The Neglected Political Economy Of Eminent Domain PDF Download
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| Author | : Nicole Stelle Garnett |
| Publisher | : |
| Total Pages | : 51 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Download The Neglected Political Economy of Eminent Domain Book in PDF, ePub and Kindle
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 |
Download Takings Book in PDF, ePub and Kindle
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 | : Il-chung Kim |
| Publisher | : Cambridge University Press |
| Total Pages | : 329 |
| Release | : 2017-04-06 |
| Genre | : Law |
| ISBN | : 1107177294 |
Download Eminent Domain Book in PDF, ePub and Kindle
A collection of essays that examines the use and abuse of eminent domain across the world.
| Author | : Robin Paul Malloy |
| Publisher | : Routledge |
| Total Pages | : 235 |
| Release | : 2016-04-15 |
| Genre | : Law |
| ISBN | : 1317075668 |
Download Private Property, Community Development, and Eminent Domain Book in PDF, ePub and Kindle
The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.
| Author | : Iljoong Kim |
| Publisher | : Cambridge University Press |
| Total Pages | : 329 |
| Release | : 2017-04-03 |
| Genre | : Law |
| ISBN | : 1316828670 |
Download Eminent Domain Book in PDF, ePub and Kindle
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 | : Thomas J. Miceli |
| Publisher | : Now Publishers Inc |
| Total Pages | : 67 |
| Release | : 2007 |
| Genre | : Eminent domain |
| ISBN | : 1601980426 |
Download The Economics of Eminent Domain Book in PDF, ePub and Kindle
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 | : Thomas J. Miceli |
| Publisher | : Cambridge University Press |
| Total Pages | : 215 |
| Release | : 2011-06-20 |
| Genre | : Political Science |
| ISBN | : 1139501305 |
Download The Economic Theory of Eminent Domain Book in PDF, ePub and Kindle
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 | : William A. Fischel |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2005 |
| Genre | : |
| ISBN | : |
Download The Political Economy of Public Use in Poletown Book in PDF, ePub and Kindle
This article argues that the use of eminent domain that was at issue in Poletown [304 N.W.2d 455 (Mich. 1981)] was flawed by fiscal constraints. The funding for the project, which leveled a thickly-settled neighborhood of Detroit in order to build an automobile plant, was provided almost entirely by the federal government. I argue that it is unlikely that the city of Detroit would have undertaken the project if it was required to raise its own funds to finance it or if the money had been given to the city by the federal government to do with as it pleased. The Michigan Supreme Court's intentions in Hathcock [684 N.W.2d 765 (Mich. 2004)] to forestall the use of eminent domain for Poletown-like economic development would be better served by an inquiry into the nature of the financing of the projects than a categorical ban on them.
| Author | : Dziwornu Kwami Adanu |
| Publisher | : |
| Total Pages | : 256 |
| Release | : 2009 |
| Genre | : Eminent domain |
| ISBN | : |
Download Essays in the Political Economy of Eminent Domain and Efficient Water Resource Management Book in PDF, ePub and Kindle
| Author | : B. Benson |
| Publisher | : Springer |
| Total Pages | : 324 |
| Release | : 2010-06-07 |
| Genre | : Business & Economics |
| ISBN | : 0230107796 |
Download Property Rights Book in PDF, ePub and Kindle
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.
