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

Author:   Dennis J. Coyle
Publisher:   State University of New York Press
ISBN:  

9780791414446


Pages:   382
Publication Date:   01 July 1993
Format:   Paperback
Availability:   In Print   Availability explained
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Property Rights and the Constitution: Shaping Society Through Land Use Regulation


Overview

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.

Full Product Details

Author:   Dennis J. Coyle
Publisher:   State University of New York Press
Imprint:   State University of New York Press
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.553kg
ISBN:  

9780791414446


ISBN 10:   0791414442
Pages:   382
Publication Date:   01 July 1993
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Tables Acknowledgments Part I: Landowner Rights and Political Culture 1. Why Land Use Rights? 2. Land Use and Culture 3. The Demise of Landowner Rights Part II: Landowner Rights in State and Nation 4. Cultural Conflict in Pennsylvania and New Jersey 5. California: Where Deference Reigns Supreme 6. The United States Supreme Court: Hesitant Steps toward the Protection of Landowner Rights Part III: The Future of Landowner Rights and Regulation 7. Feudalism and Liberalism 8. Land, Culture, and the Constitution Part IV: Appendixes A. Pennsylvania Supreme Court Constitutional Land Use Cases and New Jersey Exclusionary Cases B. California Supreme Court Constitutional Land Use Cases C. United States Supreme Court Constitutional Land Use Cases Notes Bibliography Index

Reviews

"""Coyle focuses attention on two much-neglected elements in discussions of property rights under the Constitution: How capacious is the concept of property rights, and what is going on in the state courts regarding property rights broadly conceived. He has done a splendid job of selecting the state court jurisdictions to be examined, focusing on three leading jurisdictions that other high courts follow and that depart from each other in judicial philosophy with respect to property rights. This one is a winner!"" - Ellen Frankel Paul, Deputy Director of the Social Philosophy and Policy Center, Bowling Green State University ""This is one of a very few studies on the subject and is distinguished by its combination of detailed legal scholarship and theoretical depth."" - John N. Gray, Fellow of Jesus College, Oxford University"


Coyle focuses attention on two much-neglected elements in discussions of property rights under the Constitution: How capacious is the concept of property rights, and what is going on in the state courts regarding property rights broadly conceived. He has done a splendid job of selecting the state court jurisdictions to be examined, focusing on three leading jurisdictions that other high courts follow and that depart from each other in judicial philosophy with respect to property rights. This one is a winner! - Ellen Frankel Paul, Deputy Director of the Social Philosophy and Policy Center, Bowling Green State University This is one of a very few studies on the subject and is distinguished by its combination of detailed legal scholarship and theoretical depth. - John N. Gray, Fellow of Jesus College, Oxford University


Author Information

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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