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Regulatory Takings

Author

Listed:
  • Thomas J. Miceli

    (University of Connecticut)

  • Kathleen Segerson

    (University of Connecticut)

Abstract

A regulatory taking occurs when a government regulation reduces the value of private property to such a degree that the owner is entitled to compensation under the Fifth Amendment Takings Clause. This chapter reviews legal and economic theories aimed at determining when a regulation crosses the compensation threshold. It also assesses the consequences of various compensation rules on the efficiency of land use decisions and government policymaking.

Suggested Citation

  • Thomas J. Miceli & Kathleen Segerson, 2011. "Regulatory Takings," Working papers 2011-16, University of Connecticut, Department of Economics.
    • Handle: RePEc:uct:uconnp:2011-16
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    File URL: https://media.economics.uconn.edu/working/2011-16.pdf
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    References listed on IDEAS

    as
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    25. Thomas Miceli & Kathleen Segerson, 2007. "Private Property, Public Use, and Just Compensation: The Economics of Eminent Domain," Working papers 2007-12, University of Connecticut, Department of Economics.
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    Citations

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    Cited by:

    1. 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.
    2. 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.
    3. Horn, Henrik & Tangerås, Thomas, 2016. "Economics and Politics of International Investment Agreements," Working Paper Series 1140, Research Institute of Industrial Economics.
    4. Robert M. Hunt & Tim VandenBerg, 1998. "Discouraging Federal actions that reduce the value of private property: evaluating procedural and financial approaches," Working Papers 98-24, Federal Reserve Bank of Philadelphia.
    5. Louis Kaplow, 2003. "Transition Policy: A Conceptual Framework," NBER Working Papers 9596, National Bureau of Economic Research, Inc.
    6. Thomas J. Miceli, 2011. "The Use of Economics for Understanding Law: An Economist's View of the Cathedral," Working papers 2011-25, University of Connecticut, Department of Economics.

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    More about this item

    Keywords

    Compensation; eminent domain; regulation; takings;
    All these keywords.

    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • Q28 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation - - - Government Policy

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