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Free Riders, Holdouts, and Public Use: A Tale of Two Externalities

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Author Info
Thomas J. Miceli (University of Connecticut)

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Abstract

Free riders and holdouts are market failures that potentially impede the completion of otherwise beneficial transactions. The key difference is that the free rider problem is a demand side externality that requires taxation to compel payment for a public good, while the holdout problem is a supply side externality that requires eminent domain to force the sale of land for large scale projects. This paper highlights that distinction between these two problems and uses the resulting insights to clarify the meaning of the public use requirement of the Fifth Amendment takings clause.

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File URL: http://www.econ.uconn.edu/working/2009-01.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Working papers with number 2009-01.

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Date of creation: Jan 2009
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Handle: RePEc:uct:uconnp:2009-01

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Related research
Keywords: Eminent domain; free riders; holdouts; public use; takings;

Find related papers by JEL classification:
H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
K11 - Law and Economics - - Basic Areas of Law - - - Property Law

This paper has been announced in the following NEP Reports:

References listed on IDEAS
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  1. Strange William C., 1995. "Information, Holdouts, and Land Assembly," Journal of Urban Economics, Elsevier, vol. 38(3), pages 317-332, November. [Downloadable!] (restricted)
  2. Dixit, Avinash & Olson, Mancur, 2000. "Does voluntary participation undermine the Coase Theorem?," Journal of Public Economics, Elsevier, vol. 76(3), pages 309-335, June. [Downloadable!] (restricted)
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  3. Cohen, Lloyd, 1991. "Holdouts and Free Riders," Journal of Legal Studies, University of Chicago Press, vol. 20(2), pages 351-62, June.
  4. Friedmann, Daniel, 1989. "The Efficient Breach Fallacy," Journal of Legal Studies, University of Chicago Press, vol. 18(1), pages 1-24, January.
  5. Flavio Menezes & Rohan Pitchford, 2004. "A model of seller holdout," Economic Theory, Springer, vol. 24(2), pages 231-253, August. [Downloadable!] (restricted)
  6. Miceli, Thomas J. & Sirmans, C.F., 2007. "The holdout problem, urban sprawl, and eminent domain," Journal of Housing Economics, Elsevier, vol. 16(3-4), pages 309-319, November. [Downloadable!] (restricted)
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This page was last updated on 2009-11-24.


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