Takings

Private Property and the Power of Eminent Domain

Richard Epstein

    Philosophical Preliminaries

    A Tale of Two Pies
    Hobbesian Man, Lockean World
    The Integrity of Constitutional Text

    Takings Prima Facie

    Takings and Torts
    Partial Takings: The Unity of Ownership
    Possession and Use
    Rights of Disposition and Contract
    Taking from Many: Liability Rules, Regulations, and Taxes

    Justifications for Takings

    The Police Power: Ends
    The Police Power: Means
    Consent and Assumption of Risk

    Public Use and Just Compensation

    Public Use
    Explicit Compensation
    Implicit In-Kind Compensation
    Property and the Common Pool
    Regulation
    Taxation
    Transfer Payments and Welfare Rights

    Conclusion: Philosophical Implications

    Index of Cases
    General Index

  • Cover: Takings

Richard A. Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago and an Adjunct Scholar of the Cato Institute.