Journal Article

Government Takings: Determinants of Eminent Domain

Carrie B. Kerekes

in American Law and Economics Review

Published on behalf of The American Law and Economics Association

Volume 13, issue 1, pages 201-219
Published in print January 2011 | ISSN: 1465-7252
Published online January 2011 | e-ISSN: 1465-7260 | DOI:
Government Takings: Determinants of Eminent Domain

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  • Property Law
  • Public Economics


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There is a well-documented link between institutions of secure property rights and economic development. The increasing use of eminent domain to transfer property from one private owner to another for private benefit, upheld in the Supreme Court's controversial Kelo decision, undermines the security of property rights. While previous research examines the effect of eminent domain use, this paper explores which factors explain varying levels of eminent domain use for private benefit across states. The author finds that corruption, election of state Supreme Courts, federalism, and economic freedom are important determinants of eminent domain use for private benefit.

Keywords: H70; H82; K11

Journal Article.  4746 words. 

Subjects: Property Law ; Public Economics

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