Field Guide to Private Property Rights
(Updated March 2007)
The right to own property is the cornerstone of the real estate industry. Kelo vs. New London, a Supreme Court case, concerns eminent domain, takings, and whether a city has the right to force owners out of their homes. The Supreme Court ruled that local city governments can seize homes for private development. On June 23, 2006, President Bush signed an Executive Order to protect property rights. These articles and books examine property rights in America and government regulations that restrict property rights. Find out the basics, NAR information, the takings issue, along with much more. (D. Foligno, Project Coordinator)
Contents:
Information from NAR | Property Rights Basics | Legal Issues and Legislation | Takings | Books, eBooks & Other Resources
Kelo v. New London
Susette Kelo lost her rights, she lost her property, but she has saved her home, (Institute for Justice, June 30, 2006).
Executive Order: Protecting the Property Rights of the American People, (www.whitehouse.gov, June 23, 2006).
The New London decision: who benefits?, (Realty Times, July 21, 2005).
Lawyers petition court to rehear Kelo case, (www.GlobeSt.com, July 19, 2005).
Property seizure backlash, (Christian Science Monitor, July 6, 2005).
House votes to undercut high court on property; Federal funds tied to eminent domain, (Washington Post, July 1, 2005).
Governments can use eminent domain power for economic development, (National Association of REALTORS®, Letter of the Law, June 2005).
Taking a closer look at eminent domain, (Wall Street Journal, June 29, 2005).
U.S. Supreme Court: Cities can seize homes for private economic development, (Realty Times, June 27, 2005).
Kelo et al. v. City of New London et al., (Supreme Court of the United States, June 23, 2005).
Information from NAR
Resources Coming in Wake of High Court "Takings" Ruling, (National Association of REALTORS®/Law and Policy, July 11, 2005).
Eminent Domain: Use of Public Power for Private Gain?, (National Association of REALTORS® , Smart Growth, 2004).
Private property rights, (National Association of REALTORS®, Apr. 9, 2004).
Issue summary on private property rights, (National Association of REALTORS®, 2007).
Property Rights Basics
In wake of ruling, states curbing use of eminent domain, (Triangle Business Journal, Dec. 8, 2006).
An American's home is still her castle, (The Economist, Nov. 26, 2006).
Real estate in peril, (REALTOR® Magazine, Aug. 2006).
Eminent domain, (www.expertlaw.com, July 2004).
Private property rights: A look at its history & future, (Fruit Notes/University of Massachusetts, Dec. 2001).
Rights in property and land-use regulation: Tradition and tension in a changing world, (University of Iowa Extension, Feb. 2001).
The Founders' Constitution, Chapter 16-Property, (The University of Chicago, 2000).
Legal Issues and Legislation
States slap restrictions on government use of eminent domain, (Houston Business Journal, Dec. 15, 2006).
Poletown's revenge, (Wall Street Journal, Aug. 3, 2004).
The politics of property rights at the national level: Signals and trends, (Journal of the American Planning Association, Spring 2003). Q
Takings
The hidden costs of predatory takings, (Realty Times, Feb. 13, 2007).
Playing the takings game: how government regulates away property rights, (The Goldwater Institute, June 13, 2006).
Regulatory taking and "inverse condemnation", (Realty Times, Sept. 28, 2000).
An overview of the U.S. Supreme Court "takings" law, (National Association of REALTORS®--Law and Policy, 1997).
eBooks & Other Resources
Books, Videos, Research Reports & More
The resources below are available for loan through Information Central. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Information Central at 800.874.6500 for assistance.
Private property in the 21st century: The future of an American ideal, (Northampton, MA: Edward Elgar Publishing, 2004). KF 562 P755
Land wars: the politics of property and community, (Boulder, CO: Lynne Reiner Publishers, 2003). NAC 1565 F84
Who owns America?, (Madison, WI: University of Wisconsin Press, 1998). HD 205 W53
The guardian of every other right, (New York, NY: Oxford University Press, 1998). KF 562 E54
A land use anthology, (Cincinnati, OH: Anderson Publishing, 1998). NAC 1565 L22
Private rights to property: the foundation of freedom, prosperity and harmony, (College Station, TX: Texas A&M University Real Estate Center, 1997). NAC 1565 T31
Tahoe-Sierra: a takings time warp?, (Zoning and Planning Law Report, June 2002, p. 1, 42-48).
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Field Guide to Water Rights & Resources Issues
Field Guide to Smart Growth & Growth Management
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