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Private Property and Takings Compensation

Theoretical Framework and Empirical Analysis Yun-chien Chang, Associate Research Professor and Deputy Director, Center for Empirical Legal Studies, Institutum Iurisprudentiae, Academia Sinica, Taiwan
This innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation.
Scholarly Monograph Award in the Humanities and Social Sciences, Academia Sinica
Extent: 208 pp
Hardback Price: $112.00 Web: $100.80
Publication Date: 2013
ISBN: 978 0 85793 527 4
Availability: In Stock
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  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Law and Economics
  • Politics and Public Policy
  • Public Policy
This innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation.

In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation – zero, current value, fair market value, economic value and project value compensation – and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions.

Students and professors of law, economics and public policy will find much of interest in the author’s careful analysis, as will policymakers and other government officials working on similar land use issues.
‘Drawing upon both prior research and cutting-edge data, Private Property and Takings Compensation offers an evaluation of assorted compensation strategies that should prove invaluable particularly to government policymakers and litigators.’
– The Midwest Book Review

‘Chang reviews the various standards and concludes that the proper measure, which is most invulnerable to political manipulation, calls for compensation at the fair market level of the property at its highest and best use, not just its current value.’
– From the foreword by Richard A. Epstein, New York University, US

‘This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang’s analysis of this interesting and important area is illuminating and sure to spark further dialogue.’
– Lee Anne Fennell, University of Chicago Law School, US

‘Chang’s book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivize assessors.’
– Daniel L. Rubinfeld, University of California, Berkeley, US
Contents: Foreword by Richard Epstein Introduction Part I: Theoretical Framework 1. A New Analytical Framework 2. Condemnors: Three Behavioral Theories 3. Condemnees: Four Types of Incentives 4. Four Assessment Methods Part II: Empirical Analysis 5. Taiwan 1977–2009 and Condemnors’ Incentives 6. Taiwan 1954–77 and Condemnees’ Incentives 7. Settled Compensation in New York City and the Power of Hedonic Regression Models 8. Adjudicated Compensation in New York City and the Failure of Appraisal Methods Conclusion References Index