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Private Property, Public Use, and Just Compensation: The Economics of Eminent Domain

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Author Info
Thomas Miceli (University of Connecticut)
Kathleen Segerson (University of Connecticut)

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Abstract

The eminent domain clause of the U.S. Constitution concerns the limits of the government's right to take private property for public use. The economic literature on this issue has examined (1) the proper scope of this power as embodied by the 'public use' requirement, (2) the appropriate definition, and implications, of 'just compensation,' and (3) the impact of eminent domain on land use incentives of owners whose land is subject to a taking risk. This essay reviews this literature and draws implications for our understanding of eminent domain law.

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File URL: http://www.econ.uconn.edu/working/2007-12.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Working papers with number 2007-12.

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Length: 71 pages
Date of creation: May 2007
Date of revision:
Handle: RePEc:uct:uconnp:2007-12

Note: We acknowledge the comments of participants at the Urban Economics and Real Estate Finance Seminar, Center for Real Estate, MIT, April 2007; and participants at the UConn-Wesleyan Mini Conference, May 2007.
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Postal: University of Connecticut 341 Mansfield Road, Unit 1063 Storrs, CT 06269-1063
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Web page: http://www.econ.uconn.edu/
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Related research
Keywords: Eminent domain; just compensation; land use incentives; public use;

Find related papers by JEL classification:
K11 - Law and Economics - - Basic Areas of Law - - - Property Law
R52 - Urban, Rural, and Regional Economics - - Regional Government Analysis - - - Land Use and Other Regulations

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This page was last updated on 2009-12-2.

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