The Economic Theory of Eminent Domain PDF Download
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Author: Thomas J. Miceli
Publisher: Cambridge University Press
ISBN: 1139501305
Category : Political Science
Languages : en
Pages : 215
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Book Description
Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.
Author: Thomas J. Miceli
Publisher: Cambridge University Press
ISBN: 1139501305
Category : Political Science
Languages : en
Pages : 215
Get Book Here
Book Description
Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.
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: Joaquin Jay Gonzalez III,
Publisher: McFarland
ISBN: 1476632413
Category : Business & Economics
Languages : en
Pages : 309
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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: 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:
ISBN: 9781316831649
Category : LAW
Languages : en
Pages :
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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:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
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: Nicholas Mercuro
Publisher: Springer Science & Business Media
ISBN: 9401129584
Category : Political Science
Languages : en
Pages : 240
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Book Description
While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
Author: Iljoong Kim
Publisher:
ISBN: 9781316831311
Category : Eminent domain
Languages : en
Pages : 316
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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: Iljoong Kim
Publisher: Cambridge University Press
ISBN: 1316828670
Category : Law
Languages : en
Pages : 329
Get Book Here
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.
