Abstract

http://ssrn.com/abstract=1162789
 
 

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Eminent Domain and the Psychology of Property Rights: Proposed Use, Subjective Attachment, and Taker Identity


Janice Nadler


Northwestern University School of Law; American Bar Foundation

Shari Seidman Diamond


Northwestern University, School of Law & American Bar Foundation


Journal of Empirical Legal Studies, Vol. 5, pp. 713-749, 2008
Northwestern Law & Econ Research Paper No. 08-15
Northwestern Public Law Research Paper No. 08-24
American Bar Foundation Research Paper No. 08-03

Abstract:     
The U.S. Supreme Court's decision in Kelo v. City of New London, allowing governments to force the sale of private property to promote economic development, provoked bipartisan and widespread public outrage. Given that the decision in Kelo was rendered virtually inevitable by the Court's earlier public use decisions, what accounts for the dread and dismay that the decision provoked among ordinary citizens? We conducted two experiments that represent an early effort at addressing a few of the many possible causes underlying the Kelo backlash. Together, these studies suggest that the constitutional focus on public purpose in Kelo does not fully, or even principally, explain the public outrage that followed it. Our experiments suggest that subjective attachment to property looms far larger in determining the perceived justice of a taking. We have only begun to map out the contours of this response, but these initial findings show promise in helping to build a more democratic model for the law and policies dealing with takings.

Number of Pages in PDF File: 47

Keywords: eminent domain, law & psychology, property, subjective value

JEL Classification: K30

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Date posted: July 19, 2008  

Suggested Citation

Nadler, Janice and Diamond, Shari Seidman, Eminent Domain and the Psychology of Property Rights: Proposed Use, Subjective Attachment, and Taker Identity. Journal of Empirical Legal Studies, Vol. 5, pp. 713-749, 2008; Northwestern Law & Econ Research Paper No. 08-15; Northwestern Public Law Research Paper No. 08-24; American Bar Foundation Research Paper No. 08-03. Available at SSRN: http://ssrn.com/abstract=1162789

Contact Information

Janice Nadler (Contact Author)
Northwestern University School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-3228 (Phone)
312-503-2035 (Fax)
American Bar Foundation ( email )
750 N. Lake Shore Drive
Chicago, IL 60611
Shari Seidman Diamond
Northwestern University, School of Law & American Bar Foundation ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-2040 (Phone)
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