Compulsory Property Acquisition for Urban Densification

Compulsory Property Acquisition for Urban Densification

Author: Glen Searle

Publisher: Routledge

Published: 2018-06-14

Total Pages: 298

ISBN-13: 1351386751

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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: Whether compulsory acquisition to increase densification is justified in practice and in theory The specific public benefits given for compulsory acquisition The role the development industry plays in facilitating, encouraging or promoting compulsory acquisition What compensation or offsets are offered for acquisition, and how are they funded? Is there a local or national history of compulsory property acquisition by government for a range of purposes? Is compulsory acquisition restricted to certain types or locations of densification? 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.


People, Place and Property Rights

People, Place and Property Rights

Author: Ulrika Kolben Waaranperä

Publisher: Routledge

Published: 2021-10-31

Total Pages: 142

ISBN-13: 1000468879

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For more than a century, property rights to land in Molo in the Kenyan highlands have been subjected to diverse reforms and desires. Colonial and independent state administrations have restructured land tenure systems to establish and maintain authority or alleviate landlessness. Meanwhile, people on the ground have developed their own ideas about property rights, place, and people. Via a detailed political ethnography, Ulrika Kolben Waaranperä uncovers the heterodox notion of property rights that has emerged as land has been redistributed, settlement schemes established, electricity lines drawn, and electoral violence mobilized. The book makes an important contribution to the study of land and politics in Kenya and beyond by drawing attention to how conceptions of property rights are shaped by and constitutive of relations of belonging and authority. This relational view challenges the universal definition of property rights undergirding most contemporary land reforms. Instead, property rights are situated within the political and rendered legible for both definitional and distributional debates. In effect, land reform is posited as a fundamentally political undertaking.


Property Rights in Outer Space

Property Rights in Outer Space

Author: Matthew Johnson

Publisher: Taylor & Francis

Published: 2024-05-28

Total Pages: 189

ISBN-13: 1040037151

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This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the US passed laws that would recognise the claims of US corporations to own and sell space resources. This unilateral act of pre-emptive law-making would appear to contravene the terms of the UN Outer Space Treaty (1967), which declared that the exploration and use of outer space should be ‘for the benefit of all mankind’ and ‘not subject to national appropriation’. Using this central dynamic between privately held mining rights and outer space as a 'global commons', Matthew Johnson constructs an historical sociology of space mining – from the deep historical roots of common and private property to the contemporary networks of neoliberalism that have engaged with the commercialisation of space activity. The anticipatory expansion of private property claims beyond the Earth both resonates with and problematises the ‘terrain’ of political history, such as the tensions between states and markets, public law and private power, ‘the commons’ and exclusive property. The emerging cosmopolitics of off-world private property mirrors (and is often explicitly embedded within) neoliberal geopolitics, prompting urgent questions about how we can reaffirm principles of democracy and ‘common heritage’ in the international laws of Earth and space. This book is compelling reading for anyone interested in the social study of space, law, economics, technology, politics and property rights.


Property Rights from Below

Property Rights from Below

Author: Olivier De Schutter

Publisher: Routledge

Published: 2019-12-06

Total Pages: 403

ISBN-13: 1317220021

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Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.


Pseudo-Public Spaces in Chinese Shopping Malls

Pseudo-Public Spaces in Chinese Shopping Malls

Author: Yiming Wang

Publisher: Routledge

Published: 2019-06-07

Total Pages: 404

ISBN-13: 0429515979

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Shopping malls in China create a new pseudo-public urban space which is under the control of private or quasi-public power structure. As they are open for public use, mediated by the co-mingling of private property rights and public meanings of urban space, the rise, publicness and consequences of the boom in the construction of shopping malls raises major questions in spatial political economy and magnifies existing theoretical debates between the natural and conventional schools of property rights. In examining these issues this book develops a theoretical framework starting with a critique of the socio-spatial debate between two influential bodies of work represented by the work of Henri Lefebvre and David Harvey. Drawing on the framework, the book examines why pseudo-public spaces have been growing so rapidly in China since the 1980s; assesses to what degree pseudo-public spaces are public, and how they affect the publicness of Chinese cities; and explores the consequences of their rise. Findings of this book provide insights that can help to better understand Chinese urbanism and also have the potential to inform urban policy in China. This book will be of interest to academics and researchers in both Chinese studies and urban studies.


Research Handbook on Housing, the Home and Society

Research Handbook on Housing, the Home and Society

Author: Keith Jacobs

Publisher: Edward Elgar Publishing

Published: 2024-08-06

Total Pages: 639

ISBN-13: 1800375972

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This dynamic Research Handbook explores key perspectives, topics and methodologies used to understand housing, the home and society. Pairing social theory with a broad range of case studies from the Global North and South, it offers a unique insight into the field.


Contemporary China’s Land Use Policy

Contemporary China’s Land Use Policy

Author: Long Cheng

Publisher: Springer Nature

Published: 2020-09-24

Total Pages: 180

ISBN-13: 9811583315

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This book discusses contemporary China’s land use policy – the Link Policy – which calls for land consolidation and rural resettlement to achieve the goal of preserving farmland while also providing more space for urban development. Given the limited analyses and commentaries on the Link Policy in the literature, particularly in English-language articles, the book systematically presents and analyzes China’s land use policy by assessing the impacts of the Link Policy on rural life and how effective the Link Policy is in achieving its objectives. It also examines how satisfied farmers are with the policy and what the contributing factors are. Drawing on a critical review of the literature, field observations and interviews with resettled farmers, the book offers insights into China’s land use policy, and compares it with similar policy instruments in other countries. Presenting research findings that help readers gain a holistic understanding of the Link Policy in China and its implications, the book is a valuable resource for professionals in other developing countries that are facing similar challenges in terms of balancing urban development and farmland conservation.


Analyzing Land Readjustment

Analyzing Land Readjustment

Author: Yu-hung Hong

Publisher:

Published: 2007

Total Pages: 228

ISBN-13:

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In this book, the authors argue for instigated property exchange--a concept applied in a land-assembly method commonly known in the literature as land readjustment.


Regenerating Urban Land

Regenerating Urban Land

Author: Rana Amirtahmasebi

Publisher: World Bank Publications

Published: 2016-06-02

Total Pages: 572

ISBN-13: 1464804745

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Regenerating Urban Land draws on the experience of eight case studies from around the world. The case studies outline various policy and financial instruments to attract private sector investment in urban regeneration of underutilized and unutilized areas and the requisite infrastructure improvements. In particular, each case study details the project cycle, from the scoping phase and determination of the initial amount of public sector investment, to implementation and subsequent leveraged private-sector funds. This manual analyzes rates of return on the investments and long-term financial sustainability. Regenerating Urban Land guides local governments to systematically identify the sequence of steps and tasks needed to develop a regeneration policy framework, with the participation of the private sector. The manual also formulates specific policies and instruments for expanding private sector participation; structuring effective administrative and legal frameworks; utilizing land readjustment/assembly methods; determining duration of contracts, adequate phasing, and timeline; and balancing the distribution of risk and sustainability measures.


Economics, Real Estate and the Supply of Land

Economics, Real Estate and the Supply of Land

Author: Alan W. Evans

Publisher: John Wiley & Sons

Published: 2008-04-30

Total Pages: 272

ISBN-13: 0470698322

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The book draws together the economic literature relating to the supply of land for development. The standard view appears to be that the owners of land have no interest other than to allow their land to be used for the activity which would yield the highest income. But in reality this is not so and the book's aim is to demonstrate this, to set out the reasons and to show the economic effects of the fact that landowners have other motives. The book covers the supply of land for urban development and shows how land has characteristics which differentiate it from other factors of production which will also affect its supply for some uses, e.g. land is fixed in location and its price and value are inseparable from where it is. New light is cast on the market for land (by concentrating on the supply side), and on land use planning (by taking an economic viewpoint).