The tension between private property rights, human rights, and community are at an all time high in many parts of the world. Social and political changes along with the pressures of globalization call for a new look at the role of private property and its place within the framework of democratic societies.This book addresses the current status of eminent domain and takings law jurisprudence. The focus is the relationship between private property, individual rights and community. The work covers a variety of points of view with respect to the legal, economic, and socio-legal aspects of property and of takings law, with reference to issues of governance, citizenship, community building, and economic development. Contributions address all sides of the issue considering various theories of property that stand behind the need to provide strong protection of private property rights and those that tip the balance in favor of community access to property for the promotion of public goals. Reference is made to the Kelo v New London case and several contributions provide a comparative view of similar issues and disputes in the European context.

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Book Chapter

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Robin Paul Malloy, ed.