Monday, February 5, 2007
Eminent domain continues to be the land use issue that most often galvanizes public opinion. In lieu of forbidding government from using its power for the purpose of economic development, how else could the law be made “fairer” to landowners whose property is taken? Professors Amnon Lahavi and Amir N. Licht have recently published a proposal that addresses one of the most commonly cited justifications for such eminent domain –- the “holdout” who stymies the “assembly” of a large private development project.
Under the proposal of Lahavi and Licht, a landowner whose property is taken for economic development would be given the option of accepting shares in a specially created development corporation that would assemble the development project.
While this proposal would likely give affected landowners more money than they might get in a typical fair market value determination –- a goal of many proposed adjustments to eminent domain law –- it seems to do less to address the absolute “rights” issue that seems to bother so many Americans viscerally.
Here’s one historical anecdote on the supposed “assembly” problem for development projects. As explained in Daniel Okrent’s immensely entertaining "Great Fortune: The Epic of Rockefeller Center," the Rockefellers were faced with stubborn holdouts (in the Great Depression!) to their big plan for midtown Manhattan. Their solution? They simply built around the holdouts. The result? The most acclaimed urban business development in American history.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Jamie Baker Roskie on Uber Goes to the State House Seeking Preemption of Local Government Control
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- What to make of the fierce new debate over the efficacy of California's energy codes?
- The W&L Top 100 Law Review Rankings and the Land Use Law Scholar
- CFP: 2015 Future of Places Conference (lead-in to Habitat III) in Stockholm: Deadline of April 15
- Water Down Under: A Report from Australia by Barbara Cosens: Post 7: Conjunctive Management Down Under
- Interior unveils final rule governing fracking regulations on public lands