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An Economic Analysis of Takings

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  • Hermalin, Benjamin E

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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Bibliographic 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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Cited by:
  1. 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.
  2. Polasky, Stephen & Costello, Christopher & Solow, Andrew, 2005. "The Economics of Biodiversity," Handbook of Environmental Economics, in: K. G. Mäler & J. R. Vincent (ed.), Handbook of Environmental Economics, edition 1, volume 3, chapter 29, pages 1517-1560 Elsevier.
  3. Louis Kaplow, 2003. "Transition Policy: A Conceptual Framework," NBER Working Papers 9596, National Bureau of Economic Research, Inc.
  4. Usha Sridhar & Sridhar Mandyam, 2013. "A Group Utility Maximizer Mechanism for Land Assembly," The Journal of Real Estate Finance and Economics, Springer, vol. 47(3), pages 466-488, October.
  5. Alfredo Esposto, 1998. "Takings, litigation, and just compensation," Atlantic Economic Journal, International Atlantic Economic Society, vol. 26(4), pages 397-412, December.
  6. Aisbett, Emma & Karp, Larry & McAusland, Carol, 2008. "Police-powers, regulatory takings and the efficient compensation of domestic and foreign investors," Department of Agricultural & Resource Economics, UC Berkeley, Working Paper Series qt5x84h5kf, Department of Agricultural & Resource Economics, UC Berkeley.
  7. Kevin Guerin, 2002. "Protection against Government Takings: Compensation for Regulation?," Treasury Working Paper Series 02/18, New Zealand Treasury.
  8. John Cadigan & Pamela Schmitt & Robert Shupp & Kurtis Swope1, 2009. "An Experimental Study of the Holdout Problem in a Multilateral Bargaining Game," Southern Economic Journal, Southern Economic Association, vol. 76(2), pages 344-457, October.
  9. 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.
  10. Miceli, Thomas J., 2008. "Public goods, taxes, and takings," International Review of Law and Economics, Elsevier, vol. 28(4), pages 287-293, December.
  11. Robert Innes & Stephen Polasky & John Tschirhart, 1998. "Takings, Compensation and Endangered Species Protection on Private Lands," Journal of Economic Perspectives, American Economic Association, vol. 12(3), pages 35-52, Summer.
  12. Robert Innes & George Frisvold, 2009. "The Economics of Endangered Species," Annual Review of Resource Economics, Annual Reviews, vol. 1(1), pages 485-512, 09.
  13. Livia Navone, 2013. "Property versus political holdouts: the case of the TGV rail line Lyon–Budapest in Italy," European Journal of Law and Economics, Springer, vol. 35(3), pages 409-426, June.
  14. Polasky, Stephen & Doremus, Holly, 1998. "When the Truth Hurts: Endangered Species Policy on Private Land with Imperfect Information," Journal of Environmental Economics and Management, Elsevier, vol. 35(1), pages 22-47, January.
  15. Fleck, Robert K. & Hanssen, F. Andrew, 2010. "Repeated adjustment of delegated powers and the history of eminent domain," International Review of Law and Economics, Elsevier, vol. 30(2), pages 99-112, June.
  16. 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.
  17. Winfree, Jason A. & McCluskey, Jill J., 2007. "Takings of development rights with asymmetric information and an endogenous probability of an externality," Journal of Housing Economics, Elsevier, vol. 16(3-4), pages 320-333, November.
  18. Brennan, Timothy & Boyd, James, 1996. "Pluralism and Regulatory Failure: When Should Takings Trigger Compensation?," Discussion Papers dp-96-09, Resources For the Future.
  19. Ronald Giammarino & Ed Nosal, 2004. "Loggers vs. campers: compensation for the taking of property rights," Working Paper 0406, Federal Reserve Bank of Cleveland.
  20. Turnbull, Geoffrey K., 2010. "Irreversible development and eminent domain: Compensation rules, land use and efficiency," Journal of Housing Economics, Elsevier, vol. 19(4), pages 243-254, December.

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