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Takings

Author

Listed:
  • Thomas J. Miceli

    (University of Connecticut)

  • Kathleen Segerson

    (University of Connecticut)

Abstract

This entry discusses the economics of eminent domain, which is the government’s power to take or regulate privately owned property for the common good. It discusses the origins of the power as well as its limits, particularly as embodied in the public use and just compensation requirements. It also reviews the economics literature on how eminent domain affects incentives for efficient land use.

Suggested Citation

  • Thomas J. Miceli & Kathleen Segerson, 2014. "Takings," Working papers 2014-17, University of Connecticut, Department of Economics.
    • Handle: RePEc:uct:uconnp:2014-17
    Note: Forthcoming in the Encyclopedia of Law and Economics, J. Backhaus, editor
    as

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    File URL: https://media.economics.uconn.edu/working/2014-17.pdf
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    References listed on IDEAS

    as
    1. Nosal, Ed, 2001. "The taking of land: market value compensation should be paid," Journal of Public Economics, Elsevier, vol. 82(3), pages 431-443, December.
    2. Miceli, Thomas J. & Segerson, Kathleen, 2007. "The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation," Foundations and Trends(R) in Microeconomics, now publishers, vol. 3(4), pages 275-329, July.
    3. Lawrence Blume & Daniel L. Rubinfeld & Perry Shapiro, 1984. "The Taking of Land: When Should Compensation Be Paid?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 99(1), pages 71-92.
    4. Hermalin, Benjamin E, 1995. "An Economic Analysis of Takings," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(1), pages 64-86, April.
    5. Fischel, William A., 1995. "The offer/ask disparity and just compensation for takings: A constitutional choice perspective," International Review of Law and Economics, Elsevier, vol. 15(2), pages 187-203, June.
    6. Thomas Miceli & Kathleen Segerson, 2007. "Private Property, Public Use, and Just Compensation: The Economics of Eminent Domain," Working papers 2007-12, University of Connecticut, Department of Economics.
    7. Fischel, William A. & Shapiro, Perry, 1989. "A constitutional choice model of compensation for takings," International Review of Law and Economics, Elsevier, vol. 9(2), pages 115-128, December.
    8. Miceli,Thomas J., 2011. "The Economic Theory of Eminent Domain," Cambridge Books, Cambridge University Press, number 9781107005259.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Eminent domain; takings; regulatory takings; just compensation; public use; land use;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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    This paper has been announced in the following NEP Reports:

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