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Government Takings: Determinants of Eminent Domain

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  • Carrie B. Kerekes

Abstract

There is a well-documented link between institutions of secure property rights and economic development. The increasing use of eminent domain to transfer property from one private owner to another for private benefit, upheld in the Supreme Court's controversial Kelo decision, undermines the security of property rights. While previous research examines the effect of eminent domain use, this paper explores which factors explain varying levels of eminent domain use for private benefit across states. The author finds that corruption, election of state Supreme Courts, federalism, and economic freedom are important determinants of eminent domain use for private benefit. Copyright 2011, Oxford University Press.

Suggested Citation

  • Carrie B. Kerekes, 2011. "Government Takings: Determinants of Eminent Domain," American Law and Economics Review, American Law and Economics Association, vol. 13(1), pages 201-219.
    • Handle: RePEc:oup:amlawe:v:13:y:2011:i:1:p:201-219
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    File URL: http://hdl.handle.net/10.1093/aler/ahq023
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    Citations

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    Cited by:

    1. Joshua Hall & David Yu, 2012. "Ranking the Economic Freedom of North America using dominetrics," Economics Bulletin, AccessEcon, vol. 32(3), pages 1949-1961.
    2. Kim, Iljoong & Park, Sungkyu, 2018. "Private takings: Empirical evidence of post-taking performance," Journal of Housing Economics, Elsevier, vol. 39(C), pages 25-32.
    3. Winn, Abel & McCarter, Matthew & DeSantis, Mark, 2018. "Land Assembly without Eminent Domain: Laboratory Experiments of Two Tax Mechanisms," Working Papers 07001, George Mason University, Mercatus Center.
    4. Steven P. Lanza & Thomas J. Miceli & C. F. Sirmans & Moussa Diop, 2013. "The Use of Eminent Domain for Economic Development in the Era of Kelo," Economic Development Quarterly, , vol. 27(4), pages 352-362, November.
    5. Yu, Peiyong, 2015. "The Effect of Eminent Domain on Private and Mixed Development on Property Values," Journal of Regional Analysis and Policy, Mid-Continent Regional Science Association, vol. 45(2).
    6. Cason, Timothy N. & Mui, Vai-Lam, 2015. "Rich communication, social motivations, and coordinated resistance against divide-and-conquer: A laboratory investigation," European Journal of Political Economy, Elsevier, vol. 37(C), pages 146-159.
    7. Kanazawa, Mark, 2023. "Politics and eminent domain: Evidence from the 1879 California constitution," Explorations in Economic History, Elsevier, vol. 90(C).
    8. Joshua C. Hall & Dean Stansel & Danko Tarabar, 2015. "Economic Freedom Studies at the State Level: A Survey," Working Papers 15-07, Department of Economics, West Virginia University.
    9. Ronit Levine‐Schnur, 2023. "Is the government exhausting its powers? An empirical examination of eminent domain exercises in New York City pre‐ and post‐Kelo," Regulation & Governance, John Wiley & Sons, vol. 17(2), pages 449-468, April.
    10. Hoehn, John P. & Adanu, Kwami, 2014. "What motivates voters’ support for eminent domain reform: Ownership, vulnerability, or ideology?," International Review of Law and Economics, Elsevier, vol. 37(C), pages 90-99.

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