Property Protection in the U.S. Constitution 35
Property Protection in the Bill of Rights 42
Property Regulation after the Founding Period 48
Native American Lands 54
The Federal Contracts Clause and the Protection of Vested Rights 56
Slaves as Property 61
Eminent Domain in the State Courts 65
The Close of the Nineteenth Century: The Fourteenth Amendment and Incorporation 67
3 Twentieth-Century Issues and Development 75
The Rise of Substantive Due Process and Liberty of Contract 78
The Progressive Era and Labor Legislation 81
Federal Legislation during the New Deal 86
The Constitutional Revolution of 1937 87
Civil Rights at the Forefront: Carolene Products 89
The Advent of the Regulatory Takings Doctrine 92
Land-Use Planning by Local Governments 96
Environmental Legislation 101
Historic Preservation: Penn Central 103
Constitutional Protection of Private Property: Contemporary Applications 105
Property Rights Legislation 128
4 Into the Twenty-first Century: Issues and Prospects 135
What Is "Property" for Purposes of Constitutional Protection? 137
Intellectual Property: Takings Implications 140
Use of Patented Inventions by the Federal Government 144
The Inventions Secrecy Act and Federal Export Regulations 147
State Government Immunity for Patent Infringement 150
Regulatory Takings and Intellectual Property 152
Property Rights and the Human Body 155
Presumed-Consent Statutes and Due Process 158
Stem Cells and Cloning 162
Redefining Property for Community Rights: Implications for Environmental Law 166
Water and Air as Common Property 171
5 Key People, Cases, and Events 183
6 Documents 217
The U.S. Constitution: Property Clauses 217
Federalist No. 10 218
Fletcher v. Peck (1810) 222
Wynehamer v. The People (1856) 226
Lochner v. New York (1905) 230
Pennsylvania Coal v. Mahon (1922) 235
Village of Euclid v. Ambler Realty Co. (1926) 237
Penn Central Transportation Co. v. New York (1978) 243
Prune Yard Shopping Center v. Robins (1980) 249
Hawaii Housing Authority v. Midkiff (1984) 252
Nollan v. California Coastal Commission (1987) 257
Yee v. City of Escondido (1992) 260
Lucas v. South Carolina Coastal Council (1992) 265
Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002) 272
Private Property Protection Act of 1995 (Bill Proposed in the U.S. House of Representatives) 280
State Property Rights Legislation 285
Chronology 293
Table of Cases 299
Bibliography 305
Index 311
About the Author 321
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