Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi
Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi
Michigan Journal of International Law
In the post-1989 world, the primacy of private property is taken for granted. The final fall of communism, it would seem, is an adequate commentary of the supremacy of private property arrangements in facilitating economic development. Debates pitting plan (with its associated appetite for communal or collective property) against market (with its avowed belief in private property) are now considered superfluous. As far as the "Western world" was concerned, it seemed that the task of persuading the rest of the world that private property is the key to efficient market performance and economic development had finally been accomplished. The only …
Public Ruses, James E. Krier, Christopher Serkin
Public Ruses, James E. Krier, Christopher Serkin
Articles
The public use requirement of eminent domain law may be working its way back into the United States Constitution. To be sure, the words "public use" appear in the document-and in many state constitutions as well, but the federal provision applies to the states in any event-as one of the Fifth Amendment's limitations on the government's inherent power to take private property against the will of its owners. (The other limitation is that "just compensation" must be paid, of which more later.) Any taking of private property, the text suggests, must be for public use. Those words, however, have amounted …