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Vol 24 No 4 April/May 2019

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Compulsory Property Acquisition for Urban Densification

Edited by: Glen Searle

ISBN13: 9781138500990
Published: June 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

Despatched in 4 to 6 days.

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 and South 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.

Property Law, Planning Law
Chapter 1Introduction, Glen Searle (University of Queensland and University of Sydney)
Part 1 Standard Compensation Approaches
Chapter 2Compulsory land acquisition in the Netherlands, Sanne Holtslag-Broekhof (Cadastre, Land Registry and Mapping Agency, The Netherlands), Thomas Hartmann (Utrecht University) and Tejo Spit (Utrecht University)
Chapter 3 Use of Compulsory Purchase (Eminent Domain) for Densification in the United States, Edward Sullivan (Portland State University)
Chapter 4 Compulsory acquisition in UK public housing estate renewal: legal, planning and project delivery perspectives, Gary Cox (University of Sydney)
Chapter 5 Accommodating densification and sustainability in the inner-city: Case study of Griffintown in Montreal, Sebastien Darchen (University of Queensland)
Part 2 Compensation via Allocation of New Property Rights
Chapter 6 The least invasive intervention: Expropriation, land readjustment, and densification in Germany, Benjamin Davy (TU Dortmund University)
Chapter 7 Compulsory property acquisition for densification in Spain, Demetrio Munoz Gielen (Nijmegen School of Management)
Chapter 8 Better City, Better Life? Patterns of Dispossession and Hierarchical Disposable Lives in Land Clearance for the Expo 2010, Yungpen Zhang (Katholieke Universiteit Leuven)
Chapter 9 Rural land acquisition and concentrated resettlement under contemporary China’s urbanisation policy-the link policy, Long Chen (University of Queensland) and Glen Searle (University of Queensland and University of Sydney)
Part 3 Expropriation Problems: Unfairness, Illegality and Lack of Funding
Chapter 10 Compulsory Land Acquisition in Singapore: Violation or Trampling of Real Property Rights? Alice Christudason (National University of Singapore)
Chapter 11 Everybody needs good neighbours, especially in strata: when do residents think new Australian laws enabling forced sales of strata properties are justified? Laura Crommelin, Hazel Easthope, Laurence Troy and Bill Randolph (all University of New South Wales)
Chapter 12 The re-sale of compulsorily acquired land for the purposes of urban consolidation: A NSW case study, Charlie Glinka and Spike Boydell (both University of Technology Sydney)
Chapter 13 Leveraging Development Rights for Density and Social Inclusion in Latin America, Enrique Silva (Lincoln Institute of Land Policy)
Chapter 14 Conclusion, Glen Searle (University of Queensland and University of Sydney)