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Vol 25 No 1 Jan/Feb 2020

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The Public Nature of Private Property

Edited by: Robin Paul Malloy, Michael Diamond

ISBN13: 9780754679516
Published: July 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00

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What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In "The Public Nature of Private Property", therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Property Law
The public nature of property rights and the property nature of public law, J. Peter Byrne
Explaining the persistent myth of property absolutism, David Fagundes
Shared equity housing: cultural understanding and the meaning of ownership, Michael Diamond
Crisis and the public-private divide in property, Nestor M. Davidson and Rashmi Dyal Chand
Eviction and the public interest: the right to respect for home in English law, Lorna Fox O'Mahony
Opening neighborhoods to people with mobility impairment: property, disability and inclusive design housing, Robin Paul Malloy
Who should fix the sink? Addressing maintenance and repairs in limited equity cooperatives, Jennie O'Flanagan
Preserving public peace, protecting private property, Susan S. Kuo
Adult adoption of lovers and spouses to help ensure their inheritance: fair or foul?, Terry L. Turnipseed
Table of cases