The neglected political economy of eminent domain.

From: Michigan Law Review | Date: October 1, 2006| Author: Garnett, Nicole Stelle | Copyright information

This Article challenges a foundational assumption about eminent domain--namely, that owners are systematically undercompensated because they receive only fair market value for their property. In fact, scholars may have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of the eminent domain process. The Article examines three ways that "Takers" (i.e., nonjudicial actors in the emin...

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