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Takings, Compensation, and Equal Treatment for Owners of Developed and Undeveloped Property

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Author Info
Innes, Robert

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Abstract

This article constructs an economic model of government takings in which some property owners develop their land earlier than others. Because it is efficient for the government to "take" undeveloped land before developed land, uncompensated takings will give landowners an incentive to develop their property early in order to reduce the risk of government appropriation. This overdevelopment incentive can be countered, and efficiency thereby restored, if landowners are appropriately compensated when their property is taken, or if "equal treatment" is afforded to owners of developed and undeveloped land. However, when the government responds to political pressure, a judicial compensation requirement will often lead to less government land use regulation than is efficient. In contrast, a judicial equal treatment requirement can elicit efficient development and regulatory decisions. Copyright 1997 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Law & Economics.

Volume (Year): 40 (1997)
Issue (Month): 2 (October)
Pages: 403-32
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Handle: RePEc:ucp:jlawec:v:40:y:1997:i:2:p:403-32

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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. Michael, Jeffrey A., 1998. "Preemptive Habitat Destruction And The Endangered Species Act: The Case Of The Red-Cockaded Woodpecker," 1998 Annual meeting, August 2-5, Salt Lake City, UT 20783, American Agricultural Economics Association (New Name 2008: Agricultural and Applied Economics Association). [Downloadable!]
  3. Tun Lin & Timo Goeschl, 2004. "Biodiversity Conservation on Private Lands: Information Problems and Regulatory Choices," Working Papers 2004.55, Fondazione Eni Enrico Mattei. [Downloadable!]
  4. Osgood, Daniel & List, John & Margolis, Michael, 2002. "Closing The Barn Door: Construction And Endangered Species Restrictions," 2002 Annual Meeting, July 28-31, 2002, Long Beach, California 36598, Western Agricultural Economics Association. [Downloadable!]
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