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Eminent Domain: A Legal and Economic Critique

  • Walter E. BlockEmail author
Chapter
Part of the Palgrave Studies in Classical Liberalism book series (PASTCL)

Abstract

Our thesis is that eminent domain is both legally impracticable and economically unnecessary for development and prosperity. We offer a brief history of eminent domain law. This law is then criticized on the grounds that all three of its main elements are highly problematic: takings, the public use exception, and just compensation. Finally, economic analysis shows that development and prosperity would be accomplished without the power of eminent domain because private parties’ self-interest would be served by selling to developers who offer a fair price, and even where holdouts still refuse to sell, their holdings can usually be built over, under, or around.

Keywords

Eminent domain Expropriation Property rights Justice Takings Roads and pipelines 

Copyright information

© The Author(s) 2019

Authors and Affiliations

  1. 1.Loyola UniversityNew OrleansUSA

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