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Title: Takings Litigation Handbook : Defending Takings Challenges to Land Use Regulations by Douglas T. Kendall, Timothy J. Dowling, Andrew W. Schwartz ISBN: 0-9647908-1-5 Publisher: American Legal Publishing Corp. Pub. Date: 18 May, 2000 Format: Paperback List Price(USD): $49.95 |
Average Customer Rating: 5 (1 review)
Rating: 5
Summary: Invaluable Resource
Comment: Finally, THE book that everyone concerned with defending against "property rights/ takings" challenges MUST have! This book includes extensive practical pointers, analysis of procedural and substantive defenses and discussions of cases that were decided as recently as Feb. and March, 2000.
The Fifth Amendment provides "nor shall private property be taken for public use without just compensation."
Unwarranted takings claims have been used to threaten a wide range of smart growth, environmental, planning, historic preservation, health, safety, zoning, and other safeguards that protect people and neighboring property without taking property rights.
Takings Litigation Handbook is an invaluable resource for local, state and federal government attorneys, officials, planners, judges, academics, concerned NGOs and private citizens. It covers everything from general principles to procedural defenses to pretrial motions and discovery.
For many years, I have written National Wildlife Federation briefs opposing takings claims in state and federal courts and the U.S. Supreme Court, including in support of successful government appeals of state court takings judgments in Florida, Wisconsin, Michigan, California, and South Carolina. I have also written numerous takings law review articles, speeches, and CLE materials, and have advocated strongly against state and federal legislative takings proposals.
Based on my experience, this book is essential not only for specialists, but for anyone who has an interest in defending against actual or threatened unjustified takings claims.
Glenn P. Sugameli...
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