Document Type

Working Paper

Publication Date

1-18-2014

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; Administrative Law eJournals; LSN Subject Matter eJournals; SRPN Subject Matter eJournals; Sustainability Research & Policy Network; Environmental & Natural Resources Law eJournals

Abstract

The spread of renewable energy mandates new discoveries of unconventional oil and gas and the need to harden and upgrade telecommunications infrastructure will lead to expansions in large infrastructure easements over the next decade Many of these easements will be taken by eminent domain In this paper we examine the problems posed by this involuntary creation of coownership of land Existing eminent domain laws are insufficient to address the problems created because they allow the courts to vary only one term price Given difficulty in pricing many of the other terms to the easements eg indemnification agreements for landowners controlling impacts on hunting leases or compliance efforts to control invasive species reforms are necessary to allow courts to substitute for the bargaining process that eminent domain short circuits

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