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The Evolution of Eminent Domain: Market Failure or an Effort to Limit Government Power and Government Failure?
By Bruce L. Benson
This article appeared in the Winter 2008 issue of The Independent Review


Abstract

Even if the holdout problem may impede the efficient use of land, it is not the reason for the historical development of government’s power of eminent domain. This power originated after the Norman conquest, when English kings granted stewardship of property to subordinates but maintained the right to take property back, and the barons sought to restrict the king's arbitrary takings.



Other Independent Review articles by Bruce L. Benson
    Winter 2007   The Market for Force
    Fall 2005   The Mythology of Holdout as Justification for Eminent Domain and Public Provision of Roads
    Spring 2002   Crime and Politics: Big Government’s Erratic Campaign for Law and Order
[View All (6)]


Volume 12 Number 3
Winter 2008

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