Takings: Private Property and the Power of Eminent Domain
E861691
Takings: Private Property and the Power of Eminent Domain is a influential legal and economic treatise by Richard A. Epstein that argues for strong constitutional limits on government power to regulate or seize private property.
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
book
ⓘ
economic treatise ⓘ legal treatise ⓘ |
| academicReception |
controversial among constitutional scholars
ⓘ
highly influential in property law scholarship ⓘ |
| aimsTo | reconstruct takings doctrine on economic and classical liberal grounds ⓘ |
| author | Richard A. Epstein NERFINISHED ⓘ |
| authorAffiliation | University of Chicago Law School NERFINISHED ⓘ |
| authorOccupation | legal scholar ⓘ |
| centralClaim |
government must compensate owners whenever regulations diminish property value beyond a broad threshold
ⓘ
the Takings Clause should apply to both physical and regulatory interferences with property NERFINISHED ⓘ |
| citedIn | United States legal scholarship on regulatory takings ⓘ |
| countryOfFocus | United States NERFINISHED ⓘ |
| critiques | expansive police power justifications for regulation without compensation ⓘ |
| genre |
law and economics
ⓘ
legal theory ⓘ |
| hasFormat |
hardcover
ⓘ
paperback ⓘ |
| hasISBN | 9780674867298 ⓘ |
| influencedField |
constitutional theory
ⓘ
law and economics ⓘ property law ⓘ |
| language | English ⓘ |
| legalPerspective |
classical liberal
ⓘ
libertarian ⓘ |
| mainSubject |
Fifth Amendment to the United States Constitution
NERFINISHED
ⓘ
constitutional law ⓘ eminent domain ⓘ private property rights ⓘ regulatory takings ⓘ takings clause ⓘ |
| positionOnGovernmentPower | supports strong constitutional limits on government interference with private property ⓘ |
| positionOnRegulation | argues that many regulations should be treated as compensable takings ⓘ |
| positionOnTakingsClause | advocates broad interpretation of takings ⓘ |
| publicationYear | 1985 ⓘ |
| publisher | Harvard University Press NERFINISHED ⓘ |
| relatedConcept |
just compensation
ⓘ
police power ⓘ property as a bundle of rights ⓘ public use requirement ⓘ |
| structure | systematic doctrinal and economic analysis of takings law ⓘ |
| targetAudience |
judges
ⓘ
law students ⓘ legal scholars ⓘ policy makers ⓘ |
| usesMethodology | economic analysis of law ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.