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Author: Il-chung Kim
Publisher: Cambridge University Press
ISBN: 1107177294
Category : Law
Languages : en
Pages : 329
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Book Description
A collection of essays that examines the use and abuse of eminent domain across the world.
Author: Il-chung Kim
Publisher: Cambridge University Press
ISBN: 1107177294
Category : Law
Languages : en
Pages : 329
Get Book Here
Book Description
A collection of essays that examines the use and abuse of eminent domain across the world.
Author: Thomas J. Miceli
Publisher: Now Publishers Inc
ISBN: 1601980426
Category : Eminent domain
Languages : en
Pages : 67
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Book Description
The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
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Book Description
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Author: Joaquin Jay Gonzalez III,
Publisher: McFarland
ISBN: 1476632413
Category : Business & Economics
Languages : en
Pages : 310
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Book Description
Eminent domain is integral to a government's legal ability to take private property for a public purpose. If used correctly, the owners are paid the fair market value for their property, few citizens are inconvenienced and everyone benefits. Bad-faith abuses of eminent domain typically make the front pages of news outlets, and receive news coverage from television stations, in cities throughout our nation. To educate citizens and prevent future abuse, this book exposes both the good and the bad aspects of government's ability to use their power of eminent domain to acquire private property.
Author: Iljoong Kim
Publisher: Cambridge University Press
ISBN: 1316828670
Category : Law
Languages : en
Pages : 329
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Book Description
The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.
Author: Philip Nichols
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 880
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Book Description
Author: Hans-Bernd Schäfer
Publisher:
ISBN:
Category :
Languages : en
Pages : 39
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Book Description
In this paper, we have modeled and examined effects of two salient features of the eminent domain law and its use. First, in most legal orders the compensation for taking of land property is less than full compensation according to the 'differential method' used under civil liability. Second, the government is not a perfect agent of the society. While making the takings decisions it has interests of its own which are not always the same as the social interests. Once these two features are factored in, several of the claims in the existing literature on eminent domain do not hold. Our findings question the 'fiscal illusion' based theory of the government's behavior. We have shown that when the government is self-seeking, full compensation ensures neither that the takings will be efficient nor that the project choice will be in the social interest. On top of that there will be excessive investments by property owners. This outcome cannot be improved even if the full compensation is supplemented with a legal provision of an action for restitution. However, the outcome is better if under-compensation is combined with the provision of restitution against unlawful takings. This combination delivers an outcome which is better than the outcome under full compensation on the following three counts: One, investment levels are more efficient; two, a taking happens only if it contributes to the social welfare; three, the project choice by the government is also better.Further, we have shown that fixed-compensation schemes including no-compensation, do not ensure efficient outcome even if the government is assumed to be benevolent. However, under-compensation can still deliver outcome more effcient than the full compensation.Finally, we have shown that if the taking is for a private investor, the full compensation to the affected parties can be a reasonable approach for efficient use of eminent domain.
Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022625660X
Category : Business & Economics
Languages : en
Pages : 369
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Book Description
Ilya Somin s "The Grasping Hand: "Kelo v. New London" and the Limits of Eminent Domain" is the definitive review of one of the most controversial Supreme Court cases of the 21st century. Somin provides a thorough analysis of the case s historic and factual background along with the broader history of American public-purpose takings and the challenges posed by economic-development takings. The book offers a detailed account of the trajectory of the "Kelo" case itself, from the neighbors electing to fight their eviction through finding legal representation via a collection of strange-bedfellow public-interest groups. The litigators strategies are examined and Somin brings us into the Supreme Court to scrutinize the thrust and parry of oral argument. Somin s close reading and incisive critique of the "Kelo" opinion is the heart of the book. Holding that the Court made several serious doctrinal errors, Somin carefully parses the majority opinion, concurrences, and dissents to show where the Justices went wrong, and even offers some responsible speculation about why. A notably unpopular verdict, "Kelo" sparked significant political backlash. Somin takes a qualitative and quantitative tour through the large number of new state laws passed in the wake of "Kelo," studying the mechanisms by which they were passed, their effectiveness, and public awareness of these new laws. The work concludes with recommendations toward reform, or prohibition, of takings justified on the premise of blight or hoped-for private economic development."
Author: Carman Fitz Randolph
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 604
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Book Description
Author: B. Benson
Publisher: Springer
ISBN: 0230107796
Category : Business & Economics
Languages : en
Pages : 324
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Book Description
In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.
