Takings: Private Property and the Power of Eminent Domain, <i>by Richard A. Epstein</i>

David Adamany

Political Science Quarterly · 1987 · 400 citations · 0 references

Concepts

Abstract

Philosophical Preliminaries A Tale of Two Pies Hobbesian Man, Lockean World The Integrity of Constitutional Text Takings Prima Facie Takings and Torts Partial Takings: The Unity of Ownership Possession and Use Rights of Disposition and Contract Taking from Many: Liability Rules, Regulations, and Taxes Justifications for Takings The Police Power: Ends The Police Power: Means Consent and Assumption of Risk Public Use and Just Compensation Public Use Explicit Compensation Implicit In-Kind Compensation Property and the Common Pool Regulation Taxation Transfer Payments and Welfare Rights Conclusion: Philosophical Implications Index of Cases General Index