Takings: Private Property and the Power of Eminent Domain

Richard A. Epstein

Published by Harvard University Press 1985

Takings

Private Property and the Power of Eminent Domain

Richard A. Epstein

https://doi.org/10.4159/9780674036550

Overview
Contents

About this book

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.

Reviews

A dazzling book, filled with brilliant insights and powerful arguments that promise to reshape our thinking in political philosophy.
-- Laissez Faire Books

This brilliant new book has the intriguing thesis that the eminent domain (or ‘takings’) clause of the United States Constitution, properly understood, provides clear limits to government power, protects private property, and forbids any legislation that has the effect of redistributing wealth… It would be hard to overestimate [its] importance.
-- The Freeman

Takings…makes a fascinating case that the New Deal is, simply, unconstitutional.
-- Wall Street Journal

[Epstein] combines legal scholarship and libertarian conviction to produce a brief against the destruction of property rights in modern America… A refreshing challenge to most conventional defenses of the welfare state.
-- National Review

Topics

Frontmatter Publicly Available Download PDF	i
Preface Publicly Available Download PDF	vii
Contents Publicly Available Download PDF	xiii
PART I. Philosophical Preliminaries
1. A Tale of Two Pies Requires Authentication Unlicensed Licensed Download PDF	1
2. Hobbesian Man, Lockean World Requires Authentication Unlicensed Licensed Download PDF	7
3. The Integrity of Constitutional Text Requires Authentication Unlicensed Licensed Download PDF	19
PART II. Takings Prima Facie
4. Takings and Torts Requires Authentication Unlicensed Licensed Download PDF	35
5. Partial Takings: The Unity of Ownership Requires Authentication Unlicensed Licensed Download PDF	57
6. Possession and Use Requires Authentication Unlicensed Licensed Download PDF	63
7. Rights of Disposition and Contract Requires Authentication Unlicensed Licensed Download PDF	74
8. Taking from Many: Liability Rules, Regulations, and Taxes Requires Authentication Unlicensed Licensed Download PDF	93
PART III. Justifications for Takings
9. The Police Power: Ends Requires Authentication Unlicensed Licensed Download PDF	107
10. The Police Power: Means Requires Authentication Unlicensed Licensed Download PDF	126
11. Consent and Assumption of Risk Requires Authentication Unlicensed Licensed Download PDF	146
PART IV. Public Use and Just Compensation
12. Public Use Requires Authentication Unlicensed Licensed Download PDF	161
13. Explicit Compensation Requires Authentication Unlicensed Licensed Download PDF	182
14. Implicit In-Kind Compensation Requires Authentication Unlicensed Licensed Download PDF	195
15. Property and the Common Pool Requires Authentication Unlicensed Licensed Download PDF	216
16. Tort Requires Authentication Unlicensed Licensed Download PDF	229
17. Regulation Requires Authentication Unlicensed Licensed Download PDF	263
18. Taxation Requires Authentication Unlicensed Licensed Download PDF	283
19. Transfer Payments and Welfare Rights Requires Authentication Unlicensed Licensed Download PDF	306
CONCLUSION. Philosophical Implications Requires Authentication Unlicensed Licensed Download PDF	331
Index of Cases Requires Authentication Unlicensed Licensed Download PDF	353
General Index Requires Authentication Unlicensed Licensed Download PDF	358

Language: English
Publisher: Harvard University Press
Audience: Professional and scholarly;
Pages
- Main content: 376

eBook

Published: July 1, 2009
ISBN: 9780674036550