在所有者估值信息不完善的情况下,征用权与政府购买土地的比较

Eminent Domain versus Government Purchase of Land Given Imperfect Information about Owners’ Valuations

Journal of Law & Economics · 2010
被引 44
人大 A-ABS 3

中文导读

比较政府通过征用权和购买两种方式获取土地的社会合意性,发现当土地所有者数量多时,征用权更优,因为购买方式可能因任何所有者拒绝出售而失败。

Abstract

Governments employ two basic policies for acquiring land: taking it through the exercise of their power of eminent domain, and purchasing it. The social desirability of these policies is compared in a model in which the government’s information about landowners’ valuations is imperfect. Under this assumption, the policy of purchase possesses the market test advantage that the government obtains land from an owner only if its offer exceeds the owner’s valuation. However, the policy suffers from a drawback when the land that the government needs is owned by many parties. In that case, the government’s acquisition will fail if any of the owners refuses to sell. Hence, eminent domain becomes appealing if the number of landowners is large. This conclusion holds regardless of whether the land that the government seeks is a parcel at a fixed location or instead is a contiguous parcel that may be located anywhere in a region.

土地征收征用权政府购买信息不对称