Private roads and eminent domain

From: Rafal Smigrodzki (rafal@smigrodzki.org)
Date: Thu Mar 06 2003 - 20:36:27 MST

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    Daniel Ust asked me which one of the libertarian theorists supports the
    existence of eminent domain.

    Sorry to be so late with the answer - I meant Richard A. Epstein, who in his
    "Simple rules for a complex world", pp. 128 and thereabouts, concedes that a
    limited form of eminent domain is necessary to achieve optimal economic
    outcomes through the prevention of the "holdout problem".

    BTW, this is a very, very smart book. Epstein is an outstanding lawyer and
    his work deals primarily with the analysis of the judicial system, with only
    very limited asides about the general political setup. He outlines a set of
    seven "simple rules", to a large extent derived from common law, clearly
    describes why these rules are superior to the complex and destructive legal
    edifice built over the last 50 years, and dissects the reasons why follies
    like the Civil Rights Act, or Americans with Disability Act achieve outcomes
    opposite to their stated noble intentions. If there is simplicity in his
    analysis, it is the simplicity of genius.

    Highly recommended.

    Rafal



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