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.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations.
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.
In Batten v. United States,^ the question, as stated by the court, was "whether a taking of property, compensable under the Fifth Amendment, occurs when there is no physical invasion of the affected property but the operation and ...
This book provides information on the purposes for and extent to which eminent domain can be and has been used; the process states and select localities across the country use to acquire land, including by eminent domain; how the use of ...
Richard Rypinski, author of the first two editions of Eminent Domain, is now retired from the practice of law, after a long career in both public and private practice.
Lambert, Bills and Acts, 133-34; Thompson, Making of the English Working Class, 237, and Customs in Common, 97-184; cf. Bentham, Theory of Legislation, 144. 40. Stoebuck, “General Theory,” 575-79; Treanor, “Origins,” 697 n. and Western ...
9 Richard Nixon, Introduction, Council on Environmental Quality, FIRST ANNUAL REPORT (1970), xii-xiii. ... See also M. Bruce Johnson, Land Use Planning and Control by the Federal Government, in NO LAND IS AN ISLAND (San Francisco: ...
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.
For instance, price controls seek to influence the nature of the prices that the market process would generate absent that intervention. Similarly, zoning laws, which are regulations that restrict the uses of land and buildings, ...
Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse.