征收、补偿以及对已开发与未开发财产所有者的平等对待

Takings, Compensation, and Equal Treatment for Owners of Developed and Undeveloped Property

Journal of Law & Economics · 1997
被引 81
人大 A-ABS 3

中文导读

构建了一个政府征收的经济模型,分析补偿与平等对待如何影响土地所有者的开发决策及政府效率,对研究征收补偿制度的经济学者有参考价值。

Abstract

This article constructs an economic model of government takings in which some property owners develop their land earlier than others. Because it is efficient for the government to “take” undeveloped land before developed land, uncompensated takings will give landowners an incentive to develop their property early in order to reduce the risk of government appropriation. This overdevelopment incentive can be countered, and efficiency thereby restored, if landowners are appropriately compensated when their property is taken, or if “equal treatment” is afforded to owners of developed and undeveloped land. However, when the government responds to political pressure, a judicial compensation requirement will often lead to less government land use regulation than is efficient. In contrast, a judicial equal treatment requirement can elicit efficient development and regulatory decisions.

政府征收补偿土地开发时序效率