Just Compensation

• 23 CFR 751.15 - Just compensation.

• Code of Federal Regulations - Title 23: Highways

• Just Compensation: Ideal or Compromise? A Comparison of the Implementation of the Just Compensation Clause and Forced Urban Evictions in China and South Korea

I Introduction - II Just Compensation: Theoretical Underpinnings and Practical Considerations - A The Theory of Just Compensation - 1 Fairness and Efficiency - 2 Just Compensation and Legitimacy - B Problems with the Concept of Just Compensation - III Legal Framework for just Compensation - A Constitutional Provisions on Just Compensation - 1 China - a) Private Property Rights- b) Just Compensation- 2 South Korea - B Other Legal Provisions - 1 China - 2 South Korea - IV The Impractical Ideal-Explanations as to why the just Compensation Clause has not Been Effectively Enforced - A Housing Rights as a Market Commodity - V The Need for Urban Development Versus The Right to Housing: Just Compensation as a Compromise - A Need Versus Profits - B Profits Versus Righ...

• Transnational Law & Contemporary Problems
• Nbr. 16-1, October 2006

• Just Compensation Still Short of Just

BASIC assumptions about Virginians' property rights - government shouldn't be able to take private property unless it's for a specified public use, and government must compensate owners fairly if it takes their property - should be made clear in the law. The General Assembly's reforms in 2007, while necessary and significant, left enough loopholes that property owners are being shorted when government agencies come knocking. Two bills would help to protect landowners and should become law.

• The Virginian-Pilot and The Ledger-Star, Norfolk, VA
• February 04, 2011

• Just Compensation

Equitable remuneration to the owner of private property that is expropriated for public use through condemnation, the implementati...

• West's Encyclopedia of American Law
• Jap–Ma

• Eminent domain; just compensation for private property taken; public use as judicial question

• Arizona Constitution

• Takings, torts and turmoil: reviewing the authority requirement of the Just Compensation Clause.

Identifying a meaningful distinction between common law torts and constitutional takings is a task that has evaded courts for the last hundred years. ...

• UCLA Journal of Environmental Law & Policy
• Vol. 19 Nbr. 2, December 2001

• 42 USC 2221 - Sec. 2221. Just compensation for requisitioned property

• US Code - Title 42: The Public Health and Welfare

• Restraining eminent domain through just compensation: Kelo v. City of New London.

The Fifth Amendment provides the legal standard for eminent domain: "nor shall private property be taken for public use, without just compensation." (...

• Harvard Journal of Law & Public Policy
• Vol. 29 Nbr. 2, March 2006

• Just compensation? Testing the Takings Clause.

IN 1995 Daniel and Andrea McClung applied for a permit to open a Subway sandwich shop on their property in Sumner, Washington. The city then charged t...

• Reason
• Vol. 41 Nbr. 4, August 2009

• Juggernaut ; California School District Must Be Educated On Meaning of 'Just Compensation'

Even when the government's power to take private property by force is used for genuinely public purposes -- to build freeways, schools, courthouses -- it can be abused. In particular, public agencies are notorious for offering less than the properties are worth when it comes time to pay the legally mandated "just compensation. That appears to be the case in Santa Ana, Calif., where the Santa Ana Unified School District has invoked eminent domain to take a warehouse, retail business and mosque owned by Mohammed Ali, an Indian immigrant who had operated Calco International at the site since 1989, with his brother, Mohammed Querashi. The brothers sold used automobile parts at the site until 2003, when the overcrowded school district condemned it and a neighboring property to build an elem...

• Gazette, The; Colorado Springs, Colo.
• February 24, 2005