Eminent Domain
A Comparative Perspective

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

Iljoong Kim (Edited by), Hojun Lee (Edited by), Ilya Somin (Edited by)

9781107177291, Cambridge University Press

Hardback, published 6 April 2017

322 pages, 30 b/w illus. 18 tables
23.6 x 16 x 2.5 cm, 0.62 kg

'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

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

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.

Subject Areas: Personal property law [LNSP], Property law [LNS], Company law [LNCD], Company, commercial & competition law [LNC], Private / Civil law: general works [LNB], Laws of Specific jurisdictions [LN], Private international law & conflict of laws [LBG], International law [LB], Law [L]