Property Rights and Eminent Domain
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...
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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."
Acknowledgments 1 Introduction 31 Environmentalism and Property Rights 7 The Land-Use Battleground 7 Environmentalism: The Battle over Who Should Control the Land 14 The Eminent Domain Power: How Innocuous Is It? 28 The Police Power Run Amuck 372 The Genesis and Development of the Eminent Domain and Police Powers 71 The Sovereign's Power of Eminent Domain 72 The Police Power: Its Early Life and Peculiar Development 103 Zoning and Land Use: "What Can I Build and Where Can I Build It?" 148 Conclusion 1583 The Right to Private Property: Does it Exist? Where Does It Come From? Is Absolutism Defensible? 185 The Problem 185 Property Theories and Property Defenses 193 Can a Natural Right to Property be Defended? 2244 Conclusion: Resolving the Constitutional Muddle 247 The State: Its Derivation and Limits 248 Eminent Domain and Police Power: Ideal World 254 Eminent Domain and Police Power: Real World 261 Real World: Summation 266 Index of Legal Cases 271 General Index 273
