The Greater Good or Property Rights? Resolving the Tension between Positive and Negative Rights in Eminent Domain
Bran Frederick Mahoney
George Mason University, Antonin Scalia Law School, Students/Alumni
February 28, 2010
This paper examines the background of takings law and differing philosophical viewpoints on individual rights. It then analyzes the balance of rights in the present use of eminent domain, and proposes solutions to current problems with eminent domain and the possible impact of these solutions on the balance of positive and negative rights.
Special attention is given to the status of blight and economic takings after Kelo v. City of New London, and what the jurisprudence in this area means for the balance of rights in the nation as a whole.
Number of Pages in PDF File: 34
Keywords: Kelo v. City of New London, Eminent Domain, Positive Rights, Negative Rights, Civil Rights, Takings, Condemnation, Takings Clause, Just Compensation, Negative Liberty, Positive Liberty, Isaiah Berlin, Berman v. Parker, Steven J. Eagle, Hawaii Housing Authority v. Midkiff, Blight takings
JEL Classification: K11
Date posted: March 5, 2010