Compulsory Property Acquisition for Urban Densification

Glen Searle

• Éditeur: Routledge
• Année: 2018
• ISBN:
  9781351386753
• Édition: 1
• Sujet: Law
• Sous-sujet: Housing & Urban Development Law

Densification has been a central method of achieving smart, sustainable cities across the world. This book explores international examples of the property rights tensions involved in attempting to develop denser, more sustainable cities through compulsory acquisition of property. The case studies from Europe, North America, eastern Asia and Australia show how well, or not, property rights have been recognised in each country. Chapters explore the significance of local legal frameworks and institutions in accommodating property rights in the densification process. In particular, the case studies address the following issues and more:

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• Whether compulsory acquisition to increase densification is justified in practice and in theory

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• The specific public benefits given for compulsory acquisition

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• The role the development industry plays in facilitating, encouraging or promoting compulsory acquisition

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• What compensation or offsets are offered for acquisition, and how are they funded?

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• Is there a local or national history of compulsory property acquisition by government for a range of purposes?

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• Is compulsory acquisition restricted to certain types or locations of densification?

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• Where existing housing is acquired, are there obligations to provide alternative housing arrangements?

The central aim of the book is to summarize international experiences of the extent to which property rights have or have not been protected in the use of compulsory property acquisition to achieve sustainable cities via urban densification. It is essential reading for all those interested in planning law, property rights, environmental law, urban studies, sustainable urban development and land use policy.