Property Rights: Eminent Domain and Regulatory Takings Re-examined
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The U.S. Supreme Court decision, Kelo v. New London, has become a dramatic focal point for the broad use of eminent domain by the government, and resulted in a widespread backlash. This comprehensive book brings together a diverse group of scholars and experts to explain the implications of this decision. Contributors include the attorney who represented Susette Kelo before the U.S. Supreme Court, the legal scholar who wrote Regulatory Takings, an expert on land value determination, an economist, and others who have socialized knowledge of land-use policy, environmental regulation, regulatory policy, entrepreneurial activities, and economic behavior.
List of Figures and TablesAcknowledgments1 Introduction: Eminent Domain, Regulation, and the Takings Backlash Bruce L. Benson Benson, Bruce L. 12 Assembling Land for Urban Redevelopment: The Case for Owner Participation Steven J. Eagle Eagle, Steven J. 73 The Proper Uses of Eminent Domain for Urban Redevelopment: Is Eminent Domain Necessary? Samuel R. Staley Staley, Samuel R. 274 Compensation for Taking When Both Equity and Efficiency Matter Perry Shapiro Shapiro, Perry 555 How Fair Is Market Value? An Appraiser's Report of Temptations, Deficiencies, and Distortions in the Condemnation Process Wallace Kaufman Kaufman, Wallace 776 The Inadequacy of the Planning Process for Protecting Property Owners from the Abuse of Eminent Domain for Private Development Scott G. Bullock Bullock, Scott G. 897 The Limits of Backlash: Assessing the Political Response to Kelo Ilya Somin Somin, Ilya 1018 Eminent Domain for Private Use: is it Justified by Market Failure or an Example of Government Failure? Matthew Brown Brown, Matthew 1499 Land Grab: Takings, the Market Process, and Regime Uncertainty Peter T. Leeson Leeson, Peter T. 17310 The Adverse Environmental Consequences of Uncompensated Land-Use Controls Jonathan H. Adler Adler, Jonathan H. 18711 Markets versus Takings and Regulation: Deciding the Future of the Past Richard L. Stroup Stroup, Richard L. 21112 Below-Market Housing Mandates as Takings: Measuring Their Impact Edward J. Lopez Lopez, Edward J. 23913 Conclusion: Instability and Inefficiency are the Inevitable Results of Government Planning and Regulatory Implementation Bruce L. Benson Benson, Bruce L. 257About the Contributors 301Index 305
