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 has resulted in a widespread backlash. State
legislatures all over the country have responded to the backlash by
considering, and often attempting to impose, new constraints on the
ability of local governments to take property from one private party and
transfer it to another. There has also been a revival of academic
interest in the issues of eminent domain and of takings.
Property
Rights explores the uses and abuses of eminent domain and regulatory
takings in four areas: proposed constraints on the use of eminent
domain, compensation issues in theory and practice, eminent domain from a
public choice perspective, and the spillover costs of takings. 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, and
experts on land value determination, land-use policy, environmental
regulation, regulatory policy, entrepreneurial activities, and economic
behavior.
Table of Contents
1. Introduction: Eminent Domain, Regulation, and the Takings Backlash
Bruce L. Benson
2. Assembling Land for Urban Redevelopment: The Case for Owner Participation
Steven J. Eagle
3. The Proper Uses of Eminent Domain for Urban Redevelopment: Is Eminent Domain Necessary?
Samuel R. Staley
4. Compensation for Taking When Both Equity and Efficiency Matter
Paul Niemann and Perry Shapiro
5. How Fair Is Market Value? An Appraiser’s Report of Temptations, Deficiencies, and Distortions in the Condemnation Process
Wallace Kaufman
6.
The Inadequacy of the Planning Process for Protecting Property Owners
from the Abuse of Eminent Domain for Private Development
Scott G. Bullock
7. The Limits of Backlash: Assessing the Political Response to Kelo
Ilya Somin
8. Eminent Domain for Private Use: Is It Justified by Market Failure or an Example of Government Failure?
Bruce L. Benson and Matthew Brown
9. Land Grab: Takings, The Market Process, and Regime Uncertainty
Peter J. Boettke, Christopher J. Coyne, and Peter T. Leeson
10. The Adverse Environmental Consequences of Uncompensated Land-Use Controls
Jonathan H. Adler
11. Markets versus Takings and Regulation: Deciding the Future of the Past
Matthew Brown and Richard L. Stroup
12. Below-Market Housing Mandates as Takings: Measuring their Impact
Tom Means, Edward Stringham and Edward López
13. Conclusion: Instability and Inefficiency Are the Inevitable Results of Government Planning and Regulatory Implementation
Bruce L. Benson