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2 - Public Use

Published online by Cambridge University Press:  05 June 2012

Thomas J. Miceli
Affiliation:
University of Connecticut
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Summary

It's the great equalizer. We don't have large tracts of land. Urban centers are cut up into little parcels. Where do we acquire large parcels of land to attract large economic engines to enable us to compete with suburbia? We can only get it through eminent domain.

Tom Londregan, New London City attorney, cited in Benedict (2009, p. 250)

The first requirement for use of the power of eminent domain is that the acquired land must be put to “public use.” Although seemingly straightforward, this issue continues to evoke debate regarding the proper interpretation of the phrase “public use.” In cases where the land is targeted for a truly public project like a highway, park, or airport – projects that meet the traditional economic definition of a public good – the use of eminent domain is not controversial. It is when the land is to be used as part of a largely private project, for example in the case of urban renewal, that it raises questions. Still, courts have generally allowed eminent domain to be used in such cases as long as the project in question promises substantial public benefits in the form of job creation, enhanced taxes, or the revitalization of an urban area. Some have argued, however, that this use of eminent domain – because it involves the transfer of land from one private party to another – renders the public use requirement essentially meaningless.

Type
Chapter
Information
The Economic Theory of Eminent Domain
Private Property, Public Use
, pp. 21 - 55
Publisher: Cambridge University Press
Print publication year: 2011

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  • Public Use
  • 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/CBO9780511793776.003
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  • Public Use
  • 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/CBO9780511793776.003
Available formats
×

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.

  • Public Use
  • 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/CBO9780511793776.003
Available formats
×