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Takings : Private Property and the Power of Eminent Domain by Richard Allen Epstein is a history book available to read on EtoBox.

What is Takings : Private Property and the Power of Eminent Domain about?

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between

Who reads Takings : Private Property and the Power of Eminent Domain?

Author

Richard Allen Epstein

Publisher

Cambridge, Mass. : Harvard University Press

Published

1994

Language

EN

ISBN

9780674867291

Category

history

Subjects

Law, Fiction, Philosophy

Rating

3.8 / 5 (37 ratings)

Updated

2026-03-13