Eminent Domain: A Comparative Perspective

ISBN-13: 9781316628331 / Angielski / Miękka / 2017 / 328 str.

Iljoong Kim; Hojun Lee; Ilya Somin

Opis

A collection of essays that examines the use and abuse of eminent domain across the world.

Recenzje

'The use of the eminent domain power is common throughout democracies in both the developed and developing world. The exercise of that power, so necessary for sustainable growth, is also fraught with great peril. This timely and instructive volume fills a major gap in the literature by examining the ups and downs of eminent domain in a comparative context, with special emphasis on the law of South Korea, which has been the home to some of the most important takings conflicts in recent years.' Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Spis treści

1. Taking law from an economic perspective Hans-Bernd Schäfer; 2. Eminent domain in the United States Ilya Somin; 3. Direct expropriation: the multi-layered legal protection in Europe Anne van Aaken; 4. Eminent domain law in Taiwan: new law, old practice? Yun-chien Chang; 5. Compulsory land acquisition in developing countries: shifting paradigm or entrenched legacy? Jonathan Lindsay, Klaus Deininger and Thea Hilhorst; 6. Public interest criteria and Korea's scrutiny system Hojun Lee; 7. Who exercises the eminent domain power in Korea: with focus on private takings Iljoong Kim; 8. Just compensation in eminent domain in Korea: from the perspective of fairness Byungkoo Cho; 9. Overall due process in takings in Korea Kisang Jung; 10. Distribution of development surplus in takings Sungkyu Park; 11. Takings, disputes, and resolutions in Korea: a quantitative review Duol Kim.