National Tax Journal · 2008 · 19 citations · 14 references
LawLand-use PlanningPublic FinanceLocal TaxationPublic EconomicsTaxationEminent DomainLand TaxationLand ValuationLand Value CaptureLocal Tax PolicyProperty TaxEminent Domain CompensationEminent Domain OccupationLocal Government IncentivesMunicipal Eminent DomainRedevelopment EconomicsRedevelopment TakingsTakings ValuationTax Reassessment Effects
Tax motivated takings are takings by a local government aimed purely at increasing its tax base. Such an action was justified by the Supreme Court's ruling in Kelo v. New London, which allowed the use of eminent domain for a private redevelopment project on the grounds that the project promised spillover public benefits in the form of jobs and taxes. This paper argues that tax motivated takings can lead to inefficient transfers of land for the simple reason that assessed values understate owners' true values. We, therefore, propose a reassessment scheme that may reduce the risk of this sort of inefficiency.
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Harvard Law Review · 1897 · 914 citations
Regulatory takings: law, economics, and politics
Choice Reviews Online · 1995 · 174 citations