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Tuesday, July 22, 2008
Posted by: Donald Kochan at 12:58 AM
A very interesting and enllightening book by Don Corace, "Government Pirates," exposes the methods and means by which the government can use its eminent domain or regulatory powers to diminish or take our private property rights, and the impact on property owners -- especially post-Kelo.  His perspective and stories come as a developer "In the trenches" not just one of us eggheads in the ivory tower.

Government Pirates: The Assault on Private Property Rights--and How We Can Fight It

There is little chance for serious takings reform, but if there is any hope it will come from books like this one.  The pirates are coming and we need to figure out if there is any way to save the ship.

I've had a few thoughts on the subject of eminent domain and regulatory takings abuse and some of them can be downloaded at the cites below:

Donald J. Kochan, "Public Use" and the Independent Judiciary: Condemnation in an Interest-Group Perspective, 3 Texas Rev. L. & Pol. 49 (1998).

Donald J. Kochan, Reforming the Law of Takings in Michigan, A Mackinac Center Report (April 1996).

Yes, both articles are a litlle dated but, frankly, not much is changing in takings law or the political incentive structure regarding eminent domain, which is all the more reason for pessimism -- or alternatively ALL the more reason for an enhanced campaign.  The train left the station a long time ago -- is there a way to switch the track?

Also listen in to the Hugh Hewitt Show archives here for a conversation on takings between myself, Professor Matthew Parlow, and Hugh.




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