IDEAS home Printed from https://ideas.repec.org/a/ucp/jlawec/v40y1997i2p403-32.html
   My bibliography  Save this article

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

Author

Listed:
  • Innes, Robert

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.

Suggested Citation

  • Innes, Robert, 1997. "Takings, Compensation, and Equal Treatment for Owners of Developed and Undeveloped Property," Journal of Law and Economics, University of Chicago Press, vol. 40(2), pages 403-432, October.
  • Handle: RePEc:ucp:jlawec:v:40:y:1997:i:2:p:403-32
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/467378
    Download Restriction: Access to the online full text or PDF requires a subscription.

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Miceli, Thomas J & Segerson, Kathleen, 1994. "Regulatory Takings: When Should Compensation Be Paid?," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 749-776, June.
    2. Paul Burrows, 1991. "Compensation for Compulsory Acquisition," Land Economics, University of Wisconsin Press, vol. 67(1), pages 49-63.
    3. Riddiough, Timothy J., 1997. "The Economic Consequences of Regulatory Taking Risk on Land Value and Development Activity," Journal of Urban Economics, Elsevier, vol. 41(1), pages 56-77, January.
    4. Hermalin, Benjamin E, 1995. "An Economic Analysis of Takings," Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(1), pages 64-86, April.
    5. James C. Ohls & David Pines, 1975. "Discontinuous Urban Development and Economic Efficiency," Land Economics, University of Wisconsin Press, vol. 51(3), pages 224-234.
    6. Lawrence Blume & Daniel L. Rubinfeld & Perry Shapiro, 1984. "The Taking of Land: When Should Compensation Be Paid?," The Quarterly Journal of Economics, Oxford University Press, vol. 99(1), pages 71-92.
    7. Mills, David E., 1980. "Transferable development rights markets," Journal of Urban Economics, Elsevier, vol. 7(1), pages 63-74, January.
    8. Farber, Daniel A., 1992. "Economic analysis and just compensation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 125-138, June.
    9. Baxter, William F & Altree, Lillian R, 1972. "Legal Aspects of Airport Noise," Journal of Law and Economics, University of Chicago Press, vol. 15(1), pages 1-113, April.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Ferraro, Paul J. & McIntosh, Craig & Ospina, Monica, 2007. "The effectiveness of the US endangered species act: An econometric analysis using matching methods," Journal of Environmental Economics and Management, Elsevier, vol. 54(3), pages 245-261, November.
    2. Lange, Andreas & Liu, Xiangping, 2014. "Land Development Restrictions and Preemptive Action - On the Benefits of Differentiated Regulation," Strategic Behavior and the Environment, now publishers, vol. 4(4), pages 393-414, December.
    3. Thomas J. Miceli & Kathleen Segerson, 2011. "Regulatory Takings," Working papers 2011-16, University of Connecticut, Department of Economics.
    4. 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.
    5. 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.
    6. Niemann, Paul & Shapiro, Perry, 2008. "Efficiency and fairness: Compensation for takings," International Review of Law and Economics, Elsevier, vol. 28(3), pages 157-165, September.
    7. Robert Innes & George Frisvold, 2009. "The Economics of Endangered Species," Annual Review of Resource Economics, Annual Reviews, vol. 1(1), pages 485-512, September.
    8. Jiang, Yong & Swallow, Stephen K., 2017. "Impact Fees Coupled With Conservation Payments to Sustain Ecosystem Structure: A Conceptual and Numerical Application at the Urban-Rural Fringe," Ecological Economics, Elsevier, vol. 136(C), pages 136-147.
    9. 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.
    10. Lueck, Dean & Miceli, Thomas J., 2007. "Property Law," Handbook of Law and Economics, Elsevier.
      • Dean Lueck & Thomas J. Miceli, 2004. "Property Law," Working papers 2004-04, University of Connecticut, Department of Economics.
    11. Osgood, Daniel E. & List, John A. & 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.
    12. Jongwook Kim & Joseph T. Mahoney, 2002. "Resource-based and property rights perspectives on value creation: the case of oil field unitization," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 23(4-5), pages 225-245.
    13. Hans-Bernd Schäfer & Ram Singh, 2017. "Takings of Land by Self-interested Governments Economic Analysis of Eminent Domain," Working papers 281, Centre for Development Economics, Delhi School of Economics.
    14. 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.
    15. 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).
    16. Turnbull, Geoffrey K., 2004. "Development moratoria," Journal of Housing Economics, Elsevier, vol. 13(3), pages 155-169, September.
    17. Tun Lin & Timo Goeschl, 2004. "Biodiversity Conservation on Private Lands: Information Problems and Regulatory Choices," Working Papers 2004.55, Fondazione Eni Enrico Mattei.
    18. Carl Kitchens, 2014. "The use of eminent domain in land assembly: The case of the Tennessee Valley Authority," Public Choice, Springer, vol. 160(3), pages 455-466, September.
    19. Geoffrey Turnbull, 2012. "Delegating Eminent Domain Powers to Private Firms: Land Use and Efficiency Implications," The Journal of Real Estate Finance and Economics, Springer, vol. 45(2), pages 305-325, August.
    20. Janmaat, John, 2008. "Playing monopoly in the creek: Imperfect competition, development, and in-stream flows," Resource and Energy Economics, Elsevier, vol. 30(3), pages 455-473, August.
    21. 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.
    22. David Sunding, 2014. "Conserving Endangered Species through Regulation of Urban Development: The Case of California Vernal Pools," Land Economics, University of Wisconsin Press, vol. 90(2), pages 290-305.
    23. Chen, Daniel L. & Yeh, Susan, 2016. "Government Expropriation Increases Economic Growth and Racial Inequality: Evidence from Eminent Domain," TSE Working Papers 16-693, Toulouse School of Economics (TSE).
    24. Langpap, Christian & Kerkvliet, Joe, 2012. "Endangered species conservation on private land: Assessing the effectiveness of habitat conservation plans," Journal of Environmental Economics and Management, Elsevier, vol. 64(1), pages 1-15.
    25. Stephen Polasky, 2009. "Conservation economics: economic analysis of biodiversity conservation and ecosystem services," Environmental Economics and Policy Studies, Springer;Society for Environmental Economics and Policy Studies - SEEPS, vol. 10(1), pages 1-20, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlawec:v:40:y:1997:i:2:p:403-32. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Journals Division). General contact details of provider: http://www.journals.uchicago.edu/JLE/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.