Takings: Private Property and the Power of Eminent Domain Reprint Edition

by Richard A. Epstein (Author)

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ISBN-13: 978-0674867291

ISBN-10: 0674867297

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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 permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers' compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein's theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

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Editorial Reviews

About the Author

Richard A. Epstein is Laurence A. Tisch Professor of Law at New York University School of Law, Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, and James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer at the University of Chicago Law School. He is the author of, among other books, Takings: Private Property and the Power of Eminent Domain; Simple Rules for a Complex World; Design for Liberty: Private Property, Public Administration, and the Rule of Law; and The Dubious Morality of Modern Administrative Law.

Product details

Paperback: 376 pages
Publisher: Harvard University Press; Reprint edition (January 1, 1985)
Language: English
ISBN-10: 0674867297
ISBN-13: 978-0674867291
Product Dimensions: 7 x 0.9 x 10 inches
Shipping Weight: 1.1 pounds (View shipping rates and policies)
Customer Reviews: 13 customer ratings
Amazon Best Sellers Rank: #570,597 in Books (See Top 100 in Books)
- #4984 in Political Science (Books)
- #341 in Civil Law Procedure (Books)
- #3333 in Law (Books)

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D. W. MacKenzie

More than it might seem

Reviewed in the United States on March 19, 2008

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The author of takings sorts out some vital issues. This book sorts out eminent domain issues, based on a clearly described economic theory of government. Epstein settles the 'Lockean Proviso' issue, and reasons through many other issues. For example, he makes the case for flat taxes over so called progressive taxes. But above all, this book establishes that anything that the government does constitutes a taking of some kind, and takings are only justified in very limited circumstances.

Takings is the best reasoned critique of modern transfer states that I have seen. This is one of a few books that has really changed the way I think about political economy. Every Law and Public Policy student should read this book, as should David Souter.

13 people found this helpful

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D-Nice

Brilliant law and econ analysis

Reviewed in the United States on April 30, 2019

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A sound defense of property rights and the Constitution. Glad I discovered Epstein

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avidreader

Clear, Logical Writing.

Reviewed in the United States on March 6, 2017

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Clear, logical writing. Covers a number of topics related to property rights. Epstein makes a strong case for how takings have been subverted from the original meaning in the constitution.

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Isaiah Kalinowski

Great book in great condition.

Reviewed in the United States on May 22, 2015

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Great.

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Mangus Colorado

Greatest mind on planet earth.

Reviewed in the United States on September 2, 2013

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I have read many books on these subjects but none are as compelling as Epstein. Not only a great debater/teacher but a great American treasure. I have all of his works now.

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John

the Supreme Court should read this book

Reviewed in the United States on November 2, 2011

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Yes, as the United States government drifts further and further from what the Founding Fathers intended, we witness more and more "Takings" that in fact are unconstitutional.

It is refreshing to see this truth in print in a well-reasoned and comprehensive book.

My only warning: the style of this book is highly intellectual and academic. This is not casual reading material.

John Christmas, author of "Democracy Society"

4 people found this helpful

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Dr. William

A must...

Reviewed in the United States on September 22, 2009

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Anyone in politics, law, or interested at all in how you are being stripped of your rights - all quite reasonably or not so reasonably need - need to read this book. A very clear insight.

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sherry Fletcher

Five Stars

Reviewed in the United States on February 8, 2015

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Excellent material

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