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Government Takings of Private Property

Janice Nadler, Shari Seidman Diamond, and Matthew M. Patton

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0013
Subject:
Political Science, American Politics

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 ... More


Private Property and Public Power: Eminent Domain in Philadelphia

Debbie Becher

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.001.0001
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

This book explores the legitimacy of government involvement in private economic actions by presenting a study of property takings. It explores which properties Philadelphia pursued for private ... More


Investment and Government Legitimacy

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0001
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

This chapter introduces the significance of a study of the everyday practice of eminent domain. It explains that the line formed between eminent domain use and abuse, formed in real life, reveals how ... More


The Politics of Property

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0009
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

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 ... More


Takings

Stephanie M. Stern and Daphna Lewinsohn-Zamir

in The Psychology of Property Law

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479835683
eISBN:
9781479857623
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479835683.003.0004
Subject:
Psychology, Social Psychology

This chapter discusses key aspects of takings law from a behavioral perspective and employs psychological insights to critically analyze existing legal rules and theories. The chapter highlights ... More


Rhetoric Without a Cause: Beyond Libertarian and Left Cries of Abuse

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0003
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

When they cry abuse in eminent domain battles, people appeal to a libertarian ideal about private rights or to a left-oriented ideal about protecting the poor against developers. This chapter argues ... More


From Public Use to Public Purpose

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0003
Subject:
Law, Constitutional and Administrative Law

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 ... More


From Public Use to Public Purpose

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0002
Subject:
Law, Constitutional and Administrative Law

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 ... More


The Policy and Politics of Urban Redevelopment

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0002
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

This chapter synthesizes national histories of urban redevelopment and eminent domain policies to provide the context in which the research on Philadelphia in the 1990s and 2000s, presented in the ... More


Race as a Set of Symbolic Resources: Mobilization in the Politics of Eminent Domain

Debbie Becher

in Race and Real Estate

Published in print:
2015
Published Online:
October 2015
ISBN:
9780199977260
eISBN:
9780190255251
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199977260.003.0008
Subject:
Political Science, American Politics

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 ... More


American Street I: From Badlands to Promised Lands

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0004
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

This is the first of two chapters covering the American Street project, probably the most hated eminent domain pursuit in Philadelphia’s recent history. This chapter examines the forgotten period of ... More


American Street II: From Promises to Protests

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0005
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

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 ... More


Compensating for Property by Recognizing Investments

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0008
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

Chapter 8 examines how government compensated individuals for taken properties and earned legitimacy by doing so. It analyzes the experiences of individuals enveloped by the two redevelopment ... More


The Trouble in Fort Trumbull

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0002
Subject:
Law, Constitutional and Administrative Law

Chapter one opens with a summary of the events that led to the Supreme Court’s Kelo decision. The New London Development Corporation (NLDC) sought to condemn numerous residential properties for the ... More


The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Ilya Somin

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.001.0001
Subject:
Law, Constitutional and Administrative Law

In Kelo v. City of New London (2005), the Supreme Court ruled that government can take private property and give it to another private owner in order to promote “economic development,” even though ... More


The Trouble in Fort Trumbull

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0001
Subject:
Law, Constitutional and Administrative Law

Chapter one opens with a summary of the events that led to the Supreme Court’s Kelo decision. The New London Development Corporation (NLDC) sought to condemn numerous residential properties for the ... More


Jefferson Square I: Competing Visions of Investment Protection

Debbie Becher

in Private Property and Public Power: Eminent Domain in Philadelphia

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.003.0006
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

Chapter 6 details the early years of Philadelphia’s Jefferson Square redevelopment project. Early in planning, local politicians worked with the neighborhood’s hospital owners and nearby community ... More


Assembly and Division

Lee Anne Fennell

in Slices and Lumps: Division and Aggregation in Law and Life

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226650265
eISBN:
9780226650432
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226650432.003.0003
Subject:
Law, Philosophy of Law

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” ... More


Justifications and Discussions

Susan Reynolds

in Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good

Published in print:
2010
Published Online:
July 2014
ISBN:
9780807833537
eISBN:
9781469604282
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895863_reynolds.7
Subject:
Law, Legal History

This chapter examines justifications and arguments on the principle of expropriation of land for the common good in Europe and North America between the twelfth and eighteenth centuries. It discusses ... More


The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Ilya Somin

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.001.0001
Subject:
Law, Constitutional and Administrative Law

In Kelo v. City of New London (2005), the Supreme Court ruled that government can take private property and give it to another private owner in order to promote “economic development,” even though ... More


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