Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Essays In The Political Economy Of Eminent Domain And Efficient Water Resource Management PDF full book. Access full book title Essays In The Political Economy Of Eminent Domain And Efficient Water Resource Management.
| Author | : Dziwornu Kwami Adanu |
| Publisher | : |
| Total Pages | : 256 |
| Release | : 2009 |
| Genre | : Eminent domain |
| ISBN | : |
| Author | : Il-chung Kim |
| Publisher | : Cambridge University Press |
| Total Pages | : 329 |
| Release | : 2017-04-06 |
| Genre | : Law |
| ISBN | : 1107177294 |
A collection of essays that examines the use and abuse of eminent domain across the world.
| Author | : Thomas J. Miceli |
| Publisher | : Now Publishers Inc |
| Total Pages | : 67 |
| Release | : 2007 |
| Genre | : Eminent domain |
| ISBN | : 1601980426 |
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 | : B. Benson |
| Publisher | : Springer |
| Total Pages | : 324 |
| Release | : 2010-06-07 |
| Genre | : Business & Economics |
| ISBN | : 0230107796 |
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.
| Author | : Thomas J. Miceli |
| Publisher | : Cambridge University Press |
| Total Pages | : 215 |
| Release | : 2011-06-20 |
| Genre | : Political Science |
| ISBN | : 1139501305 |
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 | : Nicole Stelle Garnett |
| Publisher | : |
| Total Pages | : 51 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
This Article challenges a foundational assumption about eminent domain - namely, that owners are systematically undercompensated because they receive only fair market value for their property. The Article shows that, in fact, scholars have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of eminent domain. The Article examines three ways that Takers (i.e., non-judicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high-subjective-value properties. Second, Takers frequently must pay more compensation in the form of relocation assistance. Third, Takers and property owners may voluntarily settle on above-market compensation during pre-condemnation negotiations. The Article concludes by reflecting upon current efforts to reform eminent domain legislatively. Prominent legal scholars recently have proposed compensation-based reforms as an alternative to constraints on the use of eminent domain. The final Part rejects this suggestion, arguing that there are two problems, unique to takings raising public use questions, that more money cannot solve: First, high compensation levels may undermine political resistance to questionable projects; second, private takings may generate non-instrumental harms that will persist even as compensation increases.
| Author | : Richard A. Epstein |
| Publisher | : Harvard University Press |
| Total Pages | : 377 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674036557 |
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 |
| Total Pages | : 310 |
| Release | : 2018-05-12 |
| Genre | : Business & Economics |
| ISBN | : 1476632413 |
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 |
| Total Pages | : 329 |
| Release | : 2017-04-03 |
| Genre | : Law |
| ISBN | : 1316828670 |
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 | : Harold L. Amoss |
| Publisher | : |
| Total Pages | : |
| Release | : 1970 |
| Genre | : |
| ISBN | : |
