The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-owned Land Without Paying Compensation to the Owners, المجلد 13U.S. Government Printing Office, 1973 - 329 من الصفحات "A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners."--T.p. |
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مقاطع مشهورة
الصفحة 134 - ... Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
الصفحة 119 - A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit.
الصفحة 126 - The boundary at which the conflicting interests balance cannot be determined by any general formula in advance, but points in the line, or helping to establish it, are fixed by decisions that this or that concrete case falls on the nearer or farther side.
الصفحة 101 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
الصفحة 221 - We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.
الصفحة 98 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
الصفحة 125 - All rights tend to declare themselves absolute to their logical extreme. Yet all in fact are limited by the neighborhood of principles of policy which are other than those on which the particular right is founded, and which become strong enough to hold their own when a certain point is reached. The limits set to property by other public interests present themselves as a branch of what is called the police power of the State.
الصفحة 271 - Act, except where the context otherwise requires, the expression 'development ' means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
الصفحة 136 - The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.
الصفحة 95 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws.