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Eminent Domain and Economic Growth by Joaquin Jay Gonzalez III,,Roger L. Kemp,Jonathan Rosenthal Pdf
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.
The Economics of Eminent Domain by Thomas J. Miceli,Kathleen Segerson Pdf
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.
Eminent Domain by Il-chung Kim,Hojun Lee,Ilya Somin Pdf
"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"--
Eminent Domain: Taking law from an economic perspective Hans-Bernd Schafer; 2. Eminent domain in the United States Ilya Somain; 3. Direct expropriation: the multi-layered legal protection in Europe Anne van Aaken; 4. Eminent domain law in Taiwan: new law, old practice? Yun-chien Chang; 5. Compulsory land acquisition in developing countries: shifting paradigm or entrenched legacy? Jonathan Lindsay, Klaus Deininger and Thea Hilhorst; 6. Public interest criteria and Korea's scrutiny system Hojun Lee; 7. Who exercises the eminent domain power in Korea: with focus on private takings Iljoong Kim; 8. Just compensation in eminent domain in Korea: from the perspective of fairness Byungkoo Cho; 9. Overall due process in takings in Korea Kisang Jung; 10. Distribution of development surplus in takings Sungkyu Park; 11. Takings, disputes, and resolutions in Korea: a quantitative review Duol Kim by Iljoong Kim Pdf
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.
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
The Economic Theory of Eminent Domain by Thomas J. Miceli Pdf
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.
Securing Property Rights in Transition: Lessons from Implementation of China's Rural Land Contracting Law by Songqing Jin Pdf
This paper is motivated by the emphasis on secure property rights as a determinant of economic development in recent literature. The authors use village and household level information from about 800 villages throughout China to explore whether legal reform increased protection of land rights against unauthorized reallocation or expropriation with below-average compensation by the state. The analysis provides nation-wide evidence on a sensitive topic. The authors find positive impacts, equivalent to increasing land values by 30 percent, of reform even in the short term. Reform originated in villages where democratic election of leaders ensured a minimum level of accountability, pointing toward complementarity between good governance and legal reform. The paper explores the implications for situations where individuals and groups hold overlapping rights to land.
The Enforcement of Property Rights and Underdevelopment by Ms. Era Dabla-Norris,Mr. Scott Freeman Pdf
This paper formalizes the role of legal infrastructure in economic development in a general equilibrium model with endogenously determined property rights enforcement. It illustrates the mutual importance of property rights protection and market production by the model’s multiplicity of equilibria. In one equilibrium, property rights are enforced and market activity is unhampered. In the other, property rights are not enforced, which discourages economic activity and leaves the economy without the resources and incentives to enforce property rights. Even identically endowed economies may therefore find themselves in very different equilibria.
Eminent Domain by Iljoong Kim,Hojun Lee,Ilya Somin Pdf
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 : Dwight H. Merriam,Mary Massaron Ross Publisher : American Bar Association Page : 376 pages File Size : 44,7 Mb Release : 2006 Category : Business & Economics ISBN : 159031638X
Eminent Domain Use and Abuse by Dwight H. Merriam,Mary Massaron Ross Pdf
This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.
United States. Congress. House. Committee on Financial Services. Subcommittee on Housing and Community Opportunity
Author : United States. Congress. House. Committee on Financial Services. Subcommittee on Housing and Community Opportunity Publisher : Unknown Page : 120 pages File Size : 42,9 Mb Release : 2006 Category : Law ISBN : PSU:000058949412
Property Rights, Land Values and Urban Development by Li Tian Pdf
This book presents an analysis of betterment and compensation issues under the Land Use Rights (LURs) System in China since 1988. The topic originates from the observation of widening inequity and increasing uncertainty associated with the failure of g
Planning Local Economic Development by Edward J. Blakely,Nancey Green Leigh Pdf
Since the appearance of the first edition in 1990, Planning Local Economic Development has become the foundation for an entire generation of planners and academics teaching planning. Building on the success of its predecessors, the Fourth Edition continues to explore the theories of local economic development and address the dilemmas communities face. The authors investigate planning processes, analytical techniques, business and human resource development, as well as high-technology economic development strategies. Written by authors with many years of academic, regional, and city planning experience, this book will prove invaluable to professors of economic development, urban studies, and public administration. Economic development specialists in local and municipal government, as well as nonprofit organizations, will also find this an essential reference. New to the Fourth Edition: - Completely revised and updated with current research - Provides more guidance oriented to third world readers - Includes more on issues of urban sustainability such as energy and brown field development - Contains added material on the redesign of neighborhoods for sustainable purposes to include new firms and recycling techniques and technologies as new economic engines
