Planning By Law And Property Rights Reconsidered

Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

A society that intensifies and expands the use of land and water in urban areas needs to search for solutions to manage the frontiers between these two essential elements for urban living. Sustainable governance of land and water is one of the major challenges of our times. Managing retention areas for floods and droughts, designing resilient urban waterfronts, implementing floating homes, or managing wastewater in shrinking cities are just a few examples where spatial planning steps into the governance arena of water management and vice versa. However, water management and spatial planning pursue different modes of governance, and therefore the frontiers between the two disciplines require developing approaches for setting up governance schemes for sustainable cities of the future. What are the particularities of the governance of land and water? What is the role of regional and local spatial planning? What institutional barriers may arise? This book focuses on questions such as these, and covers groundwater governance, water supply and wastewater treatment, urban riverscapes, urban flooding, flood risk management, and concepts of resilience. The project resulted from a Summer School by the German Academy for Spatial Research and Planning (ARL) organized by the editors at Utrecht University in 2013. This book was published as a special issue of Water International.

Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

Planning, Law and Economics sets out a new framework for applying a legal approach to spatial planning, showing how to improve the practice and help achieve its aims. The book covers planning laws, citizens' rights and property rights, asking ‘What rules do we want to make and, where necessary, enforce? And how do we want to apply them in planning practice?’ This book sets out, in general and illustrated with concrete examples, how the three types of law mentioned above are unavoidably involved in all types of spatial planning. The book also makes clear that these laws can be combined in different ways, each way a particular approach to the practice of spatial planning (regulative planning, structuring markets, pro-active planning, collaborative planning, etc.). Throughout, the book shows what legal approaches can be taken to spatial planning, and uses a four-part framework to evaluate the effects of choosing such an approach. The spatial planning should be effective, legitimate, morally just and economically sound. In particular the book details why the economic effects for society are important and how spatial planning affects how the economic resources of land and buildings are used. The book will be invaluable to students and planners to understand the relationship between their actions and the basic principles of the rule of law in a democratic, liberal society.

This book provides an introduction to spatial planning in the Netherlands. It explores the academic underpinnings of the discipline and its practical implications, making use of insights on planning practices from the Netherlands. As an academic book with relevance for spatial planning teaching and practice, the relation between planning practice and planning as an academic discipline are discussed. A key analytical concept is introduced to discuss the different dimensions of planning: the planning triangle. This framework helps to bridge the strategic and conceptual elements of planning with its realization. The object, process, and context of planning and its relations are discussed. The core of the academic discipline and profession of spatial planning entails looking (far) into the future, stimulating discussion, formulating a desired future direction through an informal and collective planning process, and then formalizing and placing current action into that future perspective. In that sense, spatial planning can be understood as the strategic organization of hopes and expectations. As a study book it is suitable for students of planning at various universities, but also for students in higher professional education. For those involved in the professional field of spatial planning, this book offers a sound foundation.

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.

Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.

Flood Resilience of Private Properties examines the division and balance of responsibilities between the public and the private when discussing flood resilience of private properties. Flooding is an expensive climate-related disaster and a threat to urban life. Continuing development in flood-prone zones compound the risks. Protecting all properties to the same standards is ever more challenging. Research has focused on improved planning and adapting publicly-owned infrastructure such as streets, evacuation routes, and retention ponds. However, damages often happen on private land. To realize a flood-resilient city, owners of privately-owned residential houses also need to act. Measures such as mobile barriers and backwater valves or avoiding vulnerable uses in basements can make homes more flood-resilient. But private owners may be unaware of flooding risks or may lack the means and knowledge to act. Incentives may be insufficient, while fragmented or unclear property rights and responsibilities entrench inertia. The challenge is motivating homeowners to take steps. Political and societal systems influence the action citizens are prepared to take and what they expect their governments to do. The responsibility for implementing such measures is shared between the public and the private domain in different degrees in different countries. This book will be of great interest to scholars of water law, property rights, flood risk management and climate adaptation. This book was originally published as a special issue of Water International.