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An Empirical Study of Compensation Paid in Eminent Domain Settlements: New York City, 1990-2002

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  • Yun-chien Chang

Abstract

No large-scale empirical study on condemnation compensation has been done in the past 30 years. Several state legislatures, in response to Kelo v. City of New London, have changed laws to increase condemnation compensation, despite the lack of empirical grounds. To fill in the empirical gap, I use hedonic regression models and about 80,000 sales to estimate the fair market value (FMV) of 430 condemned properties whose owners reached compensation settlements with the condemnor, New York City, between 1990 and 2002. More than 50 percent of these condemnees were compensated with less than FMV, about 40 percent received more than FMV, and less than 10 percent received FMV. Owners of residential properties and nonresidential properties alike often received extreme compensations that are less than 50 percent or more than 150 percent of FMV. Extreme compensation results from bias-prone and inaccurate appraisal methods. Using the available data, I find that compensation level does not correlate with any factor. (c) 2010 by The University of Chicago. All rights reserved.

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  • Yun-chien Chang, 2010. "An Empirical Study of Compensation Paid in Eminent Domain Settlements: New York City, 1990-2002," The Journal of Legal Studies, University of Chicago Press, vol. 39(1), pages 201-244, January.
    • Handle: RePEc:ucp:jlstud:v:39:y:2010:i:1:p:201-244
    DOI: 10.1086/605095
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    1. Dye, Richard F. & McMillen, Daniel P., 2007. "Teardowns and land values in the Chicago metropolitan area," Journal of Urban Economics, Elsevier, vol. 61(1), pages 45-63, January.
    2. Ioan Voicu & Vicki Been, 2008. "The Effect of Community Gardens on Neighboring Property Values," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 36(2), pages 241-283, June.
    3. Yannis M. Ioannides & Jeffrey E. Zabel, 2003. "Neighbourhood effects and housing demand," Journal of Applied Econometrics, John Wiley & Sons, Ltd., vol. 18(5), pages 563-584.
    4. McMillen, Daniel P., 2008. "Changes in the distribution of house prices over time: Structural characteristics, neighborhood, or coefficients?," Journal of Urban Economics, Elsevier, vol. 64(3), pages 573-589, November.
    5. N. Edward Coulson & Daniel P. McMillen, 2007. "The Dynamics of Intraurban Quantile House Price Indexes," Urban Studies, Urban Studies Journal Limited, vol. 44(8), pages 1517-1537, July.
    6. Coulson, N Edward & Leichenko, Robin M, 2001. "The Internal and External Impact of Historical Designation on Property Values," The Journal of Real Estate Finance and Economics, Springer, vol. 23(1), pages 113-124, July.
    7. Curran, Christopher & Schrag, Joel, 2000. "Does It Matter Whom an Agent Serves? Evidence from Recent Changes in Real Estate Agency Law," Journal of Law and Economics, University of Chicago Press, vol. 43(1), pages 265-284, April.
    8. Phil Graves & James C. Murdoch & Mark A. Thayer & Don Waldman, 1988. "The Robustness of Hedonic Price Estimation: Urban Air Quality," Land Economics, University of Wisconsin Press, vol. 64(3), pages 220-233.
    9. Schwartz, Amy Ellen & Ellen, Ingrid Gould & Voicu, Ioan & Schill, Michael H., 2006. "The external effects of place-based subsidized housing," Regional Science and Urban Economics, Elsevier, vol. 36(6), pages 679-707, November.
    10. Evans, Alan W., 1999. "The land market and government intervention," Handbook of Regional and Urban Economics, in: P. C. Cheshire & E. S. Mills (ed.), Handbook of Regional and Urban Economics, edition 1, volume 3, chapter 42, pages 1637-1669, Elsevier.
    11. Michael H. Schill & Ioan Voicu & Jonathan Miller, 2007. "The Condominium versus Cooperative Puzzle: An Empirical Analysis of Housing in New York City," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 275-324, June.
    12. Terrence M. Clauretie & William Kuhn & R. Keith Schwer, 2004. "Residential Properties Taken Under Eminent Domain: Do Government Appraisers Track Market Values?," Journal of Real Estate Research, American Real Estate Society, vol. 26(3), pages 317-328.
    13. Cunningham, Christopher R., 2006. "House price uncertainty, timing of development, and vacant land prices: Evidence for real options in Seattle," Journal of Urban Economics, Elsevier, vol. 59(1), pages 1-31, January.
    14. Peiser, Richard B., 1987. "The determinants of nonresidential urban land values," Journal of Urban Economics, Elsevier, vol. 22(3), pages 340-360, November.
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    3. Uyanik, Metin & Yengin, Duygu, 2023. "Expropriation power in private dealings: Quota rule in collective sales," Games and Economic Behavior, Elsevier, vol. 141(C), pages 548-580.
    4. Paradza Partson & Yacim Joseph Awoamim & Zulch Benita, 2021. "Consistency and Fairness of Property Valuation for Compensation for Land and Improvements in Zimbabwe," Real Estate Management and Valuation, Sciendo, vol. 29(4), pages 67-84, December.
    5. Glaeser, Edward L. & Ponzetto, Giacomo A.M., 2018. "The political economy of transportation investment," Economics of Transportation, Elsevier, vol. 13(C), pages 4-26.
    6. Hu, Jianfeng & Low, Kelvin F.K. & Zhang, Wei, 2022. "The value of fiduciary duties: Evidence from en bloc sales in Singapore," International Review of Law and Economics, Elsevier, vol. 72(C).
    7. Winn, Abel M. & McCarter, Matthew W., 2018. "Who's holding out? An experimental study of the benefits and burdens of eminent domain," Journal of Urban Economics, Elsevier, vol. 105(C), pages 176-185.
    8. Zillante, Artie & Read, Dustin C. & Seiler, Michael J., 2020. "Assembling land for urban revitalization in the presence of linchpin parcels and information asymmetries: An experimental investigation," Land Use Policy, Elsevier, vol. 99(C).
    9. Carl Kitchens, 2014. "The use of eminent domain in land assembly: The case of the Tennessee Valley Authority," Public Choice, Springer, vol. 160(3), pages 455-466, September.
    10. Portillo, Javier E., 2019. "Land-assembly and externalities: How do positive post-development externalities affect land aggregation outcomes?," Regional Science and Urban Economics, Elsevier, vol. 77(C), pages 104-124.
    11. 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.
    12. Chen, Daniel L. & Yeh, Susan, 2016. "Government Expropriation Increases Economic Growth and Racial Inequality: Evidence from Eminent Domain," TSE Working Papers 16-693, Toulouse School of Economics (TSE).

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