Property Rights and Eminent Domain
- ISBN-10
- 1351496263
- ISBN-13
- 9781351496261
- Category
- Law
- Pages
- 283
- Language
- English
- Published
- 2017-09-29
- Publisher
- Routledge
- Author
- Ellen Frankel Paul
Description
In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
Get the book
Other editions
Similar books
-
Evicted! Property Rights and Eminent Domain in America: Property Rights and Eminent Domain in America
By David SchultzSchultz 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.
-
Takings: Private Property and the Power of Eminent Domain
By Richard A. EpsteinIn 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 ...
-
Eminent Domain Use and Abuse: Kelo in Context
By Dwight H. Merriam, Mary Massaron RossThis book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London.
-
Property Rights: Eminent Domain and Regulatory Takings Re-Examined
By B. BensonFor 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, ...
-
Taking of Property
By United Nations Conference on Trade and DevelopmentExamination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property...
-
The Guardian of Every Other Right: A Constitutional History of Property Rights
By James W. ElyThis book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights.
-
Private Property and Public Power: Eminent Domain in Philadelphia
By Deborah Lynn Becher, Debbie BecherThis volume explores the legitimacy of government involvement in private economic actions by presenting a study of property takings.
-
Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good
By Susan ReynoldsLambert, 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 ...
-
Cornerstone of Liberty: Property Rights in 21st Century America
By Timothy SandefurNever . . . since I've been on this Board.”88 Citizens who continued to express doubts were shushed, or ignored outright: [l]n the exchange between Mayor Briare and a Mrs. Clark . . . Mrs. Clark seeks to learn if ...
-
Eminent Domain: A Comparative Perspective
By Ilya Somin, Iljoong Kim, Hojun LeeThis edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world.