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The decision making process in a Fif...

Hutt, Sherry.

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The decision making process in a Fifth Amendment taking for public lands managers.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The decision making process in a Fifth Amendment taking for public lands managers./
Author:	Hutt, Sherry.
Description:	199 p.
Notes:	Chair: Ronald Trosper.
Contained By:	Dissertation Abstracts International62-02B.
Subject:	Agriculture, Forestry and Wildlife. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3004019
ISBN:	0493131531

The decision making process in a Fifth Amendment taking for public lands managers.
Hutt, Sherry.

The decision making process in a Fifth Amendment taking for public lands managers. - 199 p.

Chair: Ronald Trosper.

Thesis (Ph.D.)--Northern Arizona University, 2001.

A number of case studies, gleaned from the Claims Court population, will be discussed to assist land managers in understanding the decision making process in practice.

ISBN: 0493131531Subjects--Topical Terms:

783690
Agriculture, Forestry and Wildlife.

The decision making process in a Fifth Amendment taking for public lands managers.
LDR:03695nam 2200337 a 45 001 931754
005 20110429
008 110429s2001 eng d
020 $a 0493131531
035 $a (UnM)AAI3004019
035 $a AAI3004019
040 $a UnM $c UnM
100 1 $a Hutt, Sherry. $3 556831
245 1 0 $a The decision making process in a Fifth Amendment taking for public lands managers.
300 $a 199 p.
500 $a Chair: Ronald Trosper.
500 $a Source: Dissertation Abstracts International, Volume: 62-02, Section: B, page: 0620.
502 $a Thesis (Ph.D.)--Northern Arizona University, 2001.
520 $a A number of case studies, gleaned from the Claims Court population, will be discussed to assist land managers in understanding the decision making process in practice.
520 $a This study seeks to arm public lands managers with formulas to predict a taking, and if a taking does exist, then to compute an award of just compensation.
520 $a When a taking does exist the property owner must be compensated. This study will also discuss compensation in the context of the Fifth Amendment, that is “just”, and offer formulas to compute a final award of just compensation.
520 $a The Fifth Amendment of the United States Constitution provides in part that: “nor shall private property be taken for public use without just compensation.” This guarantee of private property rights affects every decision made by public lands managers which will impact private property ownership. Each governmental undertaking must factor in any effect on private property, whether there is a physical taking for public use or an impact to private property for the public good. The questions of whether a taking exists, and if so, how to calculate compensation have not been answered by the courts in a manner that is instructive to land mangers who must predict takings in planning. A number of states have passed laws which jump into this void in order to assist state lands managers, but none of these laws clarify compensable ownership rights or provide a means to compute compensation.
520 $a The central assertion of this study is that formulas to assist public lands managers in decision making in Fifth Amendment takings situations can be identified, even in the absence of a finite Supreme Court definition of a taking. In the furtherance of a search for such formulas, this study first looks at Supreme Court takings cases to isolate the variables discussed by the court when Fifth Amendment issues are raised. Using Boolean analysis the study seeks to find the combination of variables which are present when the Supreme Court finds that a taking does exist. Since it is the United States Claims Court to which demands for compensation for Fifth Amendment takings are brought for actions involving federal lands and the federal government, a population of Claims Court cases rendered over the preceding ten years has been assembled and those decisions subjected to Boolean analysis, using the Supreme Court variables, to determine the likely combination of variables which will lead to a finding of a taking in the Claims Court. By converting legal opinions to algebraic expressions in the Boolean process, Supreme Court takings doctrine can be compared to the application of the doctrine in the Claims Court to reveal the areas of discrepancy.
590 $a School code: 0391.
650 4 $a Agriculture, Forestry and Wildlife. $3 783690
650 4 $a Agriculture, Range Management. $3 1022885
650 4 $a Law. $3 600858
690 $a 0398
690 $a 0478
690 $a 0777
710 2 0 $a Northern Arizona University. $3 783744
773 0 $t Dissertation Abstracts International $g 62-02B.
790 $a 0391
790 1 0 $a Trosper, Ronald, $e advisor
791 $a Ph.D.
792 $a 2001
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3004019