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.
Table of Contents
Chapter 1 Introduction, Glen Searle Chapter 2 Compulsory land acquisition in the Netherlands, Sanne Holtslag-Broekhof, Thomas Hartmann and Tejo Spit Chapter 3 Eminent domain use for densification in the United States, Edward Sullivan Chapter 4 Compulsory acquisition in UK public housing estate renewal: legal, planning and project delivery perspectives, Gary Cox Chapter 5 Compulsory property acquisition for urban densification in Germany, Juliane Albrecht Chapter 6 Accommodating densification and social sustainability in the inner city: case study of Griffintown in Montreal, Sebastian Darchen and Claire Poitras Chapter 7 The use of compulsory property acquisition and land readjustment in urban densification in Spain, Demetrio Munoz Gielen and Marta Lora-Tamayo Vallve Chapter 8 Densification, dispossession and disposable lives: a case study of urban space production through the Expo in Shanghai, Yunpeng Zhang Chapter 9 Rural densification under China's Link Policy, Long Cheng Chapter 10 Land acquisition in Singapore: taking and giving, Alice Christudason Chapter 11 Everybody needs good neighbours, especially in strata: are new Australian laws enabling forced sales of strata properties justified? Laura Crommelin, Laurence Troy, Bill Randolph and Hazel Easthope Chapter 12 Compulsory acquisition of private property rights for densification in Australia, John Sheehan and Charlie Glinka Chapter 13 Conclusion, Glen Searle
Glen Searle is Honorary Associate Professor of Urban and Regional Planning and Policy at the University of Sydney, and Adjunct Associate Professor in Planning, University of Queensland, Australia. He is the former Editor-in-Chief of Urban Policy and Research.
"This book has many merits and deserves the attention not only of planners but also of readers keenly interested in environmental law, geography, urban sociology and business studies. The book uniquely focuses attention on a number of trends of convergence related to the use of compulsory acquisition, which inter alia encompass a more favourable treatment of landowners than in the past. Furthermore, the book significantly expands the literature available on compulsory property acquisition in the public interest, going beyond the provision of land for public works projects, such as the construction of transport infrastructure and public facilities" - Marco Bianconi, European Planning Studies, UK
"This is a welcome addition to the Routledge Complex Real Property Rights Series, edited by the eminent Professor Spike Boydell, comprising eleven chapters focusing on different parts of the world with introductory and concluding chapters by Glen Searle. This book is essential reading for planners, valuers, politicians, government officers, developers and others involved in the global challenge of accommodating ever increasing urban populations within finite land areas"- David Parker, Pacific Rim Property Research Journal, Australia