Property Rights Eminent Domain and Regulatory Takings Re Examined 1st Edition by Bruce L Benson ISBN 0230107796 9780230107793

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Product details:

ISBN 10: 0230107796 

ISBN 13: 9780230107793

Author: Bruce L. Benson

The U.S. Supreme Court decision in Kelo v. City of New London has become a dramatic focal point for the abuse 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. Property Rights now provides an in-depth and critical examination of the uses and abuses of eminent domain and regulatory 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 an outstanding group of scholars and experts, including 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

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Tags: Bruce L Benson, Property Rights, Eminent Domain, Regulatory Takings, Re-examined