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The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany Berger
The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany Berger
Faculty Articles and Papers
The main economic justification for compensating owners for losses from land use restrictions is based on a surprising mistake. Compensation is said to make governments internalize the costs of their actions and therefore enact more efficient regulations. Without compensation, the argument goes, governments operate under a fiscal illusion because, from their perspective, their actions are costless. The problem is that this argument makes no sense as a description of the actual costs to governments. Taxation is the main way governments get revenue, and most taxes depend on the value of property and its permissible uses. If a government restricts land …