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Takings Clause

Takings Clause Introduction to Takings Clause See also the entry about Local Government Takings. The Fifth Amendment, adopted in 1791, includes a declaration that “private property” is not to be “taken for public use, without just compensation. Under the Takings Clause, courts allow two distinct types of suit. Condemnation (also “formal condemnation”) occurs when a government or private entity formally invokes its power of eminent domain by filing suit to take a specified property, upon payment to the owner of just compensation. By contrast, a taking action (also “inverse condemnation”) is the procedural reverse. It is a suit by a property holder against the government, claiming that government conduct has effectively taken the property notwithstanding that the government has not filed a formal condemnation suit. A typical taking action complains of severe regulation of land use, though the Takings Clause reaches all species of property, real and personal, tangible and intangible. The taking action generally demands that the government compensate the property owner, just as when government formally exercises eminent domain. No debate on the proper balance between private property rights and conflicting societal needs is complete without noting the Takings Clause. History of the Takings Clause This “taking clause”originally applied only to the federal government and […]

Municipal Corporations Law

Municipal Corporation Definition A public corporation, created by government for political purposes, and having subordinate and local powers of legislation; e. g., a county, town, city, etc. 2 Kent, Comm. 275; Angell & A. Corp. 9, 29; 1 Baldw. (U. S.) 222. An incorporation of persons, inhabitants of a particular place, or connected with a particular district, enabling them to conduct its local civil government. Glover, Mun. Corp. 1. The incorporation, by authority of the government, of the inhabitants of a particular place, and authorizing them, in their corporate capacity, to exercise certain specified powers with respect to their local government. Dill. Mun. Corp. § 2. In modern usage, the term is somewhat narrower, and is generally confined to bodies politic, specially organized or chartered, and excluding the ordinary political divisions of the state. In this sense, it includes cities and villages, but excludes counties, townships, or school districts. 44 Wis. 489; 34 Iowa, 84; 52 Mo. 309. But see 36 Minn. 430. In English Law. A body of persons In a town having the powers of acting as one person, of holding and transmitting property, and of regulating the government of the town. Such corporations existed in the chief […]

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A bill to amend title 49, United States Code, to expand passenger facility fee eligibility for certain noise compatibility projects

Bill Details
A bill to amend title 49, United States Code, to expand passenger facility fee eligibility for certain noise compatibility projects was a proposal (now, a piece of legislation) introduced on 2007-03-27 in the House of Commons and Senate respectively of the 110 United States Congress b…

To amend Public Law 106-348 to extend the authorization for establishing a memorial in the District of Columbia or its environs to honor veterans who became disabled while serving in the Armed Forces of the United States

Bill Details
To amend Public Law 106-348 to extend the authorization for establishing a memorial in the District of Columbia or its environs to honor veterans who became disabled while serving in the Armed Forces of the United States was a proposal (now, a piece of legislation) introduced on 2007-0…

To designate the facility of the United States Postal Service located at 5757 Tilton Avenue in Riverside, California, as the "Lieutenant Todd Jason Bryant Post Office"

Bill Details
To designate the facility of the United States Postal Service located at 5757 Tilton Avenue in Riverside, California, as the "Lieutenant Todd Jason Bryant Post Office" was a proposal (now, a piece of legislation) introduced on 2007-02-12 in the House of Commons and Senate res…

A bill granting the consent and approval of Congress to an interstate forest fire protection compact

Bill Details
A bill granting the consent and approval of Congress to an interstate forest fire protection compact was a proposal (now, a piece of legislation) introduced on 2007-03-23 in the House of Commons and Senate respectively of the 110 United States Congress by John Thune in relation with: …

Passport Backlog Reduction Act of 2007

Bill Details
Passport Backlog Reduction Act of 2007 was a proposal (now, a piece of legislation) introduced on 2007-03-22 in the House of Commons and Senate respectively of the 110 United States Congress by Charles Ellis (chuck) Schumer in relation with: