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.
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Through selected case studies, this volume explores the complex interplay between the public interest and private property rights in Canadian urban-planning policy.
Introduction / Marcia Valiante and Anneke SmitPart 1: Contextualizing Canadian Private Property and Public Planning1 Private Property in Historical and Global Contexts and Its Lessons for Planning / Harvey M. Jacobs2 Bumble Bees Cannot Fly, and Restrictive Covenants Cannot Run / Bruce ZiffPart 2: Public Interest, Participation, and Planning Law3 The Disappearance of Planning Law in Ontario / Stanley M. Makuch4 In Search of the “Public Interest” in Ontario Planning Decisions / Marcia ValiantePart 3: Recent Shifts in Canadian Urban Planning and Private Property5 Transforming Toronto: Implementation and Impacts of Metropolitan-Scale Plans / Pierre Filion and Anna Kramer6 Green Development: New Entanglements of Property, Planning, and the Public Interest / Deborah CurranPart 4: Private Property, Natural Resources, and Planning7 Private Tree Protection Bylaws: In the Public Interest? / Eran S. Kaplinsky8 Planning for Potable Water: Public Interest and Property Rights / Jane Matthews GlennPart 5: Issues in Canadian Expropriation Law and Practice9 Expropriation: The Raw Edge of the Conflict between Public and Private Interests / Stephen F. Waqué and Ian Mathany10 Making Up for the Loss of “Home”: Compensation in Residential Property Expropriation / Anneke SmitIndex
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This collection accomplishes its goal, filling the gap in Canadian academic literature in the context of balancing private property rights and the public interest in urban planning … the problems identified in [Public Interest, Private Property] could have continuing relevance for future urban planning and legislation across Canada.
Les mer
The intersection of private and public property interests is at the heart of modern municipal government, especially its planning authority. This important book explores aspects of this fascinating issue from a variety of perspectives.
Les mer
Through selected case studies, this volume explores the complex interplay between the public interest and private property rights in Canadian urban-planning policy.

Produktdetaljer

ISBN
9780774829311
Publisert
2015
Utgiver
Vendor
University of British Columbia Press
Høyde
229 mm
Bredde
152 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
334

Biographical note

Anneke Smit is an associate professor in the Faculty of Law at the University of Windsor. Her research focuses primarily on questions of competing (public-private and private-private) rights in property and the law and lived experiences of forced displacement. She is the author of The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution.

Marcia Valiante is a professor in the Faculty of Law at the University of Windsor. Her research covers a range of issues in Canadian and international environmental law and policy, with a particular focus on the Great Lakes and water law.

Contributors: Deborah Curran, Pierre Filion, Jane Matthews Glenn, Harvey M. Jacobs, Anna Kramer, Eran S. Kaplinsky, Stanley M. Makuch, Ian Mathany, Stephen F. Waqué, Bruce Ziff