Compensation for regulatory takings : an economic analysis with applications
著者
書誌事項
Compensation for regulatory takings : an economic analysis with applications
（The economics of legal relationships / edited by Nicholas Mercuro, v. 1）
JAI Press, c1996
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注記
Includes bibliographical references (p. 245-252) and index
内容説明・目次
内容説明
This volume deals with the "takings" issue. This is the clause in the fifth amendment of the U.S. Constitution that states that the government shall not take private property for public use without paying just compensation. It is this clause that has generated a huge amount of legal scholarship, case law and political activity in an attempt to determine exactly why sorts of government action constitute a taking. Whereas the issue seems clear when physical acquisition or property invasion are involved, confusion arises whether government action such as environmental regulations, zoning and housing codes are also classed as "takings". The aim of this book is to examine the distinction between compensable and non-compensable government actions, to propose a theory for defining a rule for when loss in value warrants compensation. Issues raised in the book such as environmental protection, mining regulation, land use, capitalization and historic landmarks are undoubtedly issues of great contemporary and international significance.
目次
- Part A: introduction
- brief overview of Takings law
- an economic approach to the Takings question
- a preview of issues and results
- review of the Case law and literature on Takings
- Case law
- academic literature
- summary. Part B Theoretical analysis: the basic model
- socially efficient behaviour
- actual land use decisions
- pre-existing land uses
- summary. Landowner versus regulator incentives
- the regulator's problem
- the landowner's problem
- an efficient compensation rule
- the essential Nexus requirement
- conclusion
- appendices to chapter 4 and 5 - a re-examination of Takings doctrines
- application to previous tests for compensation
- application to cases
- conclusion
- capitalization and Takings
- description of the model
- capitalization - distributional issues
- capitalization - efficiency
- summary
- appendix to chapter 6
- investment-backed expectations and compensations the simple model
- a dynamic model
- summary and conclusion
- appendix to chapter 7
- the timing of development and compensation
- irreversible development
- reversible development
- summary
- conclusion. Part C Applications to environmental protection and resources - use: applications of historical significance - mining, zoning and historical landmarks
- mining regulation
- zoning and the regulation of undeveloped land
- historic landmarks and Takings
- new concerns - protection of Wetlands and endangered species
- wetlands
- protection on endangered species
- extension to non-land based resources - water allocation
- the economics of water allocation
- legislative regulation of water rights and Takings
- judicial regulation of water rights and takings
- conclusion
- the threshold approach
- a summary of conclusions
- some other issues
- a policy proposal
- endnotes references
- list of cases.
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