The Takings Clause: In Search of Underlying Principles: Part II. Takings as Intentional Deprivations of Property without Moral Justification
نویسندگان
چکیده
منابع مشابه
The Complexities of Judicial Takings
When (if ever) a judicial action can be an unconstitutional taking of private property has long been an open question in American constitutional law. Nested within this larger question are a host of detailed issues concerning both substance and procedure. Despite passing references in some cases, and a more direct discussion in one concurring opinion, the Supreme Court of the United States—unti...
متن کاملA Bargaining Model of Holdouts and Takings
The holdout problem is commonly cited as the justification for eminent domain, but the nature of the problem is not well understood. This paper models the holdout problem in a bargaining framework, where a developer seeks to acquire several parcels of land for a large-scale development. We show that in the absence of eminent domain, holdouts are inevitable, threatening costly delay. However, if...
متن کاملProperty Takings in Developed versus Developing Countries: Economics, Politics, and the Limits of the Holdout Problem
Property takings are common in the developing world. For example, despite Chinese reforms in 2003 to protect property rights, Chinese governments forced thousands of families to relocate during the buildup to the Beijing Olympics. In recent years, governments in Peru, Venezuela, Bolivia, Zimbabwe, Russia, and others have nationalized heavy industry as well as specific firms. Large-scale land ta...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: California Law Review
سال: 1990
ISSN: 0008-1221
DOI: 10.2307/3480506