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The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Confiscation (from the Latin confiscatio "to consign to the fiscus, i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law.
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities.In the United States, it is a type of criminal-justice financial obligation.It typically applies to the alleged proceeds or instruments of crime.
The DOJ gave three rationales for the argument, all packed into a doorstopper of a footnote: (1) the government creates money, so you can't own it; (2) the government can tax your money, so you ...
Redistribution of income and wealth is the transfer of income and wealth (including physical property) from some individuals to others through a social mechanism such as taxation, welfare, public services, land reform, monetary policies, confiscation, divorce or tort law. [1]
The Confiscation Acts were laws passed by the United States Congress during the Civil War with the intention of freeing the slaves still held by the Confederate forces in the South. The Confiscation Act of 1861 authorized the confiscation of any Confederate property by Union forces ("property" included slaves). This meant that all slaves that ...
Once the criminal proceedings make it to trial, the accion civil resarcitoria separates in that forfeiture of property is not dependent on a criminal conviction of an individual. Unlike a criminal confiscation or in rem action, a successful 'accion civil resarcitoria' recognizes damages and awards a monetary compensation.
This type of property is publicly owned, but its access and use are managed and controlled by a government agency or organization granted such authority. [16] For example, a government pavement is non-excludable as anyone may use it but rivalrous as, the more people using it, the more likely it will be too crowded for another to join.