The Dichotomy of Private Interests and Public Interests in the Context of 'existing Use Rights' Under Planning Law PDF Download

Author: Paul Nicholas Vergotis
Publisher:
ISBN:
Category :
Languages : en
Pages : 88

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Author: Anneke Smit
Publisher: UBC Press
ISBN: 0774829346
Category : Social Science
Languages : en
Pages : 335

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Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.

Author: John Aneurin Grey Griffith
Publisher: Trivandrum : Academy of Legal Publications
ISBN:
Category : Administrative remedies Great Britain
Languages : en
Pages : 220

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Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 9780406983039
Category : Business & Economics
Languages : en
Pages : 356

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Book Description
This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.

Author: Burton Allen Weisbrod
Publisher: Univ of California Press
ISBN: 9780520035683
Category : Law
Languages : en
Pages : 596

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Book Description
Monographic compilation of essays on public interest, law activities in the USA - presents theoretical analysis of failure of government policy to enhance public interest law, firm behaviour and volume of business, presents case studies in interest group advocacy for environmental protection, housing, employment, sex discrimination, consumer protection, occupational safety and occupational health, etc., and includes jurisprudence. Graphs, references and statistical tables.

Author: Charles Monroe Haar
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Ali Madanipour
Publisher: Routledge
ISBN: 1134519850
Category : Architecture
Languages : en
Pages : 276

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Book Description
The relationship between public and private spheres is one of the key concerns of the modern society. This book investigates this relationship, especially as manifested in the urban space with its social and psychological significance. Through theoretical and historical examination, it explores how and why the space of human socities is subdivided into public and private sections. It starts with the private, interior space of the mind and moves step by step, through the body, home, neighborhood and the city, outwards to the most public, impersonal spaces, exploring the nature of each realm and their complex, interdependent realtionships. A stimulating and thought provoking book for any architect, architectural historian, urban planner or designer.

Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262

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Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Author: Institute on Law and Planning
Publisher:
ISBN:
Category :
Languages : en
Pages : 67

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Book Description

Author: Charles L. Schultze
Publisher: Brookings Institution Press
ISBN: 9780815777618
Category : Evaluation research (Social action programs)
Languages : en
Pages : 108

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Book Description
" According to conventional wisdom, government may intervene when private markets fail to provide goods and services that society values. This view has led to the passage of much legislation and the creation of a host of agencies that have attempted, by exquisitely detailed regulations, to compel legislatively defined behavior in a broad range of activities affecting society as a whole--health care, housing, pollution abatement, transportation, to name only a few. Far from achieving the goals of the legislators and regulators, these efforts have been largely ineffective; worse, they have spawned endless litigation and countless administrative proceedings as the individuals and firms on who the regulations fall seek to avoid, or at least soften, their impact. The result has been long delays in determining whether government programs work at all, thwarting of agreed-upon societal aims, and deep skepticism about the power of government to make any difference. Strangely enough in a nation that since its inception has valued both the means and the ends of the private market system, the United States has rarely tried to harness private interests to public goals. Whenever private markets fail to produce some desired good or service (or fail to deter undesirable activity), the remedies proposed have hardly ever involved creating a system of incentives similar to those of the market place so as to make private choice consonant with public virtue. In this revision of the Godkin Lectures presented at Harvard University in November and December 1976, Charles L. Schultze examines the sources of this paradox. He outlines a plan for government intervention that would turn away from the direct ""command and control"" regulating techniques of the past and rely instead on market-like incentives to encourage people indirectly to take publicly desired actions. "