自利政府的土地征收:征用权的经济分析

Takings of Land by Self-Interested Governments: Economic Analysis of Eminent Domain

Journal of Law & Economics · 2018
被引 13
人大 A-ABS 3

中文导读

研究了征用补偿不足和政府非完全代理两个特征对征收效率的影响,发现全额补偿无法保证效率,而低补偿加归还机制能改善投资和征收决策。

Abstract

In this paper, we model and examine the effects of two salient features of eminent-domain law and its use. First, the compensation is less than full. Second, the government is not a perfect agent of society. Once these features are taken into account, several claims in the existing literature do not hold. Our results question the fiscal illusion theory. We show that full compensation ensures efficiency neither of the takings nor of the investment decisions. Moreover, departure from efficiency can get worse with the tightening of budget constraints. However, undercompensation, combined with the provision of restitution, delivers a better outcome in terms of investment choices by the owners and the taking decisions and choice of projects by the government. Furthermore, we show that fixed-compensation schemes generally are not efficient even if the government is benevolent, but undercompensation can still deliver an outcome more efficient than full compensation.

土地征收政府自利征收补偿效率分析