Dennis J. Coyle - Property rights and the Constitution: shaping society through land use regulation
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Property rights and the Constitution: shaping society through land use regulation
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Property Rights and the Constitution : Shaping Society Through Land Use Regulation SUNY Series in the Constitution and Economic Rights
author
:
Coyle, Dennis J.
publisher
:
State University of New York Press
isbn10 | asin
:
0791414442
print isbn13
:
9780791414446
ebook isbn13
:
9780585063454
language
:
English
subject
Land use--Law and legislation--United States, Right of property--United States, Constitutional law--United States.
publication date
:
1993
lcc
:
KF5698.C674 1993eb
ddc
:
346.7304/5
subject
:
Land use--Law and legislation--United States, Right of property--United States, Constitutional law--United States.
Page i
Property Rights and the Constitution
Page ii
SUNY Series in the Constitution and Economic Rights Ellen Frankel Paul, Editor
Page iii
Property Rights and the Constitution
Shaping Society Through Land Use Regulation
Dennis J. Coyle
STATE UNIVERSITY OF NEW YORK PRESS
Page iv
Published by State University of New York Press, Albany
1993 State University of New York
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews.
For information, address State University of New York Press, State University Plaza, Albany, N.Y., 12246
Production by E. Moore Marketing by Bernadette LaManna
Library of Congress Cataloging-in-Publication Data Coyle, Dennis J. (Dennis John) Property rights and the constitution: shaping society through land use regulation / Dennis J. Coyle p. cm. (SUNY series in the constitution and economic rights) Includes bibliographical references (p. ) and index. ISBN 0-7914-1443-4 (CH : acid-free). ISBN 0-7914-1444-2 (PB : acid-free) 1. Land useLaw and legislationUnited States. 2. Right of propertyUnited States. 3. United StatesConstitutional law. I. Title. II. Series. KF5698.C674 1993 346.7304'5dc20 [347.30645]92-16680 CIP
10 9 8 7 6 5 4 3 2 1
Page v
For father and son
Page vii
CONTENTS
Tables
ix
Acknowledgments
xi
Part I: Landowner Rights and Political Culture
1. Why Land Use Rights?
3
2. Land Use and Culture
19
3. The Demise of Landowner Rights
40
Part II: Landowner Rights in State and Nation
4. Cultural Conflict in Pennsylvania and New Jersey
53
5. California: Where Deference Reigns Supreme
112
6. The United States Supreme Court: Hesitant Steps toward the Protection of Landowner Rights
166
Part III: The Future of Landowner Rights and Regulation
7. Feudalism and Liberalism
213
8. Land, Culture, and the Constitution
238
Page viii
Part IV: Appendixes
A. Pennsylvania Supreme Court Constitutional Land Use Cases and New Jersey Exclusionary Cases
265
B. California Supreme Court Constitutional Land Use Cases
268
C. United States Supreme Court Constitutional Land Use Cases
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