Taking Land: Compulsory Purchase and the Regulation of Land in Asia-Pacific Countries

Callies, David L.; Kotaka, Tsuyoshi; Guth, Heidi Kai

doi:10.1023/a:1020579121771

Cited by 5 publications

(4 citation statements)

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“…Expropriation rules differ as often as governments' perspectives on the significance of property rights and land needs. However, the consensus is that expropriation is only legitimate and justified when employed for public purposes [7]. At the same time, the public interest of any expropriation process can be valid only if its proposed benefits for the public are too high compared to the assault on individual private ownership, financial cost, and possible social disadvantages [8].…”

Section: Overview Of the Expropriation Conceptmentioning

confidence: 99%

Expropriation between a legal figure and an approach for urban development: global trends and Egyptian reflections

2022

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Expropriation of land is considered a crucial instrument of any development practice. The legitimacy of expropriation is essentially reinforced as it is employed for the public interest, often implied as infrastructure and public services. While in the private property on one side and the public interest on the other, urban development acts to be the art of getting the right balance. Despite urban development paradigms significantly affecting expropriation practices, most reviewed literature focused on legal aspects of expropriation. However, few were attentive to addressing the relation between expropriation and the urban universe. What are the current trends of the expropriation function and how extensively is it used for urban development? It can be elaborated as the study’s core question, while the research aims at mapping the development of the expropriation function and how extensively expropriation is used across time and space. Therefore, the study adopts a qualitative comparative approach to explore the global trends of expropriation for urban development and map convergence and deviations. The proposed criteria for comparison aim to discover how extensively expropriation is used, the legal changes and the institutional contexts. In addition, the applied part of the study uses a case study analysis method. A chronological timeline analysis of the Egyptian case was conducted to explore the nature of expropriation practices of Nasser’s time (1956–1970) to Mubarak’s time (1981–2011) in Egypt.Globally, expropriation practices have a heterogeneous nature. Certain features, however, are common enough to justify classifying practices for this study. The research comes up with a schematic mapping intending not to be comprehensive but flexible enough to be applied as a framework to analyse and compare other cases in different contexts. Finally, the research concludes by comparing and positioning the Egyptian case in the light of the global trends and provides principal lessons to planners, governmental parties, and policy-makers.

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Section: Overview Of the Expropriation Conceptmentioning

confidence: 99%

Expropriation between a legal figure and an approach for urban development: global trends and Egyptian reflections

2022

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“…The landowners' monopoly position enables a hold-out strategy, sometimes making it impossible for the government to realise their plans (Miceli and Segerson, 2007;Arch, 2014;Heller, 2013). To prevent this, the instrument of compulsory purchase (CP; also termed as expropriation, eminent domain, takings or resumption) is used in many countries for the realisation of planning goals (Kotaka and Callies, 2002). Although CP legislation and the way it is used differ between countries, the basic principle[1] of the legislation is comparable.…”

Section: Introductionmentioning

confidence: 99%

Exploring the valuation of compulsory purchase compensation

Holtslag-Broekhof¹,

Beunen

Marwijk³

et al. 2018

JERER

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Purpose This paper aims to analyse how Dutch Compulsory Purchase (CP) compensation is decided on and to explore to what extent the valuation of the CP compensation is assessed by professionals within a range of 10 per cent (higher or lower) difference. Design/methodology/approach The authors study CP compensation using the Dutch Legal Intelligence database, assessing every publicly available court decision and comparing the compensation that is offered in the voluntary negotiations and during the CP procedure in court. Findings The results show that there are many uncertainties in the valuation process of CP that lead to a broad range of valuation outcomes. In 94 legal CP cases from the Netherlands, the final offer of compensation in court was on average 56.7 per cent higher than the last compensation offer from the expropriator. The differences in valuation were related to several aspects including different systems of valuation and different interpretations of the CP legislation. Originality/value A central issue in the CP procedure is the amount of compensation that the landowner receives. There are few researchers who have studied how accurate CP compensation is appraised in practise. This is one of the first attempts internationally to empirically conduct an analysis of CP compensation values.

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“…Even though the ruling conservatives have several times argued for constitutional revision-for example, of the clause renouncing the right to maintain armed forces-they have never succeeded (Inoue, 1991;Allinson, 1997). Article 29 has been interpreted as providing relatively strong protection for private property rights and several proposed planning laws have been blocked out of concern that they would violate it (Kotaka, 2002). Secondly, Japan has a civil law system, not a common law system.…”

Section: Introductionmentioning

confidence: 99%

Evolving Property Rights in Japan: Patterns and Logics of Change

Sørensen

2011

Urban Studies

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Property rights in land are often regarded as among the most inflexible of the institutional structures that shape urban change, particularly when enshrined in a written constitution. This paper argues that the meaning and specification of property rights in the city are continually contested and in flux and that the evolving practice of city planning is a significant element that contributes to change. A better understanding of the mechanisms of such change is valuable for our understanding both of city planning and of property rights. A historical institutionalist analysis suggests that property rights display significant elements of path dependence, yet also show characteristic patterns and processes of incremental change over time. This analysis of evolving systems to regulate permissible development in Japanese cities during the period since the environmental crisis of the 1960s is revealing of the structured ways in which property rights are contested and change over time.

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Taking Land: Compulsory Purchase and the Regulation of Land in Asia-Pacific Countries

Cited by 5 publications

References 0 publications

Expropriation between a legal figure and an approach for urban development: global trends and Egyptian reflections

Expropriation between a legal figure and an approach for urban development: global trends and Egyptian reflections

Exploring the valuation of compulsory purchase compensation

Evolving Property Rights in Japan: Patterns and Logics of Change

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