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Eminent Domain: A Comparative Perspective

Eminent Domain: A Comparative Perspective

Author: Iljoong Kim, Hojun Lee, Ilya Somin
Publisher: Cambridge University Press
ISBN: 9781107177291

Published In: April 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316628331

List Price: AU$286.00

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The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, they offer a comparative perspective and consider a wide range of possible solutions to these problems.

1. Taking law from an economic perspective Hans-Bernd Schafer

2. Eminent domain in the United States Ilya Somain

3. Direct expropriation: the multi-layered legal protection in Europe Anne van Aaken

4. Eminent domain law in Taiwan: new law, old practice? Yun-chien Chang

5. Compulsory land acquisition in developing countries: shifting paradigm or entrenched legacy? Jonathan Lindsay, Klaus Deininger and Thea Hilhorst

6. Public interest criteria and Korea's scrutiny system Hojun Lee

7. Who exercises the eminent domain power in Korea: with focus on private takings Iljoong Kim

8. Just compensation in eminent domain in Korea: from the perspective of fairness Byungkoo Cho

9. Overall due process in takings in Korea Kisang Jung

10. Distribution of development surplus in takings Sungkyu Park

11. Takings, disputes, and resolutions in Korea: a quantitative review.