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An Economic Analysis of Takings

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Author Info
Hermalin, Benjamin E

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Abstract

This article identifies economically efficient rules for governing compensation when the state takes private property. Despite a variety of informational and behavioral assumptions, a basic principle emerges: a fully efficient rule entails compensation based on the gains society enjoys from the taking (either its actual gains or its expected gains). Moreover, in many takings situations this principle can be implemented in more than one way, providing society some flexibility with which to achieve its other goals without sacrificing economic efficiency. Copyright 1995 by Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal Journal of Law, Economics and Organization.

Volume (Year): 11 (1995)
Issue (Month): 1 (April)
Pages: 64-86
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Handle: RePEc:oup:jleorg:v:11:y:1995:i:1:p:64-86

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  1. Innes, Robert & Polasky, Stephen & Tschirhart, John, 1998. "Takings, Compensation and Endangered Species Protection on Private Lands," Journal of Economic Perspectives, American Economic Association, vol. 12(3), pages 35-52, Summer. [Downloadable!] (restricted)
  2. Kurtis Swope & Pamela Schmitt & John Cadigan & Robert Shupp, 2008. "An Experimental Study of the Holdout Problem in a Multilateral Bargaining Game," Departmental Working Papers 21, United States Naval Academy Department of Economics. [Downloadable!]
    Other versions:
  3. Thomas Miceli & Kathleen Segerson, 2006. "A Bargaining Model of Holdouts and Takings," Working papers 2006-22, University of Connecticut, Department of Economics, revised Mar 2007. [Downloadable!]
    Other versions:
  4. Emma Aisbett & Larry Karp & Carol McAusland, 2008. "Police-powers, regulatory takings and the efficient compensation of domestic and foreign investors," Department of Agricultural & Resource Economics, UC Berkeley, Working Paper Series 1061, Department of Agricultural & Resource Economics, UC Berkeley. [Downloadable!]
  5. Ronald Giammarino & Ed Nosal, 2004. "Loggers vs. campers: compensation for the taking of property rights," Working Paper 0406, Federal Reserve Bank of Cleveland. [Downloadable!]
  6. Steven Shavell, 2007. "Eminent Domain Versus Government Purchase of Land Given Imperpect Information About Owners' Valuation," NBER Working Papers 13564, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  7. Louis Kaplow, 2003. "Transition Policy: A Conceptual Framework," NBER Working Papers 9596, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  8. Benoit, J.P. & Kornhauser, L.A., 1996. "Game Theoretic Analysis of Legal Rules and Institutions," Working Papers 96-30, C.V. Starr Center for Applied Economics, New York University. [Downloadable!]
  9. Kevin Guerin, 2002. "Protection against Government Takings: Compensation for Regulation?," Treasury Working Paper Series 02/18, New Zealand Treasury. [Downloadable!]
  10. Brennan, Timothy & Boyd, James, 1996. "Pluralism and Regulatory Failure: When Should Takings Trigger Compensation?," Discussion Papers dp-96-09, Resources For the Future. [Downloadable!]
  11. Alfredo Esposto, 1998. "Takings, litigation, and just compensation," Atlantic Economic Journal, International Atlantic Economic Society, vol. 26(4), pages 397-412, December. [Downloadable!] (restricted)
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