A Man's House is His Castle': An Economic and Comparative Approach to Compensation and Gain Sharing in Public and Private Takings

Author:Geir Stenseth
Position::Professor Dr. Juris, Inland Norway University of Applied Sciences at Lillehammer; in the fall of 2017, the author joined the Faculty of Law at the University of Oslo

Takings compensation in North America and Europe has generally been related to "market value" in its various conceptions. The U.S., however, has experienced a wave of compensation increases on the state level lately, in particular when homes are taken ("subjective value") and for takings motivated by "economic development". On the European continent, influential jurisdictions like France and... (see full summary)

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