Right to Private Property

Overview

Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical...
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Overview

Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical and contemporary material, each Issues on Trial volume offers a wealth of information on issues currently confronting society.
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Product Details

  • ISBN-13: 9780737743456
  • Publisher: Gale Group
  • Publication date: 3/13/2009
  • Series: Issues on Trial Series
  • Pages: 240
  • Age range: 15 - 17 Years
  • Product dimensions: 5.90 (w) x 9.10 (h) x 0.60 (d)

Table of Contents

Foreword 11

Introduction 14

Chapter 1 If Land Loses All Value Due to Restrictions, the Government Must Pay Case Overview Lucas v. 19

1 The Court's Decision: The Government Must Pay Owners for Property Made Worthless by Land-Use Regulations Antonin Scalia 22

2 Dissenting Opinion: The Constitution Does Not Require Payment for Land Made Worthless by Government Regulations Harry Blackmun 31

3 The Court's Ruling Brought Regulatory Takings Under the Protection of the Fifth Amendment David Lucas 41

4 The Court's Ruling on Compensation for Land-Use Regulations May Not Help Property Owners Henry N. Butler 46

5 The Court's Ruling May Open the Way to Future Decisions That Restrict Environmental Legislation Louise A. Halper 54

Chapter 2 The Government Need Not Pay for Land if Its Use Is Temporarily Restricted Case Overview Tahoe-Sierra v. Tahoe 63

1 The Court's Decision: A Moratorium on Land Development Is Not the Same as Permanent Loss of Property Value John Paul Stevens 66

2 Dissenting Opinion: The Cost of Environmental Protection Should Be Borne by the Public at Large William Rehnquist 75

3 Temporary Moratoriums on Land Use Are Likely to Become Permanent Harold Johnson 83

4 Temporary Moratoriums on Land Use Are Essential to Community Planning Timothy J. Dowling 90

5 The Court Ignored Its Responsibility to Protect Individual Rights John C. Eastman 97

Chapter 3 Cities May Condemn Homes to Make Way for Commercial Development Case Overview Kelo et al. 103

1 The Court's Decision: Economic Development Qualifies as Public Use Under the Fifth Amendment to the Constitution John Paul Stevens 106

2 Dissenting Opinion: The Court's Decision Eliminates AnyDistinction Between Private and Public Use of Property Sandra Day O'Connor 114

3 The Taking of Private Property for Economic Development Amounts to Theft Tom DeWeese 123

4 The Power to Take Private Property for Economic Development Benefits Cities Eddie A. Perez 130

5 The Taking of Homeowners' Property for Economic Development Harms Minorities Hilary O. Shelton 138

6 Common Criticisms of the Kelo Decision Are Based on Myths Thomas W. Merrill 143

Chapter 4 Landowners Cannot Sue the Government for Harassing Them over Land Case Overview Charles Wilkie et al v. Harvey Frank Robbins 149

1 The Court's Decision: There Is No Law Under Which Landowners Can Sue the Government for Harassment David Souter 152

2 Dissenting Opinion: The Fifth Amendment Forbids Government Action Calculated to Acquire Private Property Coercively Ruth Bader Ginsburg 162

3 Allowing the Government To Be Sued by Landowners Would Affect the Performance of Officials Amber H. Rovner et al. 173

4 The Supreme Court Employs a Double Standard in Judging Individual and Government Conduct Timothy Sandefur 179

5 The Supreme Court Treats Property Rights as Less Important than Other Constitutional Rights Ilya Somin 185

Organizations to Contact 192

For Further Research 197

Index 202

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