Article:
John M. Payne, Intergovernmental Condemnation as a Problem in
Public Finance, 61 TEXAS L. REV. 949 (1983).
Abstract:
This Article explores the reality that unlike private property
owners, governments are not necessarily entitled to just
compensation when other governments take their property. Payne
begins with the distinction between private and public property
owners. Payne details the economic and legal justifications of
just compensation, and he concludes that compensation for
government property owners is justified, not be the
constitutional just compensation clauses, but by tax uniformity
requirements. Payne concludes the Article with a list of
principles he argues lead to a compensation scheme with
appropriate limits.