Abstract

http://ssrn.com/abstract=1943088
 


 



The 'Public Uses' of Eminent Domain: History and Policy


Errol Meidinger


State University of New York (SUNY), Buffalo, SUNY Buffalo Law School

1981

Environmental Law, Vol. 11, p. 1, 1980-1981
Buffalo Legal Studies Research Paper No. 1981-002

Abstract:     
This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it examines a number of the difficult empirical and political questions confronted in any effort to develop such a standard that properly limits state power to confiscate privately held property.

Number of Pages in PDF File: 67

Keywords: property, eminent domain, expropriation, public use, holdout

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Date posted: October 13, 2011  

Suggested Citation

Meidinger, Errol, The 'Public Uses' of Eminent Domain: History and Policy (1981). Environmental Law, Vol. 11, p. 1, 1980-1981; Buffalo Legal Studies Research Paper No. 1981-002. Available at SSRN: http://ssrn.com/abstract=1943088

Contact Information

Errol Meidinger (Contact Author)
State University of New York (SUNY), Buffalo, SUNY Buffalo Law School ( email )
520 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-6692 (Phone)
716-645-2064 (Fax)

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