The Tucker Act Shuffle Relief Act of 1997: Hearing Before the Subcommittee on Immigration and Claims of the Committee on the Judiciary House of Representatives, One Hundred Fifth Congress, First Session on H.R. 992, September 10, 1997U.S. Government Printing Office, 1999 - 72 lappuses |
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38. lappuse
... or otherwise not in accordance with law ; ( B ) contrary to constitutional right , power , privilege , or immunity ; ( C ) in excess of statutory jurisdiction , authority , or limitations , or short of statutory right ; ( D ) without ...
... or otherwise not in accordance with law ; ( B ) contrary to constitutional right , power , privilege , or immunity ; ( C ) in excess of statutory jurisdiction , authority , or limitations , or short of statutory right ; ( D ) without ...
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Acheson Administrative Procedure Act affecting property rights agency action Army Corps Article I courts BAIRD bill Bowen Chairman citizens claimants Claims Court compensation Congress Corps of Engineers court jurisdiction Court of Appeals Court of Claims Court of Federal decision District Engineer Echeverria eral Claims Federal Circuit Federal Claims federal court Federal District Court Fifth Amendment filed forum shopping hear injunctive relief invalidation issue Judge Doumar Judge SMITH judicial power judicial review Justice Kinnard landowner legislation litigation LLANO COUNTY Loveladies Harbor Lud Ullman Marzulla monetary relief oil spill permit application permit denial plaintiff PREPARED STATEMENT private property rights problem questions regulation regulatory regulatory takings repeal review of agency SMITH OF TEXAS suit Supreme Court taking clause takings claims Thank tion tort tort claims Tucker Act Shuffle types of claims U.S. Court U.S. District Court Ullmann unconstitutional Virginia WATT wetlands
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36. lappuse - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.
27. lappuse - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
36. lappuse - B ) hold unlawful and set aside agency action, findings, and conclusions found to be ( 1 ) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
45. lappuse - Brennan observed that the procedural difficulty in vindicating constitutional rights "exacts a severe penalty from citizens for their attempt to exercise rights of access to the federal courts granted them by Congress to deny them 'that promptness of decision which in all judicial actions is one of the elements of justice.
36. lappuse - The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law...
36. lappuse - ... reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing- court.
37. lappuse - It is as much the duty of government to render prompt justice against itself in favor of citizens as it is to administer the same between private individuals.
33. lappuse - The general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.
3. lappuse - An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable...
1. lappuse - no person shall ... be deprived of ... property without due process of law, nor shall private property be taken for public use without just compensation...