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Government Takings: Determinants of Eminent Domain

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  • Carrie B. Kerekes

Abstract

There is a well-documented link between institutions of secure property rights and economic development. The increasing use of eminent domain to transfer property from one private owner to another for private benefit, upheld in the Supreme Court's controversial Kelo decision, undermines the security of property rights. While previous research examines the effect of eminent domain use, this paper explores which factors explain varying levels of eminent domain use for private benefit across states. The author finds that corruption, election of state Supreme Courts, federalism, and economic freedom are important determinants of eminent domain use for private benefit. Copyright 2011, Oxford University Press.

Suggested Citation

  • Carrie B. Kerekes, 2011. "Government Takings: Determinants of Eminent Domain," American Law and Economics Review, Oxford University Press, vol. 13(1), pages 201-219.
  • Handle: RePEc:oup:amlawe:v:13:y:2011:i:1:p:201-219
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    File URL: http://hdl.handle.net/10.1093/aler/ahq023
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    Cited by:

    1. repec:eee:jhouse:v:39:y:2018:i:c:p:25-32 is not listed on IDEAS
    2. Cason, Timothy N. & Mui, Vai-Lam, 2015. "Rich communication, social motivations, and coordinated resistance against divide-and-conquer: A laboratory investigation," European Journal of Political Economy, Elsevier, vol. 37(C), pages 146-159.
    3. Joshua C. Hall & Dean Stansel & Danko Tarabar, 2015. "Economic Freedom Studies at the State Level: A Survey," Working Papers 15-07, Department of Economics, West Virginia University.
    4. Joshua Hall & David Yu, 2012. "Ranking the Economic Freedom of North America using dominetrics," Economics Bulletin, AccessEcon, vol. 32(3), pages 1949-1961.
    5. Yu, Peiyong, 2015. "The Effect of Eminent Domain on Private and Mixed Development on Property Values," Journal of Regional Analysis and Policy, Mid-Continent Regional Science Association, vol. 45(2).
    6. Hoehn, John P. & Adanu, Kwami, 2014. "What motivates voters’ support for eminent domain reform: Ownership, vulnerability, or ideology?," International Review of Law and Economics, Elsevier, vol. 37(C), pages 90-99.

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