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Keywords: eminent domain
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Chapter
Published: 16 August 2023
..., Harry N. “ The Road to Munn: Eminent Domain and the Concept of Public Purpose in the State Courts. ” Perspectives in American History 5 ( 1971 ): 329–402 Smith, Carl.   City Water, City Life: Water and the Infrastructure of Ideas in Urbanizing Philadelphia, Boston...
Chapter
Published: 25 August 2014
... 1873 voting rights black Floridians pursue whitecapping white supremacy American foreign policy advances Du Bois W E B eminent domain gun rights landlords Ortiz Paul Sawyer William B Sr self determination taxpayers’ rights and beach segregation protest white terrorism attacks against...
Chapter
Published: 05 April 2018
... amendments that prohibit discrimination on the basis of gender, amendments that provide more protection for the right to keep and bear arms than is guaranteed by the Second Amendment, amendments that limit use of the eminent domain power to take private property for economic development purposes, and Blaine...
Chapter
Published: 02 September 2014
...This chapter summarizes eminent domain jurisprudence and the main economic approaches to analyzing eminent domain. Eminent domain potentially corrects two inefficiencies in land markets: (1) inefficiency from holdouts and (2) the undersupply of public goods from urban redevelopment. The original...
Chapter
Published: 16 September 2019
...This chapter examines the assembly and division of property entitlements. It starts with eminent domain, a forcible land assembly mechanism that has been employed to avoid holdout or “anticommons” problems, but has also produced outrage, as seen following the 2005 Supreme Court case of Kelo v. City...
Chapter

Stephanie M. Stern and Daphna Lewinsohn-Zamir
Published: 25 February 2020
... personhood theory property theories of private Beggan James K Belk Russell W extended self possessions and identity role of property in mere ownership effect remedies anchoring Sunstein Cass R Takings eminent domain just compensation legitimacy quick take endowment effect inequity aversion...
Chapter
Published: 22 October 2015
...Highly publicized conflicts about eminent domain for urban regeneration have seemingly erased race from public discussion by focusing on white property owners, despite a longer publicized history of African-American encounters with the policy. This chapter argues that in public fights over real...
Chapter
Published: 01 April 2024
...This chapter uses the eminent domain and neoliberal private property regime as a lens for understanding the connections between settler land relations, heteropatriarchal biopolitics, and the environmental degradation caused by fossil fuel extraction, specifically natural gas transportation...
Chapter
Published: 04 April 2008
...This chapter discusses the conflict between the public's expectations about the circumstances under which government should be permitted to exercise its power of eminent domain to effect an outright taking of private property, on the one hand, and the U.S. Supreme Court's Fifth Amendment “public...
Chapter
Published: 29 November 2016
... in court. The condemnations were upheld in a close 4-3 decision by the Connecticut Supreme Court. Taking it to the federal Supreme Court resulted in the same decision. But New London won only by a narrow 5-4 vote, undermining the longstanding view that public use constraints on eminent domain were a thing...
Chapter
Published: 29 November 2016
...This chapter summarizes the two hundred year long debate over the meaning of “public use.” During the Founding era and throughout the nineteenth century, most courts and jurists endorsed a relatively narrow definition of public use, under which governments could use eminent domain if the condemned...
Chapter
Published: 28 May 2015
... in court. The condemnations were upheld in a close 4-3 decision by the Connecticut Supreme Court. Taking it to the federal Supreme Court resulted in the same decision. But New London won only by a narrow 5-4 vote, undermining the longstanding view that public use constraints on eminent domain were a thing...
Chapter
Published: 26 January 2016
...This chapter explores the relationship between markets and command within the context of the liability rule. It considers how the liability rule is actually employed in the legal world, and in particular in torts and eminent domain. It shows that the liability rule is sometimes used to approach...
Chapter
Published: 10 September 2014
...Although Chapter 4 showed how the American Street project in Philadelphia initially inspired skeptical hope in officials and citizens alike as a legitimate government undertaking, Chapter 5 follows the project’s transformation into a local icon of eminent domain resistance when government failed...
Chapter
Published: 10 September 2014
... that government uses market prices as its standard and that eminent domain cases earn or lose legitimacy accordingly. American Street redevelopment Philadelphia compensation eminent domain absentee owners and homeownership Jefferson Square redevelopment Philadelphia absentee owners’ compensation experience...
Chapter
Published: 10 September 2014
...This chapter concludes the book by discussing what its findings, taken exclusively from Philadelphia, imply about urban politics of eminent domain and the meaning of property in general. It discusses how and why the libertarian campaign to limit property takings has misrepresented everyday concerns...
Book
Published online: 18 June 2015
Published in print: 01 April 2015
... domain. This chapter introduces the concept and its evolution in an attempt to explain how it is understood and expressed under the new law. UNDERSTANDING EMINENT DOMAIN Before embarking upon any legislative revisit, especially one of grand ambition, it is a good idea to acquaint oneself with the first...
Chapter
Published: 14 September 2017
.... The third section then moves on to highlight some of the basic principles of water law, including public trust, the precautionary principle, principles governing access to and control of water by individuals, sovereign appropriation and eminent domain. The instruments reproduced include, as appropriate...
Chapter
Published: 25 August 2011
... incivility antiharassment codes eminent domain environmental degradation fighting words gender equality grade inflation inclusion advocates indoctrination lacrosse minority groups racial harassment sexual harassment It is certainly no secret that professors tend to have liberal political...
Book
Published online: 19 May 2016
Published in print: 28 May 2015
... any meaningful constraints on eminent domain. The case also brought enormous public attention to the issue of eminent domain abuse, which in turn led to the enactment of an unprecedented number of reforms more than followed in the aftermath of any other Supreme Court decision. Although many of the new...