Eminent Domain: A Legal and Economic Critique
7 U. Md. L.J. Race, Religion, Gender & Class 140 (2007)
33 Pages Posted: 4 Nov 2015
Date Written: January 1, 2007
This article offers a legal and economic analysis and critique of eminent domain doctrine. Section I gives an overview of the historical development of the concept. Section II continues on to discuss major cases and problems with jurisprudential trends in the Supreme Court's interpretation of the Takings Clause. Section III provides an economic analysis of eminent domain from a libertarian perspective. In Section IV, the article concludes that granting a limited government the power of eminent domain is unnecessary, ill-conceived, and should be eliminated.
Keywords: takings, eminent domain, due process, economics
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