Overview

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.

Full Product Details

Author:   Anneke Smit ,  Marcia Valiante
Publisher:   University of British Columbia Press
Imprint:   University of British Columbia Press
Weight:   0.499kg
ISBN:  

9780774829328

ISBN 10:   077482932
Pages:   334
Publication Date:   01 July 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction / Marcia Valiante and Anneke Smit Part 1: Contextualizing Canadian Private Property and Public Planning 1 Private Property in Historical and Global Contexts and Its Lessons for Planning / Harvey M. Jacobs 2 Bumble Bees Cannot Fly, and Restrictive Covenants Cannot Run / Bruce Ziff Part 2: Public Interest, Participation, and Planning Law 3 The Disappearance of Planning Law in Ontario / Stanley M. Makuch 4 In Search of the “Public Interest” in Ontario Planning Decisions / Marcia Valiante Part 3: Recent Shifts in Canadian Urban Planning and Private Property 5 Transforming Toronto: Implementation and Impacts of Metropolitan-Scale Plans / Pierre Filion and Anna Kramer 6 Green Development: New Entanglements of Property, Planning, and the Public Interest / Deborah Curran Part 4: Private Property, Natural Resources, and Planning 7 Private Tree Protection Bylaws: In the Public Interest? / Eran S. Kaplinsky 8 Planning for Potable Water: Public Interest and Property Rights / Jane Matthews Glenn Part 5: Issues in Canadian Expropriation Law and Practice 9 Expropriation: The Raw Edge of the Conflict between Public and Private Interests / Stephen F. Waqué and Ian Mathany 10 Making Up for the Loss of “Home”: Compensation in Residential Property Expropriation / Anneke Smit Index

Reviews

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. -- Matthew Barnes * Saskatchewan Law Review * While these topics may seem familiar, the common thread - thinking deeply about private property rights - sets this collection apart and makes it an engaging read. The introduction alone would be worthwhile reading for any property law or planning law curriculum ... One of the reasons the book works so well is that at the heart of the collection is a shared belief among the writers in the value of dialogue as well as a desire to avoid artificially amplifying the public-private rights divide that can stunt public conversation of property rights. -- Michael Connell, WeirFoulds LLP * Canadian Law Library Review *

While these topics may seem familiar, the common thread - thinking deeply about private property rights - sets this collection apart and makes it an engaging read. The introduction alone would be worthwhile reading for any property law or planning law curriculum ... One of the reasons the book works so well is that at the heart of the collection is a shared belief among the writers in the value of dialogue as well as a desire to avoid artificially amplifying the public-private rights divide that can stunt public conversation of property rights. -- Michael Connell, WeirFoulds LLP * Canadian Law Library Review *

Author Information

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

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions