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Relevant bibliographies by topics / Eminent domain Land use

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Academic literature on the topic 'Eminent domain Land use'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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Journal articles on the topic "Eminent domain Land use"

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Gogoi, Meenakshi. "The Nexus between Sovereignty and ‘Eminent Domain’ under the Land Acquisition Act, 1894, and the Land Act, 2013." Social Change 48, no. 2 (June 2018): 173–87. http://dx.doi.org/10.1177/0049085718768897.

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The Indian state has used the colonial Land Acquisition Act (LAA), 1894, for acquiring land even without the consent of the people in the name of ‘public purpose’ and on payment of compensation, until it got repealed by a new act, the Right to Fair Compensation and Transparency in Land Acquisitions, Rehabilitation and Resettlement Act, 2013. The LAA, 1894 is an expression of the notion of ‘eminent domain’ and draws its sustenance from the sovereignty of the state. The understanding of sovereignty and to what extent the sovereign power of the state can use the concept of ‘eminent domain’ in the context of land acquisition remains a contentious issue. This article attempts to examine the notion of sovereignty and use of ‘eminent domain’ in the context of land acquisition in India. How does the inter-relationship between sovereignty and ‘eminent domain’ be understood according to the LAA, 1894 and the Land Act, 2013 has been discussed.

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Trimble, Lauren. "Eminent Domain a Decade After Kelo." Texas A&M Journal of Property Law 5, no. 3 (April 2019): 1101–29. http://dx.doi.org/10.37419/jpl.v5.i3.11.

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This Comment addresses the controversial Kelo v. City of New London decision and focuses on the state of Texas’ response to Kelo through its enactment of section 2206.001 of the Texas Government Code. This Comment discusses the implications of this statute in the realm of professional and college sports stadiums in Texas. Additionally, this Comment provides a background in the evolution of the eminent domain doctrine and prominent Supreme Court decisions expanding an authorized entity’s eminent domain power under a broadened definition of the entity providing a “public use.” The arguments are analyzed for whether Texas college and professional stadiums provide a public use, concluding that land takings from private landowners for the purpose of building sports stadiums constitutes a permissible public use under the Kelo standard. Land takings to build a sports stadium likely constitute a public use because it provides access to public participation, national prominence, revenue, tax benefits, and hurricane shelter for its citizens. Finally, this Comment proposes legislative amendment to section 2206.001(c) of the Texas Government Code that would raise the threshold for landowner’s compensation from 100% of the fair market value to 150%—250% of the fair market value of the property. A higher compensation would reimburse the landowner for the equity value of the property and would help prevent potential holdouts.

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Pellegrini, Mark, and Donald Poland. "Connecticut Planners Weigh in: Eminent Domain is Important Land Use Tool." Planning & Environmental Law 57, no. 9 (September 2005): 8–9. http://dx.doi.org/10.1080/15480755.2005.10394299.

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Turnbull, Geoffrey K. "Irreversible development and eminent domain: Compensation rules, land use and efficiency." Journal of Housing Economics 19, no. 4 (December 2010): 243–54. http://dx.doi.org/10.1016/j.jhe.2010.08.001.

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Turnbull, Geoffrey K. "Delegating Eminent Domain Powers to Private Firms: Land Use and Efficiency Implications." Journal of Real Estate Finance and Economics 45, no. 2 (August 4, 2010): 305–25. http://dx.doi.org/10.1007/s11146-010-9260-5.

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Kitchens, Carl. "The use of eminent domain in land assembly: The case of the Tennessee Valley Authority." Public Choice 160, no. 3-4 (August 14, 2013): 455–66. http://dx.doi.org/10.1007/s11127-013-0102-x.

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Schick, J. Randle. "Risk-Based Cleanup Objectives, Land Use, and Transportation." Transportation Research Record: Journal of the Transportation Research Board 1601, no. 1 (January 1997): 84–87. http://dx.doi.org/10.3141/1601-13.

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Land use has always been a factor in developing site-specific cleanup objectives for contaminated property. However, land use is taking on major new significance in the “brownfield” legislation being enacted in a growing number of states. Under this method, a tiered approach is used to analyze the risk posed by contaminants and to derive cleanup objectives based on that risk. By many accounts on the leading edge of the brownfield movement, the Illinois Environmental Protection Agency (IEPA) is going so far as to propose a tiered approach to cleanup objectives (TACO) generally across its land pollution programs. TACO relies heavily on restricting land use to obtain less stringent cleanup objectives, and it is this aspect of TACO that represents both an opportunity and a challenge to Illinois transportation agencies and the shape of things to come nationally. The opportunity lies in much lower cleanup costs that these agencies will incur in dealing with contamination in their own yards and rights-of-way. The challenge lies in considering requests from property owners adjoining the rights-of-way for land use restrictions on the rights-of-way, in dealing with land use restrictions on property acquired through eminent domain, and in processing land use restrictions that will be imposed for IEPA’s own cleanups.

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Kominers, Scott Duke, and E. Glen Weyl. "Holdout in the Assembly of Complements: A Problem for Market Design." American Economic Review 102, no. 3 (May 1, 2012): 360–65. http://dx.doi.org/10.1257/aer.102.3.360.

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Holdout problems prevent private (voluntary and self-financing) assembly of complementary goods—such as land or dispersed spectrum—from many self-interested sellers. While mechanisms that fully respect sellers' property rights cannot alleviate these holdout problems, traditional solutions, such as the use of coercive government powers of “eminent domain” to expropriate property, can encourage wasteful and unfair assemblies. We discuss the problems holdout creates for the efficient operation of markets and how previous approaches have used regulated coercion to address these challenges. We then investigate when encouraging competition can partially or fully substitute for coercion, focusing particularly on questions of spectrum allocation.

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Paone, Sonia. "The New Control of Territory and Urban Planning: the Eminent Domain in the US." International Journal of Social Science Studies 6, no. 4 (March 12, 2018): 38. http://dx.doi.org/10.11114/ijsss.v6i4.2942.

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The article analyses the transformations of the use of eminent domain in the United States in the context of urban redevelopment programs. In the past the private property has been expropriated for public use only. Recently it is possible to forcibly transfer property, from a private subject to private developers, on the basis of a cost-benefit analysis that demonstrates that the new use is more efficient than the previous one. This profound change has been possible thanks to a progressive modification of the concept of public use. Traditionally, public use coincided with the construction of infrastructures and public utility, such as highways and railroads. Over the time, it has come to include other aims: firstly, projects of urban renewal and economic development carried forth by private developers. Essentially, it has resulted in the use of expropriation to assemble lands which are then granted to subjects who intervene in the reconfiguration of the city for private purposes. Starting from some important examples of urban development, the main phases of this process are reconstructed, also taking into account the most important decisions of the US Supreme Court that contributed to the change of doctrine, invalidating the postulate of public use as justification for expropriation.

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Torello, Francesca. "Dibattito politico e gestione della trasformazione: Vienna 1848-1891." STORIA URBANA, no. 120 (July 2009): 25–52. http://dx.doi.org/10.3280/su2008-120002.

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- The plan for the Ring in Vienna is one of the most significant examples of urban transformation of a European capital in the nineteenth century. The plan was chosen from entries in a competition published in the Wiener Zeitung in 1858. It raised a number of issues that completely upset the existing balances between various opposing power centers: military authority vs. civilian society, municipal vs. state power, public vs. private property, and financial management tools vs. building codes. As opposed to the model plan in Paris, Vienna's plan was successful because the land involved was public and thus the government was not forced to use the politically dangerous means of expropriation by eminent domain. The financial crisis of 1873 that followed the collapse of the stock exchange did not leave any immediate effect on the city. The Christian Social Party won the 1885 elections and pushed for the creation of Greater Vien- na (GroB Wien) and for the public management of urban transportation, including the construction of a subway system. This was a turning point for urban development.

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Dissertations / Theses on the topic "Eminent domain Land use"

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Mo, Sun-yuen. "A study of the Hong Kong Government's land resumption policy." Hong Kong : University of Hong Kong, 1997. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18595418.

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Chan, Chi-wa, and 陳治華. "Use of GIS for land resumption projects in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2004. http://hub.hku.hk/bib/B30110622.

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Wu, Aijin. "Villagers' resistance against land expropriation : a case study of the Yin village in northern China." HKBU Institutional Repository, 2013. http://repository.hkbu.edu.hk/etd_ra/1535.

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Mo, Sun-yuen, and 武申源. "A study of the Hong Kong Government's land resumption policy." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31965647.

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Slade, Bradley Virgill. "The justification of expropriation for economic development." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71965.

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Thesis (LLD)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public purpose and public interest requirement in light of recent court decisions, especially with regard to third party transfer of expropriated property for economic development purposes. The public purpose requirement is explained in terms of pre-constitutional case law to create a context in which to understand the public purpose and public interest in terms of the 1996 Constitution. This leads to a discussion of whether third party transfers for economic development purposes are generally for a public purpose or in the public interest. The legitimacy of the purpose of both the expropriation and the transfer of property to third parties in order to realise the purpose is considered. Conclusions from a discussion of foreign case law dealing with the same question are used to analyse the South African cases where third party transfers for economic development have been addressed. Based on the overview of foreign case law and the critical analysis of South African cases, the dissertation sets out guidelines that should be taken into account when this question comes up again in future. The dissertation also considers whether an expropriation can be set aside if alternative means, other than expropriating the property, are available that would also promote the purpose for which the property was expropriated. Recent decisions suggest that alternative and less invasive measures are irrelevant when the expropriation is clearly for a public purpose. However, the dissertation argues that less invasive means should be considered in cases where it is not immediately clear that the expropriation is for a valid public purpose or in the public interest, such as in the case of a third party transfer for economic development. The role of the public purpose post-expropriation is considered with reference to purposes that are not realised or are abandoned and subsequently changed. In this regard the dissertation considers whether the state is allowed to change the purpose for which the property was expropriated, and also under which circumstances the previous owner would be entitled to reclaim the expropriated property when the public purpose that justifies the expropriation falls away. It is contended that the purpose can be changed, but that the new purpose must also comply with the constitutional requirements.
AFRIKAANSE OPSOMMING: Artikel 25(2) van die Grondwet van 1996 vereis dat `n onteining slegs vir `n openbare doel of in die openbare belang mag plaasvind, en dat vergoeding betaalbaar is. In die proefskrif word die openbare doel en openbare belang geanaliseer in die lig van onlangse regspraak wat veral verband hou met die onteining van grond wat oorgedra word aan derde partye vir doeleindes van ekonomiese ontwikkeling. Die openbare doel vereiste word geanaliseer in die lig van respraak voor die aanvang van die grondwetlike bedeling om beide die openbare doel en openbare belang in terme van die Grondwet van 1996 te verstaan. Op grond van hierdie bespreking word die vraag ondersoek of die onteiening van grond vir ekonomiese ontwikkeling en die oordrag daarvan aan derde partye vir `n openbare doel of in die openbare belang is. Gevolgtrekkings uit `n oorsig van buitelandse respraak waarin dieselfde vraag reeds behandel is dien as maatstaf vir die Suid-Afrikaanse regspraak oor die vraag te evalueer. Op grond van die kritiese analise van die buitelandse regspraak word sekere aanbevelings gemaak wat in ag geneem behoort te word indien so `n vraag weer na vore kom. Die vraag of `n onteiening ter syde gestel kan word omdat daar `n alternatiewe, minder ingrypende manier is om die openbare doel te bereik word ook in die proefskrif aangespreek. In onlangse regspraak word aangedui dat die beskikbaarheid van ander, minder ingrypende maniere irrelevant is as die onteiening vir `n openbare doel of in die openbare belang geskied. Daar word hier aangevoer dat die beskikbaarheid van alternatiewe metodes in ag geneem behoort te word in gevalle waar dit onduidelik is of die onteining vir `n openbare doel of in die openbare belang geskied, soos in die geval van oordrag van grond aan derde partye vir ekonomiese ontwikkelingsdoeleindes. Ter aansluiting by die vraag of die onteining van grond vir oordrag aan derdes vir ekonomiese ontwikkeling geldig is, word die funksie van die openbare doel na onteiening ook ondersoek. Die vraag is of die staat geregtig is om die doel waarvoor die eiendom onteien is na afloop van die onteiening te verander. Die vraag in watter gevalle die vorige eienaar van die grond teruggawe van die grond kan eis word ook aangespreek. Daar word aangevoer dat die staat die doel waarvoor die eiendom benut word kan verander, maar dat die nuwe doel ook moet voldoen aan die grondwetlike vereistes.
South African Research Chair in Property Law, sponsored by the Department of Science and Technology, administered by the National Research Foundation and hosted by Stellenbosch University
Cuicci bursary fund
Faculty of Law Stellenbosch University

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Choi, Ka-kuen. "The impact of Land Ordinance on private sector involvement in urban redevelopment in Hong Kong /." View the Table of Contents & Abstract, 2007. http://sunzi.lib.hku.hk/hkuto/record/B38027707.

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Fung, Kin-pong Derric. "A study of land resumption for real estate development in Hong Kong /." Hong Kong : University of Hong Kong, 1999. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25939956.

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Xiao, Wei, and 肖伟. "The compensation for land expropriation in rural China under the constitution in People's Republic of China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2014. http://hdl.handle.net/10722/209485.

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Land has always been the focus of public debates among scholars, policy makers and local populations due to its scarcity in face of population explosion and rapid urban growth. This is particularly so in the case of China. In order to support an unprecedented rate of urbanization, the institutional mechanism of land expropriation has been widely adopted by the government of the People's Republic of China over the last three decades. However, the effect of this institutional mechanism in rural China has become increasingly controversial. On one side, it is one of the most powerful tools to assemble land for urban development. Moreover, by means of land expropriation and land conveyance, local governments are capable of collecting substantial revenues to fund urban development. On the other side, the exclusive power of local governments over land expropriation, which is derived from the land management system, makes it possible for local governments to manipulate the price at which land is taken from farmers. In practice, local governments expropriate suburban or rural land at a low price and then lease it at a much higher price in land market. Therefore, inequitable compensation for land expropriation has led to numerous conflicts and social tensions between local governments and land-loss farmers. The issue of land expropriation and compensation has been identified as one of most primary sources of social discontents and complaints. Even though a growing number of studies have been conducted on the urbanization and regional development in China, a thorough cause–effect elaboration of the issue of land expropriation and compensation in rural China has rarely been carried out within the political regime. This thesis analyzes the institutional framework of land expropriation and compensation in rural China from the perspectives of property rights and land management system. In addition, it discloses the opportunities for Chinese legal system to solve this issue by borrowing legal norms, wisdoms and experience from other jurisdiction, such as the United States and Germany. Furthermore, it aims to improve and reconstruct the legal framework of compensation by elaborating the concept of long-term reciprocity. Three primary questions would be elaborated in this thesis. Is the compensation for land expropriation in rural China equitable? If the compensation is not equitable, how has such an inequity been caused? And most importantly, how to improve the compensability of land expropriation?
published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy

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Leung, Wai-ho, and 梁偉浩. "The difference of land resumption and displacement method between HongKong and Shanghai." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B48342336.

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In 2009, the central Chinese government invested 4000 billion into the Chinese economy, real estate industry expanded and the housing price increased very fast afterwards. In the construction of housing, demand of land is huge. One source of land is resumption of old area and land. Land users or owners had much conflict with government and real estate developers in land resumption and displacement issue in the past few years. This study investigates the difference of land resumption and displacement method between Hong Kong and Shanghai. This can provide information for Shanghai government to evaluate its policy and take Hong Kong as a good reference. It is because there were many problems and conflicts like imbalance of interest sharing between land users and government and real estate developers that were caused by unfair land resumption and displacement regulations and procedures. In the beginning, concepts of property rights, rent seeking, eminent domain in United States are investigated. Also Hong Kong land tenure system, letter A/B, and situation in Shanghai are included. This shows the property rights are mature in United States and Hong Kong. Shanghai is comparatively weak in this concept. In the eminent domain concept, United States and Hong Kong are fully developed, but it is still weak in Shanghai. In the methodology, I compare the land resumption and displacement rules and regulations of Hong Kong and Shanghai. In Hong Kong, those are Urban Renewal Authority Ordinance, Lands Resumption Ordinance. While in Shanghai, they are Shanghai city land displacement housing management method, Urban Buildings Demolition Relocation Administration Regulations. By the results, we can see the system in Hong Kong is much more mature and complicate than that of Shanghai. Shanghai should consider the fairness and justice concept of Hong Kong land resumption and displacement regulations to modify its regulations. Example is like involving more parties in the land resumption procedure to monitor each other and minimize the chance of interest of conflict. At last, some suggestions are made to Shanghai government. One is law court should be only responsible for judgment, while execution is done by other party. Although there are some limitations of this study like the rapid changing of land resumption and displacement regulations in Shanghai, this study still provide some valuable information for the development of real estate industry in China.
published_or_final_version
Housing Management
Master
Master of Housing Management

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Krishnan, Eesvan. "Land acquisition in British India, c. 1894-1927." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:3ba0652b-70b0-4407-ba85-14eddebdbcb6.

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This study offers the first instalment of a general history of land acquisition in British India, c. 1894–1927. It advances eight principal theses: (i) that the first law of land acquisition was enacted in 1668, as part of a political settlement by the East India Company with the Portuguese landlords of Bombay island; (ii) that, to a remarkable degree, land acquisition law was shaped in the interest of the sterling railway companies; (iii) that the state habitually used land acquisition not so much to effect non- consensual transfers but to ‘launder’ titles free of encumbrances and other claims; (iv) that the primary beneficiaries of land acquisition were public bodies, the sterling railway companies, and elite private interests; (v) that the executive was hostile to legislative and judicial oversight of land acquisition, and successfully resisted or co-opted attempts to impose such oversight; (vi) that the courts were in any event content with the role they were assigned under the 1894 Act, and generally deferred to the executive in land acquisition cases; (vii) that the land-acquiring executive, although hostile to and unencumbered by meaningful legislative and judicial oversight, as a general rule displayed a legal fastidiousness; (viii) that, despite an appearance of impartiality, land acquisition bore the stain of imperialism. These theses are advanced in the course of explaining the failure of the forgotten Kelkar Bill (1927), an attempt by the Maharashtrian nationalist N. C. Kelkar (1872–1947) to enact far-reaching amendments to the Land Acquisition Act 1894. Kelkar’s fellow nationalists withheld their open support from the measure and thereby guaranteed its failure: a counterintuitive choice that, it is argued, exemplifies the tactical compromises of nationalism.

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Books on the topic "Eminent domain Land use"

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New, York (State) Legislature Senate Standing Committee on Commerce Economic Development and Small Business. Public hearing: Eminent domain. Clifton Park, NY]: Candyco Transcription Service, Inc., 2005.

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New, York (State) Legislature Senate Standing Committee on Commerce Economic Development and Small Business. Public hearing: Eminent domain. White Plains, N.Y.]: Candyco Transcription Service, Inc., 2005.

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New York (State). Legislature. Senate. Standing Committee on Judiciary. Public hearing on eminent domain. Clifton Park, N.Y.]: Candyco Transcription Service, 2006.

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J, Novak Theodore, and Gershon Mark A, eds. Illinois zoning, eminent domain, and land use manual. Charlottesville, Va: Lexis Law Pub., 1997.

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Hudson, Charles F. Land use planning and eminent domain in Oregon. Eau Claire, WI: NBI, 2002.

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New York (State). Legislature. Senate. Standing Committee on Commerce, Economic Development, and Small Business. New York State Senate Hearing: Eminent domain. Clifton Park, NY]: Candyco Transcription Services, 2005.

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City University (London, England). Business School. The operation of compulsory purchase orders: Land Use, Minerals, Land Instability and Waste Planning Research Programme. London: Stationery Office, 1997.

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Barkat, Abul. Status and dynamics of land rights, land use and population in Chittagong hill tracts of Bangladesh. Dhaka: Human Development Research Centre, 2010.

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New York (State). Legislature. Senate. Standing Committee on Commerce, Economic Development, and Small Business. Public hearing in the matter of eminent domain. Syracuse, NY]: Candyco Transcription Service, Inc., 2005.

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Alterman, R. Takings international: A comparative perspective on land use regulations and compensation rights. [Chicago, Ill.]: American Bar Association, Section of State and Local Government Law, 2010.

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Book chapters on the topic "Eminent domain Land use"

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Hawkins, W. Thomas. "Eminent domain." In Land Use Law in Florida, 159–69. Milton Park, Abingdon, Oxon; New York, NY: Routledge 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003108603-17.

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Benson, Bruce L., and Matthew Brown. "Eminent Domain for Private Use." In Property Rights, 149–72. New York: Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230107793_8.

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Miceli, Thomas J. "Eminent domain and the paradox of public use." In Contemporary Issues in Law and Economics, 127–36. Abingdon, Oxon [UK] ; New York : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315103976-17.

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Sathe, Dhanmanjiri. "Eminent Domain, Right to Property and the LARR 2013." In The Political Economy of Land Acquisition in India, 13–29. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5326-9_2.

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Sullivan, Ed. "Eminent domain use for densification in the United States." In Compulsory Property Acquisition for Urban Densification, 18–31. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018. | Series: Routledge complex real property rights series: Routledge, 2018. http://dx.doi.org/10.1201/9781315144085-3.

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Aycock, S. Alan. "Expert Witness Testimony and the Use of Environmental Contamination Research in Eminent Domain Cases." In Research Issues in Real Estate, 91–101. Boston, MA: Springer US, 2003. http://dx.doi.org/10.1007/978-1-4419-8953-6_6.

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Grueau, Cédric. "Towards a Domain Specific Modeling Language for Agent-Based Modeling of Land Use/Cover Change." In Lecture Notes in Computer Science, 267–76. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-14139-8_28.

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Fukui, Hideo. "Real Estate and the Legal System of Japan." In New Frontiers in Regional Science: Asian Perspectives, 3–7. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8848-8_1.

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AbstractIn Part I, entitled Real Estate and the Legal System, we analyze owner-unknown land issues, land acquisitions, and real estate auctions.The use and value of real estate such as land and buildings are significantly affected by public laws and regulations related to urban planning and construction, the environment, and taxation; for example, contract laws such as the Act on Land and Building Leases; private laws regulating torts, collateral enforcement, and so on; tax laws that regulate transfer taxes, ownership taxes, and transaction taxes; and regulations surrounding land use and urban infrastructure development. This paper discusses, therefore, the relationships between these laws and real estate, identifies problems in the laws associated with real estate in Japan, and proposes improvements.First, in recent years, owner-unknown land issues have become a serious concern in Japan. The Japanese registry does not always reflect the actual rightful owner, primarily because such registration is only a perfection requirement in civil law and registration involves a great deal of time and money. For example, because a large extent of land is registered to owners from nearly 100 years ago, it has changed hands many times through inheritance, which means that today, it is extremely difficult to determine the actual owner (inheritor) without spending a great deal of time and money. However, if the profits to be obtained from the land do not justify such expense, the land remains unused as “owner-unknown land.”Buying and selling land under Japanese civil law requires an agreement from all landowners including in the case of shared ownerships; therefore, even if the land has high returns, if it is “owner-unknown land,” it cannot be used effectively. With a focus on unknown-owner land, in this section, four writers provide multifaceted perspectives on the causes thereof, the defects in the current system, and the possible solutions.Eminent domain, the system which allows the acquisition of land against the land owner’s will for public projects, is widely institutionalized in many countries. It works to mitigate the owner-unknown land issues as far as lands are acquired by public projects.Further, real estate auctions are often held when liens are placed on land and/or residences for housing loan defaults. The Japanese civil auction system, which was institutionalized at the end of the nineteenth century, stipulates that a tenancy that is behind on a mortgage may resist a purchase unconditionally as long as the mortgage default period is within 3 years (short-term lease protection system/former Civil Code Article 395). This system was intended to avoid the unstable use of mortgaged properties and to promote the effective use of real estate; however, because the majority of users and the beneficiaries of this system were in fact anti-social groups, it was used to demand money unjustly from debtors and buyers, thus preventing the effective use of the mortgaged properties.When the protection of short-term leases was abolished in 2004, these types of interferences are said to have decreased drastically. However, successful bids for auctioned real estate properties continue to be lower than in general transactions. Therefore, here, we provide a quantitative analysis of these situations and propose further auction system improvements.Below, we introduce the outlines of each theory in Part I.

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Rose, Jerome G. "Eminent Domain." In Legal Foundations of Land Use Planning, 419–64. Routledge, 2017. http://dx.doi.org/10.4324/9780203787359-6.

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Skillen, James R. "Popular Constitutionalism Applied." In This Land is My Land, 164–85. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197500699.003.0009.

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The Patriot Rebellion that swept across the West, driven by a mature infrastructure of conservative interests, counties, states, and individuals challenged the federal government directly over access to federal lands and economic development. States, led by Utah, claimed the power of eminent domain over federal lands and demanded that the federal government relinquished most of its land to them. Counties once again demanded control over federal land use planning, this time by arguing that the federal government needed to coordinate with county officials to ensure that federal land use plans met county needs.

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Conference papers on the topic "Eminent domain Land use"

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Voreiter, Claire, Jean-Christophe Burnel, Pierre Lassalle, Marc Spigai, Romain Hugues, and Nicolas Courty. "A Cycle Gan Approach for Heterogeneous Domain Adaptation in Land Use Classification." In IGARSS 2020 - 2020 IEEE International Geoscience and Remote Sensing Symposium. IEEE, 2020. http://dx.doi.org/10.1109/igarss39084.2020.9324264.

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Grueau, Cédric, and João Araujo. "Towards a domain specific modeling language for agent-based models in land use science." In the 28th Annual ACM Symposium. New York, New York, USA: ACM Press, 2013. http://dx.doi.org/10.1145/2480362.2480380.

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"Understanding the relative influence of local government interest groups within the domain of land use policy." In 19th Annual European Real Estate Society Conference: ERES Conference 2012. ERES, 2012. http://dx.doi.org/10.15396/eres2012_027.

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Ely, Marc J., and B. A. Jubran. "A Numerical Study on Increasing Film Cooling Effectiveness Through the Use of Sister Holes." In ASME Turbo Expo 2008: Power for Land, Sea, and Air. ASMEDC, 2008. http://dx.doi.org/10.1115/gt2008-50366.

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Film cooling has been the primary focus of turbine blade cooling research for the past half century. However, as engines become more powerful, more effective non-traditional means of cooling become necessary. The current study branches out into a new scheme for film cooling; sister holes. The geometry of the current work makes use of three cylindrical holes inclined at 35° to the horizontal: one primary injectant hole bound by two sister holes. Numerical simulations were run with blowing ratios varying from M = 0.2 to M = 1.5, using the realizable k-ε turbulence model with near-wall modeling. The results were analyzed for both adiabatic thermal effectiveness as well as vortex production due to flow mixing. In general, sister holes offer significant advantages in thermal protection over their single hole counterparts both laterally and along the centre-line, particularly in regions close to the hole. Simulations showed that the laterally averaged adiabatic thermal effectiveness increased by a factor of 1.35 for M = 0.2 up to a factor of 1.62 for M = 1.5. Similarly, the centre-line effectiveness increased by a factor of 1.22 at M = 0.2 up to a factor of 1.68 at M = 1.5. These benefits are heavily weighted by the near-hole region; however, increases are evident throughout the computational domain. This sister hole technique offers significant advantages with minimal penalties, making it a valuable candidate for future blade cooling applications.

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Ginsberg, Jerry H., and Benjamin B. Wagner. "On the Use of Modal Parameters as Metrics for Condition-Based Monitoring of Rotating Machinery." In ASME Turbo Expo 2005: Power for Land, Sea, and Air. ASMEDC, 2005. http://dx.doi.org/10.1115/gt2005-68981.

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Deterioration of a rotordynamic system changes its modal properties. This paper initiates a study of the degree to which such changes can be detected by monitoring modal metrics obtained by a modern technique for experimental modal analysis (EMA). The eigenvalues and residues associated with a complex modal description of the frequency response are identified by processing response data derived from an analytical model. This model, which features an elastic shaft with attached rigid rotor and supported by hydrodynamic bearings, was previously used by Wagner and Ginsberg [Proc. of the 23rd International Modal Analysis Conf. (IMAC), forthcoming, 2005] to explore the merits of using standard or directional frequency response functions to perform EMA. The techniques used there, specfically the original version of the Algorithm of Mode Isolation (AMI) for FRFs and Two-Sided AMI for dFRFs, are used to extract the modal properties from the model’s frequency domain response. The modal eigenvalues and residues are identified for a range of bearing clearances within the limit of acceptable wear. One set of metrics that are considered describes the behavior of the system’s eigenvalues as clearance increases. Another set of metrics describes the modal residue factors, which depend on the drive and response locations. A defect is considered to be detectable if the change in the value of a metric due to deterioration exceeds the uncertainty in that metric’s value associated with the inexact nature of EMA. Although the eigenvalues are identified with great accuracy, they are found to be relatively insensitive to bearing clearance, so that metrics derived from them do not meet the detectability criterion. In contrast, the residue values are identified less accurately, but they are highly sensitivity to the clearance. It is concluded that metrics describing the behavior of the modal residue factors can unambiguously indicate bearing wear that is large, but still acceptable for continued operation. It also is found that it is preferable to monitor the residues obtained by processing standard FRFs using the original AMI version, rather than using Two-Sided AMI to process dFRFs.

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Kern, Matthias, Paris Fokaides, Peter Habisreuther, and Nikolaos Zarzalis. "Applicability of a Flamelet and a Presumed JPDF 2-Domain-1-Step-Kinetic Turbulent Reaction Model for the Simulation of a Lifted Swirl Flame." In ASME Turbo Expo 2009: Power for Land, Sea, and Air. ASMEDC, 2009. http://dx.doi.org/10.1115/gt2009-59435.

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Lifted diffusion flames are an interesting topic due to many reasons. Mainly, lifting the reaction zone provides explicit time for mixing and avoids, therefore, hot spots at near stoichiometric conditions. Hence, they promise low emissions and make them auspicious for industrial application. In comparison to lean premixed flames, which are promising in terms of emissions as well, they distinguish themselves in the nonexistence of the risk of flashback by concurrently nearly premixed flame conditions. From exploratory considerations they are an excellent case for the investigation of flame stability. However, especially this kind of flame is challenging for the reaction model due to its high turbulence and nearly premixed burning state. CFD is a powerful tool to get a clear insight in complex mechanisms, as it delivers detailed information of the flow field. Although the contribution of highly sophisticated models like LES is steadily growing in current research, fast models as RANS are most important. Solely they provide the feasibility of extensive parametric studies or the application in industrial design processes. Therefore, appropriate reaction models are needed. The applicability of two different reaction models for non-premixed flames to predict structure and stability of such flames has been investigated in this work. A stable confined diffusion flame produced by a double swirler airblast nozzle has been chosen as test case. Leaving the secondary air stream non-swirled creates a flame which stabilizes in a lifted state. The turbulent flamelet model as proposed by Peters in the early 90th basically models the impact of the turbulent strain rate on the diffusion flame. The local state of mixing is characterized by the mixture fraction, whereas the interaction of flame and turbulence is described by the mean scalar dissipation rate. The fact that the strain rate is the only non-equilibrium parameter describing the state of the reaction permits the use of detailed chemical mechanisms. The presumed jpdf model based on a 2-domain-1-step kinetic scheme has its focus on the interaction of mixing and reaction progress and uses a presumed shape for the joint probability density function. The reaction is characterized by a single variable describing the mixing state and one single additional variable, describing the state of reaction progress. In this paper assets and drawbacks of both models and their applicability to lifted flames have been discussed in detail. Furthermore, conclusions on the stability mechanism of a lifted swirl flame are taken.

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Laxalde, Denis, Fabrice Thouverez, and Jean-Pierre Lombard. "Vibration Control for Integrally Bladed Disks Using Friction Ring Dampers." In ASME Turbo Expo 2007: Power for Land, Sea, and Air. ASMEDC, 2007. http://dx.doi.org/10.1115/gt2007-27087.

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A damping strategy for integrally bladed disks (blisks) is discussed in this paper; this involves the use of friction rings located underside the wheel of bladed disks. The forced response of the blisk with friction rings is derived in the frequency domain using a frequency domain approach known as Dynamic Lagrangian Frequency-Time method. The blisk is modeled using a reduced-order model and the rings are modeled using beam elements. The results of some numerical simulations and parametric studies are presented. The range of application of this damping device is discussed. Parametric studies are presented and allow to understand the dissipation phenomena. Finally some design and optimization guidelines are given.

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Balzani, N., F. Scarano, M. L. Riethmuller, and F. A. E. Breugelmans. "Experimental Investigation of the Blade-to-Blade Flow in a Compressor Rotor by Digital Particle Image Velocimetry." In ASME Turbo Expo 2000: Power for Land, Sea, and Air. American Society of Mechanical Engineers, 2000. http://dx.doi.org/10.1115/2000-gt-0055.

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The purpose of this study is to investigate the blade to blade flow in an axial compressor, providing a detailed description of the entire flow-field on multiple layers through the use of Particle Image Velocimetry (PIV). Typical problems that relate to flow seeding, light-sheet generation and camera-laser timing control are successfully dealt with bringing additional knowledge in the domain. An extensive data set is analysed to obtain statistical flow information (mean and fluctuating quantities). Spatial data reconstruction procedures allow the complete planar flow distributions to be determined. The multi-planar mean velocity field constitutes the final result of a 3D reconstruction of the domain geometry and the proper introduction of the available planar measurements.

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Guidotti, Emanuele, and Mark G. Turner. "Analysis of the Unsteady Flow in an Aspirated Counter-Rotating Compressor Using the Nonlinear Harmonic Method." In ASME Turbo Expo 2009: Power for Land, Sea, and Air. ASMEDC, 2009. http://dx.doi.org/10.1115/gt2009-60285.

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A multistage frequency domain (Nonlinear Harmonic) Navier-Stokes unsteady flow solver has been used to analyze the flow field in the MIT (rotor/rotor) aspirated counter-rotating compressor. The numerical accuracy and computational efficiency of the Nonlinear Harmonic method implemented in Numeca’s Fine/Turbo CFD code has been demonstrated by comparing predictions with experimental data and nonlinear time-accurate solutions for the test case. The comparison is good, especially considering the big savings in time with respect to a time accurate simulation. An imposed inlet boundary condition takes into account the flow change due to the IGV (not simulated in the computational model). Details of the flow field are presented and physical explanations are provided. Also, suggestions and recommendations on the use of the Nonlinear Harmonic method are provided. From this work it can be concluded that the development of efficient frequency domain approaches enables routine unsteady flow predictions to be used in the design of modern turbomachinery.

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Bonello, Philip, and Pham Minh Hai. "Computational Studies of the Unbalance Response of a Whole Aero-Engine Model With Squeeze-Film Bearings." In ASME Turbo Expo 2009: Power for Land, Sea, and Air. ASMEDC, 2009. http://dx.doi.org/10.1115/gt2009-59687.

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The computation of the unbalance vibration response of aero-engine assemblies fitted with nonlinear bearings requires the retention of a very large number of modes for reliable results. This renders most previously proposed nonlinear solvers unsuitable for this application. This paper presents three methods for the efficient solution of the problem. The first method is the recently developed impulsive receptance method (IRM). The second method is a reformulation of the Newmark-Beta method. In addition to these two time-domain methods, a whole-engine receptance harmonic balance method (RHBM) is introduced that allows, for the first time, the frequency domain calculation of the periodic vibration response of a real engine. All three methods use modal data calculated from a one-off analysis of the linear part of the engine at zero speed. Simulations on a realistically-sized representative twin-spool engine model with squeeze-film damper bearings provide evidence that the popular Newmark-Beta method can be unreliable for large order nonlinear systems. The excellent correlation between the IRM and RHBM results demonstrates the efficacy of these two complementary tools in the computational analysis of realistic whole-engine models.

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Reports on the topic "Eminent domain Land use"

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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.

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Bedford, Philip, Alexis Long, Thomas Long, Erin Milliken, Lauren Thomas, and Alexis Yelvington. Legal Mechanisms for Mitigating Flood Impacts in Texas Coastal Communities. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, May 2019. http://dx.doi.org/10.37419/eenrs.mitigatingfloodimpactstx.

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Flooding is a major source of concern for Texas’ coastal communities. It affects the quality of infrastructure, the lives of citizens, and the ecological systems upon which coastal communities in Texas rely. To plan for and mitigate the impacts of flooding, Texas coastal communities may implement land use tools such as zoning, drainage utility systems, eminent domain, exactions, and easements. Additionally, these communities can benefit from understanding how flooding affects water quality and the tools available to restore water bodies to healthy water quality levels. Finally, implementing additional programs for education and ecotourism will help citizens develop knowledge of the impacts of flooding and ways to plan and mitigate for coastal flooding. Land use tools can help communities plan for and mitigate flooding. Section III addresses zoning, a land use tool that most municipalities already utilize to organize development. Zoning can help mitigate flooding, drainage, and water quality issues, which, Texas coastal communities continually battle. Section IV discusses municipal drainage utility systems, which are a mechanism available to municipalities to generate dedicated funds that can help offset costs associated with providing stormwater management. Section V addresses land use and revenue-building tools such as easements, eminent domain, and exactions, which are vital for maintaining existing and new developments in Texas coastal communities. Additionally, Section VI addresses conservation easements, which are a flexible tool that can enhance community resilience through increasing purchase power, establishing protected legal rights, and minimizing hazardous flood impacts. Maintaining good water quality is important for sustaining the diverse ecosystems located within and around Texas coastal communities. Water quality is regulated at the federal level through the Clean Water Act. As discussed in Section VII, the state of Texas is authorized to implement and enforce these regulations by implementing point source and nonpoint source pollutants programs, issuing permits, implementing stormwater discharge programs, collecting water quality data, and setting water quality standards. The state of Texas also assists local communities with implementing restorative programs, such as Watershed Protection Programs, to help local stakeholders restore impaired water bodies. Section VIII addresses ecotourism and how these distinct economic initiatives can help highlight the importance of ecosystem services to local communities. Section VIX discusses the role of education in improving awareness within the community and among visitors, and how making conscious decisions can allow coastal communities to protect their ecosystem and protect against flooding.

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Shavell, Steven. Eminent Domain Versus Government Purchase of Land Given Imperpect Information About Owners' Valuation. Cambridge, MA: National Bureau of Economic Research, October 2007. http://dx.doi.org/10.3386/w13564.

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