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Private Property, Community Development, and Eminent Domain (Hardcover, New Ed)
Loot Price: R4,368
Discovery Miles 43 680
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Private Property, Community Development, and Eminent Domain (Hardcover, New Ed)
Series: Law, Property and Society
Expected to ship within 12 - 17 working days
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The contributors in this volume address the fundamental
relationship between the state and its citizens, and among the
people themselves. Discussion centers on a recent decision by the
United States Supreme Court in the case of Kelo v. City of New
London. This case involved the use of eminent domain power to
acquire private property for purposes of transferring it by the
State to another private party that would make "better" economic
use of the land. This type of state action has been identified as
an "economic development taking". In the Kelo case, the Court held
that the action was legal within provisions of the US Constitution
but the opinion was contentious among some of the Justices and has
been met with significant negative outcry from the public. The Kelo
case and the public debate arising in its aftermath give cause to
assess the legal landscape related to the ability of government to
fairly balance the tension between private property and the public
interest. The tension and the need to successfully strike a balance
are not unique to any one country or any one political system. From
the United States to the United Kingdom, to the People's Republic
of China, property and its legal regulation are of prime importance
to matters of economic development and civic institution building.
The Kelo decision, therefore, explores a rich set of legal
principles with broad applicability.
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