Eminent Domain

Author: Iljoong Kim
Publisher: Cambridge University Press
ISBN: 1316828670
Format: PDF, Kindle
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The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

Before Eminent Domain

Author: Susan Reynolds
Publisher: Univ of North Carolina Press
ISBN: 0807833533
Format: PDF, Mobi
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In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in

Eminent Domain Taking law from an economic perspective Hans Bernd Schafer 2 Eminent domain in the United States Ilya Somain 3 Direct expropriation the multi layered legal protection in Europe Anne van Aaken 4 Eminent domain law in Taiwan new law old practice Yun chien Chang 5 Compulsory land acquisition in developing countries shifting paradigm or entrenched legacy Jonathan Lindsay Klaus Deininger and Thea Hilhorst 6 Public interest criteria and Korea s scrutiny system Hojun Lee 7 Who exercises the eminent domain power in Korea with focus on private takings Iljoong Kim 8 Just compensation in eminent domain in Korea from the perspective of fairness Byungkoo Cho 9 Overall due process in takings in Korea Kisang Jung 10 Distribution of development surplus in takings Sungkyu Park 11 Takings disputes and resolutions in Korea a quantitative review Duol Kim

Author: Iljoong Kim
Publisher:
ISBN: 9781316831311
Format: PDF, ePub, Mobi
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The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022645682X
Format: PDF, Docs
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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Takings International

Author: R. Alterman
Publisher: American Bar Association
ISBN: 9781604425505
Format: PDF
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This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

Property and Human Flourishing

Author: Gregory S. Alexander
Publisher: Oxford University Press
ISBN: 0190860758
Format: PDF, ePub
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Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

Private Property Community Development and Eminent Domain

Author: Robin Paul Malloy
Publisher: Routledge
ISBN: 1317075668
Format: PDF
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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

The Oxford Handbook of Land Economics

Author: JunJie Wu
Publisher: Oxford University Press
ISBN: 0199763747
Format: PDF, Kindle
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What do economists know about land-and how they know? The Oxford Handbook of Land Economics describes the latest developments in the fields of economics that examine land, including natural resource economics, environmental economics, regional science, and urban economics. The handbook argues, first, that land is a theme that integrates these fields and second, that productive integration increasingly occurs not just within economics but also across disciplines. Greater recognition and integration stimulates cross-fertilization among the fields of land economics research. By providing a comprehensive survey of land-related work in several economics fields, this handbook provides the basic tools needed for economists to redefine the scope and focus of their work to better incorporate the contemporary thinking from other fields and to push out the frontiers of land economics. The first section presents recent advances in the analysis of major drivers of land use change, focusing on economic development and various land-use markets. The second section presents economic research on the environmental and socio-economic impacts of land use and land use change. The third section addresses six cutting-edge approaches for land economics research, including spatial econometric, simulation, and experimental methods. The section also includes a synthetic chapter critically reviewing methodological advances. The fourth section covers policy issues. Four chapters disentangle the economics of land conservation and preservation, while three chapters examine the economic analysis of the legal institutions of land use. These chapters focus on law and economic problems of permissible government control of land in the U.S. context.

Eminent Domain Use and Abuse

Author: Dwight H. Merriam
Publisher: American Bar Association
ISBN: 9781590316382
Format: PDF, Docs
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This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.

Women and Public Service

Author: Mohamad G. Alkadry
Publisher: M.E. Sharpe
ISBN: 0765631059
Format: PDF, Mobi
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This book tackles the challenges that women face in the workplace generally and in the public sector particularly. While it spends time identifying and describing the problems that women faced in the past, it pays special attention to identifying possible remedies to these problems, and also surveys progress made in recent decades.