Property Rights and Eminent Domain

Abstract

In a country built on institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves highest priority, Ellen Frankel Paul challenges one of dominant trends of past half century: erosion of property rights via zoning and land use restrictions, carried on by government exercising its or promoting the public interest. Paul begins by examining arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of exercise of eminent domain and police powers. She traces philosophical arguments for two powers as well as their tortuous judicial history, meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In concluding portion of book, very legitimacy of eminent domain is questioned and author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of present power regulations on land, but also provides an exhaustive history of development of law in these two areas and of philosophical ideas of thinkers who helped shape this process. This book is distinctive because it places a theory of just acquisition of property at heart of answer to question of extent to which governments can rightfully exercise powers of eminent domain and police. Amazingly, in a country built on institution of private property, right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves highest priority--is a major step toward filling void.--Robert Hessen, Stanford University