Property Rights: Eminent Domain and Regulatory Takings Re-examined
In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings. Two authors propose additional constraints on eminent-domain powers, one chapter considers compensation determination theoretically, another describes compensation determination in practice, three...
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In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings. Two authors propose additional constraints on eminent-domain powers, one chapter considers compensation determination theoretically, another describes compensation determination in practice, three authors explore the politics of takings including post-Kelo legislation, four chapters examine unintended consequences of takings, and the concluding chapter explains the inherent political instability and economic inefficiency resulting from land-use regulation.
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
