The Economic Theory of Eminent Domain

Erscheinungsjahr 2011
ISBN: 978-0-521-18297-3
Verlag: Cambridge University Press

Buch, Englisch, 216 Seiten, Paperback, Format (B × H): 152 mm x 229 mm, Gewicht: 358 g

Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.

Autoren/Hrsg.

Miceli, Thomas J.

Fachgebiete

• Wirtschaftswissenschaften Volkswirtschaftslehre Volkswirtschaftslehre Allgemein Wirtschaftstheorie, Wirtschaftsphilosophie

Inhaltsverzeichnis

Preface; 1. Introduction: a framework for analysis; 2. Public use; 3. Just compensation; 4. Land use incentives; 5. Regulatory takings; 6. Conclusion: what does economic theory teach us about eminent domain?; Appendix; List of cases.

Über Autor(innen)

Miceli, Thomas J.
Thomas J. Miceli is Professor of Economics at the University of Connecticut, Storrs, where he has taught since 1987. He is a recognized scholar in the fields of law and economics and urban economics and he has published widely in such journals as The Journal of Legal Studies, The Journal of Law and Economics and The Rand Journal of Economics. The Economic Theory of Eminent Domain is his fifth book. Professor Miceli received his Ph.D. from Brown University in 1988.