Eminent Domain: A Comparative Perspective - Brossura

Brossura

ISBN 10: 1316628337 ISBN 13: 9781316628331

Casa editrice: Cambridge University Press, 2017

Riassunto

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

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Recensione:

'This volume is a superb analysis of eminent domain at a genuinely global level. It shows a close relationship between a nation's level of economic development and the degree of protection for private property rights against takings. The organization is systematic in that the authors faithfully follow a unified analytic framework to overcome the difficulty of making meaningful inter-jurisdictional comparisons. As a judge who has experienced different stages of development in my own country, I am certain that professional and lay readers alike can benefit from this wide-ranging and learned book.' Soon-il Kwon, Honorable Justice, Supreme Court of Korea

'In Eminent Domain: A Comparative Perspective, Ilya Somin, Hojun Lee, and Iljoong Kim have assembled a panoramic view of the law of eminent domain across nations as diverse as Germany, the United States, South Korea, and Taiwan. Providing an exceptionally complete yet concise summary of each regime, this volume also provides an extraordinarily useful framework for understanding how and why each system succeeds or fails in safeguarding fundamental rights to retain what one owns in the face of eminent domain. It is an essential volume for anyone studying or defending the right to private property.' Roderick M. Hills, William T. Comfort, III Professor of Law, New York University

'The use of the eminent domain power is common throughout democracies in both the developed and developing world. The exercise of that power, so necessary for sustainable growth, is also fraught with great peril. This timely and instructive volume fills a major gap in the literature by examining the ups and downs of eminent domain in a comparative context, with special emphasis on the law of South Korea, which has been the home to some of the most important takings conflicts in recent years.' Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Descrizione del libro:

The taking of private property for development projects has often caused controversy when used to benefit powerful interests at the expense of the general public. This collection of essays analyzes the use and abuse of eminent domain in nations across the world, including Germany, the US, Taiwan, and South Korea.

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• Editore: Cambridge University Press
• Data di pubblicazione: 2017
• ISBN 10: 1316628337
• ISBN 13: 9781316628331
• Rilegatura: Copertina flessibile
• Numero di pagine: 330
• Redattore: Kim Iljoong