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EBOOK
Author Ryskamp, John.
Title The eminent domain revolt : changing perceptions in a new constitutional epoch / John Ryskamp.
Imprint New York : Algora Pub., [2007]
©2007

Author Ryskamp, John.
Subject Eminent domain -- United States.
Description 1 online resource (269 pages)
polychrome rdacc
Bibliography Note Includes bibliographical references (pages 261-264) and index.
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.
Note Print version record.
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 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.
ISBN 9780875865263 (electronic bk.)
0875865267 (electronic bk.)
1281398187
9781281398185
9780875865249
0875865240
9780875865256
0875865259
OCLC # 122377293
Additional Format Print version: Ryskamp, John. Eminent domain revolt. New York : Algora Pub., ©2007 9780875865249 0875865240 (DLC) 2006036483 (OCoLC)74965165.


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