The Greater Good or Property Rights? Resolving the Tension between Positive and Negative Rights in Eminent Domain

34 Pages Posted: 5 Mar 2010  

Bran Frederick Mahoney

George Mason University, Antonin Scalia Law School, Students/Alumni

Date Written: February 28, 2010

Abstract

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.

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

Suggested Citation

Mahoney, Bran Frederick, The Greater Good or Property Rights? Resolving the Tension between Positive and Negative Rights in Eminent Domain (February 28, 2010). Available at SSRN: https://ssrn.com/abstract=1561372 or http://dx.doi.org/10.2139/ssrn.1561372

Bran Frederick Mahoney (Contact Author)

George Mason University, Antonin Scalia Law School, Students/Alumni ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Paper statistics

Downloads
117
Rank
196,600
Abstract Views
639