In dealing with scarce land, planners often need to interact with, and sometimes confront, property right-holders to address complex property rights situations. To reinforce their position in situations of rivalrous land uses, planners can strategically use and combine different policy instruments in addition to standard land use plans. Effectively steering spatial development requires a keen understanding of these instruments of land policy.
This book not only presents how such instruments function, it additionally examines how public authorities strategically manage the scarcity of land, either increasing or decreasing it, to promote a more sparing use of resources. It presents 13 instruments of land policy in specific national contexts and discusses them from the perspectives of other countries. Through the use of concrete examples, the book reveals how instruments of land policy are used strategically in different policy contexts.
Table of Contents
1 Land, scarcity, and property rights
2 Land policy – how to deal with scarcity of land
3 Instruments of land policy – four types of intervention
III REGULATING LAND USES WITHOUT IMPACTING PROPERTY RIGHTS
4 Reference land values in Germany: Land policy by market transparency
A Swedish perspective on reference land values: Transparency by tax policy
A Taiwan perspective on reference land values: The hare and the hedgehogs – chasing real price levels with public market information
Tzuyuan Stessa Chao
5 Added value capturing in Switzerland: How much is enough?
A Dutch perspective on added value capture: How far can you go?
Erwin van der Krabben
A British perspective on added value capture: Ups and downs during its history
6 Land taxation in Estonia: An efficient instrument of land policy for land scarcity, equity, and ecology
A German perspective on land taxation: Political inertia and debates on social and distributional aspects
A British perspective on land taxation: Politically unpopular
IV STEERING LAND USES THROUGH REGULATION IMPACTING PROPERTY RIGHTS
7 Negotiated land use plans in the Netherlands: A central instrument in Dutch ‘active’ and ‘passive’ land policy
An Austrian perspective on negotiated land use plans: A means for municipalities to mobilise building land
A Canadian perspective on negotiated land use plans: Discretionary zoning in Vancouver
8 Urban growth boundary in the USA: Managing land scarcity in the Portland region
Edward J. Sullivan
A Dutch perspective on urban growth boundaries: From containing to stimulating growth
A German perspective on urban growth boundaries: The answer of comprehensive regional planning
9 Land readjustment in Portugal: Theoretically attractive but eternally postponed in practice
Ana Morais de Sá
José Antunes Ferreira
A German perspective on land readjustment: A proper instrument of modern urban governance for efficient land use
A Dutch perspective on land readjustment: Not very practical for planner’s paradise
10 Building obligations in Switzerland: Overcoming the passivity of plan implementation
A German perspective on building obligations: Planning professionals try to remember
A US-American perspective on obligations to build: Planning professionals would be shocked
Harvey M. Jacobs
V REDEFINING PROPERTY RIGHTS TO STEER LAND USES
11 Pre-emption rights in France: Disputes over pre-emptions and the ‘land scarcity’
A Swiss perspective on pre-emption rights: Impact without application
A Serbian perspective on pre-emption rights: Change that was necessary?
12 Tradable development rights in the US: Making zoning flexible through market mechanisms
An Israelian perspective on TDR: Trading for protecting
A Canadian Perspective on TDR: You call that a "market"?
Eran S. Kaplinsky
13 Long-term land leases in France: An instrument to address scarcity of social housing
Vincent Le Rouzic
A Swiss perspective on time-limited property rights: Strategic use for active land policy
An Australian perspective on heritable building rights: Paramount property rights
VI REDISTRIBUTING PROPERTY RIGHTS TO STEER LAND USES
14 Strategic land banking in the Netherlands: Experiencing Dutch dilemmas
A British perspective on strategic land banking: Critical voices on land banking
A U.S. American Perspective on land banking: Just not the American way
Richard K. Norton
15 Expropriation for urban development purposes in German: Consider very carefully before using it
A Dutch perspective on expropriation: The pragmatic way
A U.S. American perspective on expropriation: A radically different view
16 Nationalization of land in Scotland: Private property and the public interest
A Czech perspective on nationalization of land: The post-socialist view
A Greek perspective on nationalization of land: Kilt and fustanella – same principle, different colours
17 Planning with or against property rights
Jean-David Gerber is Associate Professor at the University of Bern, Switzerland (tenure track).
Thomas Hartmann is Associate Professor at Wageningen University & Research, Netherlands.
Andreas Hengstermann is a PhD student at the Institute of Geography, Research Unit Urban and Regional Planning, University of Bern, Switzerland.