The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property. The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book: Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed -- Offers advice on how best to handle common situations -- Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center. Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.... that all newly declared rules must be applied retroactively, including to those criminal cases pending on direct review. ... 1989); Smith v Firestone Tire aamp; Rubber Co. ... Vaamp;B Transmissions aamp; Auto Repair, 897 F.2d 805 (5th Cir 1990): Juzwm v.
|Title||:||Law of Property Rights Protection|
|Publisher||:||Aspen Publishers Online - 1998|