The eminent domain revolt : changing perceptions in a new constitutional epoch (eBook, 2007) [WorldCat.org]
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The eminent domain revolt : changing perceptions in a new constitutional epoch

Author: John Ryskamp
Publisher: New York : Algora Pub., ©2007.
Edition/Format:   eBook : Document : EnglishView all editions and formats
Summary:
Ryskamp provides an up-to-the-minute report on the law and politics of eminent domain after the Supreme Court's (in)famous Kelo v. New London decision of June of 2005. All the states are just beginning to debate reforming their eminent domain laws, and there is nothing whatsoever on the market which would give them a clue as to how to frame the debate. Legislators are bewildered as to how to proceed. In the famous  Read more...
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Genre/Form: Electronic books
Additional Physical Format: Print version:
Ryskamp, John.
Eminent domain revolt.
New York : Algora Pub., ©2007
(DLC) 2006036483
(OCoLC)74965165
Material Type: Document, Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: John Ryskamp
ISBN: 9780875865263 0875865267 1281398187 9781281398185
OCLC Number: 122377293
Language Note: English.
Description: 1 online resource (269 pages)
Contents: Individual rights before Kelo v. New London : the third constitutional epoch at its close --
Kelo and its discontents : the consensus evaporates and the doctrines unravel --
The new Bill of Rights as law : the fate of reform within corruption --
The new Bill of Rights as fact : on stopping the third epoch in its tracks --
The early days of the new Bill of Rights : what the fourth epoch inherits.
Responsibility: John Ryskamp.
More information:

Abstract:

Ryskamp provides an up-to-the-minute report on the law and politics of eminent domain after the Supreme Court's (in)famous Kelo v. New London decision of June of 2005. All the states are just beginning to debate reforming their eminent domain laws, and there is nothing whatsoever on the market which would give them a clue as to how to frame the debate. Legislators are bewildered as to how to proceed. In the famous Lindsey v. Normet Supreme Court case, 405 U.S. 56 (1972), the Court found there was no right to housing, which is one of the reasons we are in the midst of this eminent domain controversy now. However, the Court made it clear that it was simply the argument which was not convincing, not that such a right could not be found. This book presents, among other things, a new housing right argument which has not previously been used. However, the dominant theme of the book is precisely the unsettled nature of the law and facts of this controversy. Readers need to inform themselves and think for themselves. In an area in which public opinion will determine much of the outcome, there are no experts -- and public opinion is just beginning to form. This book is for everyone -- from lawyers to planners to legislators to the lay public -- who is interested in the eminent domain issue as it plays out in state legislatures, debates and crises around the country. This issue is in newspapers on a daily or weekly basis now. The system simply cannot resolve it. Legal scholars may disagree about Ryskamp's location of the right to housing (under Fifth Amendment Due Process), but the book will convince many readers that we have to start working to understand the legal principles involved in this controversy.

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