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Friday, May 9, 2008

McCall on North Carolina Eminent Domain

Jamie R. McCall (UNC-Chapel Hill School of Gov't) has posted The Use of Eminent Domain by North Carolina Counties: Historical Patterns, Current Trends, and Decision Variables on SSRN.  Here's the abstract:

A 2006 report by the Government Accountability Office states that little data or research exists on the use of eminent domain by state or local governments. In an effort to help fill this knowledge gap, this capstone examines how eminent domain is used and what variables are important in the execution of eminent domain action by North Carolina county governments. This analysis uses data from a survey of county managers about eminent domain policies and practices. The data show a wide variation of how counties utilize eminent domain, but also suggest that the bulk of eminent domain action is for public infrastructure and public facilities. A wide variety of factors influence county government decisions to condemn property, and the presence of certain structures like religious institutions discourage counties from using eminent domain. Additionally, some counties also engage in alternative strategies before deciding to use their eminent domain authority.

Ben Barros

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http://lawprofessors.typepad.com/property/2008/05/mccall-on-north.html

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