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1 - Introduction

A Framework for Analysis

Published online by Cambridge University Press:  05 June 2012

Thomas J. Miceli
Affiliation:
University of Connecticut
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Summary

When a social decision to redirect economic resources entails painfully obvious opportunity costs, how shall those costs ultimately be distributed among all members of society?

Frank Michelman (1967, p. 1169)

The problem to which the eminent domain clause is directed is that of political obligation and organization. What are the reasons for the formation of the state? What can the state demand of the individual citizens whom it governs and represents?

Richard Epstein (1985, p. 3)

Property rights are fundamental to both law and economics. From the perspective of law, property rights define and protect those things that people can and cannot do with the assets under their control, including, but not limited to, land. From the perspective of economics, property rights provide incentives for people to use their assets in an efficient way. Some reflection, however, should reveal that these are two ways of saying the same thing. The incentive function of property rights ultimately resides in the legal protections that they afford to owners, particularly in terms of their right to exclude others (including the government) from infringing on their chosen use. In this way, property rights ensure that their holders will be able to enjoy the fruits of their efforts. Private property rights therefore represent an important pre-requisite for both efficient exchange and development of land, which are the fundamental sources of economic value. As Robert Ellickson (1993, p. 1327) has observed, private property provides incentives for “people to ‘do the right thing’ with the earth's surface.”

Type
Chapter
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The Economic Theory of Eminent Domain
Private Property, Public Use
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 2011

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  • Introduction
  • Thomas J. Miceli, University of Connecticut
  • Book: The Economic Theory of Eminent Domain
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511793776.002
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  • Introduction
  • Thomas J. Miceli, University of Connecticut
  • Book: The Economic Theory of Eminent Domain
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511793776.002
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Thomas J. Miceli, University of Connecticut
  • Book: The Economic Theory of Eminent Domain
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511793776.002
Available formats
×