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The Property Rights Issue

Description: The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
Date: January 20, 1995
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Wetlands Regulation and the Law of Property Rights "Takings"

Description: When a wetland owner is denied permission to develop, or offered a permit with very burdensome conditions, the property's value may drop substantially. Wetlands programs also may impose costly development delays. For these reasons, federal and state wetlands regulation continues to generate "takings" lawsuits by land owners. Such suits allege that by narrowing or eliminating the economic uses to which a wetland can be put, the government has "taken" (permanently or temporarily) the wetland unde… more
Date: February 17, 2000
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Description: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Date: December 5, 2001
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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The Endangered Species Act and Claims of Property Rights "Takings"

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: October 14, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Description: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length an… more
Date: December 22, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings"

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: March 9, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: March 10, 2003
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
open access

Private Property in America: Land Use and the Ethics of Owning Land

Description: Private property in the United States arose out of a tradition that emphasized the individual freedom to control holdings without interference from governmental influences. A sharp distinction between society as a whole and individual rights isolated ownership of private property from a notion of the common good. This dualistic framework excludes the possibility for forms of property that do not fall completely into either category. Property ownership attitudes are central to issues that ofte… more
Date: December 2005
Creator: Grant, Elizabeth Michelle
Partner: UNT Libraries
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Germanic Women: Mundium and Property, 400-1000

Description: Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women.… more
Date: August 2006
Creator: Dunn, Kimberlee Harper
Partner: UNT Libraries
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Beach Drive: Public Rights and Private Property: A Documentary Film

Description: The Texas Open Beaches Act states that the public beach extends from the water up to the line of vegetation. Once a privately-owned property is submerged, it transfers into state ownership. Because of severe erosion and the shifting nature of vegetation, the Village of Surfside has lost several rows of houses and streets and, currently, over thirty houses are located on the public beach obstructing public access in violation of the Texas Open Beaches Act. The extreme erosion in this small villa… more
Date: August 2006
Creator: Schoenbaechler, Jessica
Partner: UNT Libraries
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The Endangered Species Act and Private Property

Description: If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Date: March 7, 1993
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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The Endangered Species Act and Claims of Property Rights “Takings

Description: This report discusses Endangered Species Act (ESA) that has long been one of the major flash points in the “property rights” debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, then surveys the major ESA-relevant principles of Fifth Amendment takings law, and finally discusses the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment.
Date: January 14, 2008
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Intellectual Property Rights and International Trade

Description: This report discusses the different kinds of intellectual property rights (IPR); forms of IPR infringement; importance of IPR to the U.S. economy; estimated losses associated with IPR infringement; organizational structure of IPR protection in multilateral, regional, bilateral; U.S. government agencies involved with IPR and trade; and issues for Congress regarding IPR and international trade.
Date: October 20, 2008
Creator: Ilias, Shayerah & Fergusson, Ian F.
Partner: UNT Libraries Government Documents Department
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Alaska Native Claims Settlement Act of 1971 (P. L. 92-203): History and Analysis

Description: This report discusses the history of Alaskan indigenous peoples claims to their traditional lands under Russian and U.S. administration and the Alaska Native Claim Settlement Act of 1971 which gave formal land rights to the Alaskan indigenous peoples for their traditional lands.
Date: May 22, 1972
Creator: Jones, Richard S.
Partner: UNT Libraries Government Documents Department
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