(Download) "Reviving Necessity in Eminent Domain." by Harvard Journal of Law & Public Policy " Book PDF Kindle ePub Free
eBook details
- Title: Reviving Necessity in Eminent Domain.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 337 KB
Description
Necessity is not a word to be taken lightly. The necessity defense in criminal law can excuse most criminal acts. (1) Manifest necessity permits a court to declare a mistrial in a criminal proceeding. (2) The business necessity defense permits employers to retain a discriminatory hiring policy. (3) Military necessity condones armed conflict and the destruction of enemy property in wartime. (4) Dictionaries use words like indispensable, unavoidable, and imperative to define it. (5) Few doctrines have relied on the necessity concept longer than eminent domain. In 1625, Hugo Grotius, the Dutch jurist credited with coining the phrase "eminent domain," described "extreme necessity" as one condition under which the State may alienate or destroy private property for a public purpose. (6) Necessity doctrine has influenced American land use since colonial times. As early as 1700, a Pennsylvania law required that "no such road shall be carried through any man's improved lands, but where there is a necessity for the same." (7) The concept appeared periodically in state court cases throughout the nineteenth century and remains present today.
 "Reviving Necessity in Eminent Domain." by Harvard Journal of Law & Public Policy " Book PDF Kindle ePub Free){kind=link}