Takings Litigation Handbook: Defending Takings Challenges to Land Use Regulations.Douglas T. Kendall, Timothy J. Dowling, & Andrew W. Schwartz. Cincinnati, OH: American Legal Publishing The production of texts that report laws or discuss the Practice of Law. Originally limited to printed materials, legal publishing now encompasses electronic media as well, with most legal publications becoming available online or in CD-ROM format. Corp., 2000. (800) 445-5588; http://www.amlegal.com. 404 pp. $49.95 Paperbound pa·per·bound adj. Bound in paper; paperback. . Takings Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. Handbook: Defending Takings Challenges to Land Use Regulations is designed to assist government attorneys, land use planners, and other local officials understand and apply takings law. This issue has become of particular concern as developers and landowners increasingly attempt to use takings litigation to convince government agencies to relax or abandon protections for both neighborhoods and the environment. In light of recent Supreme Court rulings in favor of takings claimants, some public officials have become reluctant to implement community protections in order to avoid the risk of takings liability. This book is designed to help local government officials strike a reasonable balance between private property rights and community interests without incurring takings liability. Douglas T. Kendall is founder and Executive Director of Community Rights Counsel (CRC (Cyclical Redundancy Checking) An error checking technique used to ensure the accuracy of transmitting digital data. The transmitted messages are divided into predetermined lengths which, used as dividends, are divided by a fixed divisor. ) and an adjunct professor at the University of Virginia Graduate Planning Program. Mr. Kendall's former litigation practice included representing local governments in constitutional cases. His writings on takings and land use law have appeared in many publications. Timothy J. Dowling is CRC's Chief Counsel. Mr. Dowling has formerly served in the Environment and Natural Resources Division of the U.S. Department of Justice and as a Judicial Officer and Acting Environmental Appeals Judge for the U.S. Environmental Protection Agency Environmental Protection Agency (EPA), independent agency of the U.S. government, with headquarters in Washington, D.C. It was established in 1970 to reduce and control air and water pollution, noise pollution, and radiation and to ensure the safe handling and . Andrew W. Schwartz is co-founder of the California Community Land Use Project and a Deputy City Attorney for the City and County of San Francisco. He is a frequent participant in takings cases as amicus curiae amicus curiae (Latin: “friend of the court”) One who assists a court by furnishing information or advice regarding questions of law or fact. A person (or other entity, such as a state government) who is not a party to a particular lawsuit but nevertheless has a and a regular speaker on land use litigation and takings. |
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