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The Strand not Taken
The Taxing/Taking Taxonomy in American Property LawDocumentos de TrabalhoAbril 2009Amnon LehaviTakings jurisprudence is struggling with a constant paradox. It is conventionally portrayed as chaotic and “muddy,” and yet attempts by the judiciary to create some sense of order in it...
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Design Principles of Robust Property Rights Institutions
What Have We Learned?Artigos de ConferênciasMaio 2009Elinor OstromElinor Ostrom, one of the pioneers in developing the theory of property rights, challenged the then-conventional wisdom that common-pool resources will be overharvested if clearly delineated private...
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China’s Land System
Past, Present, and FutureArtigos de ConferênciasMaio 2009Dwight H. PerkinsIn this paper, Dwight H. Perkins discusses how the development of Chinese real estate markets has generated tensions between different segments of the population and between the government and...
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Property Rights and Real Estate Privatization in Russia
A Work in ProgressArtigos de ConferênciasMaio 2009Bertrand Renaud, Joseph K. Eckert, and R. Jerome AndersonRussia has attempted to develop property rights institutions to facilitate the development of private real estate markets since 1991. As of 2008 only one city (Veliky Novgorod) of 171 medium and...
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Developing Land Markets Within the Constraint of State Ownership in Vietnam
Artigos de ConferênciasMaio 2009Stephen B. ButlerThe development of land markets in Vietnam has attracted much attention. Stephen B. Butler discusses some institutional efficiencies of land market reform in Vietnam based on a survey conducted in 12...
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The Use of Eminent Domain in São Paulo, Bogotá, and Mexico City
Artigos de ConferênciasMaio 2009In this paper, Antonio Azuela examines the conditions under which eminent domain is used in São Paulo, Bogotá, and Mexico City. Brazil, Colombia, and Mexico all went through democratic transitions...
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The Myth and Reality of Eminent Domain for Economic Development
Artigos de ConferênciasMaio 2009Jerold S. Kayden, professor at the Harvard University Graduate School of Design, tackles the question of just how often local governments in the United States exercise their eminent domain power to...
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Property Rights Protection and Spatial Planning in European Countries
Artigos de ConferênciasMaio 2009Vincent RenardConfiscation of an owner’s property is not the only form of taking. If government regulations limit all viable uses of a property and cause a substantial decrease in its value, this in most cases is...
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Should Decreases in Property Value Caused by Regulations Be Compensated?
Artigos de ConferênciasMaio 2009Abraham BellIdeally, government could recoup the benefits of land use planning and redistribute them to those who bear the costs. In this case takings compensation is justified. Given the reciprocal nature of...
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Land Registration, Economic Development, and Poverty Reduction
Artigos de ConferênciasMaio 2009Klaus Deininger and Gershon FederOne common objective of establishing secure private property rights in land, particularly in developing countries, is to reduce poverty. The World Bank and other international aid agencies have...
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