What rights does the state have over privately owned land?
Planning, Law and Economics: The Rules We Make for Using Land
Why should some landowners be favoured over others? How can the practice of land-use planning be improved?
This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general.
For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.
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Read more Read less. Review 'Needham's book is a very well argued riposte to those who would argue that planning controls are unnecessary No customer reviews. For instance, Harvey indicates that is not possible for him to formulate an abstract definition of justice, but he develops percepts that are presumably, the ones on which people can agree Fainstein, These are, in brief, the non exploitation of labor power, the elimination of forms of marginalization of social groups, access to political power and self-expression by oppressed groups, elimination of cultural imperialism, humane forms and social control, and mitigation of the adverzse ecological impacts of social projects Harvey, In this regard, Bernard Bret consider that John Rawls does not provide any recipe to define a territorial policy.
From his universal principles arise the basis of a democratic debate between social partners with equal rights This is how John Rawls states, and he insists on this precision, a political theory of justice. This is why his theory is also valuable for thinking about spatial planning policy " Bret, , translated by me.
Urban planning gives rise to a battle between a variety of actors, social groups and organizations, it is a game in the political scene. Though, with democratic debate, negotiations and considering the six propositions to govern a just planning and policy practice, we can define a just rules-in-use. Below, the figure of the process of institutional development processes according to the IAD.
My research care about the structure of interactions between different actors and how the produced rules-in-use present an issue for land justice. The politic against urban sprawl and the emergence of space-saving urbanism, make of the wastelands an opportunity for actors.
Though, the appearance of different constraints make the implementation of policies difficult and usually lead to conflictual issues. My aim is to show how the development of wastelands present a challenge for spatial justice and how can we determine the just rules-in-use between institutional and informal actors.
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This research contributes to the knowledge of how politics are used to execute decisions. Hopefully, it will inspire urban planners and decision makers to take into account the rights to land for every stakeholders association, institutional and local actors, Expected outcome The politic against urban sprawl and the emergence of space-saving urbanism, make of the wastelands an opportunity for actors. References Andres, Lauren.
Bret, Bernard. Commaille, Jacques, and Patrice Duran. Commons, J R.
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