3 The public use requirement and land assembly.(The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation)

From: Foundations and Trends in Microeconomics | Date: October 1, 2007| Author: Miceli, Thomas J.; Segerson, Kathleen | Copyright information

On its face, the public use requirement would seem to limit the use of eminent domain to government provision of public goods like highways or parks. This interpretation has appeal both in terms of the plain meaning of the phrase, and the well-accepted role of the government in providing public goods. On closer examination, however, it turns out to be inconsistent, both with economic theory, and, as evidenced by the case law, with the way courts have decided public use cases. The go...

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