
Rethinking Expropriation Law I
Public Interest in Expropriation
- 411 pages
- English
- PDF
- Available on iOS & Android
Rethinking Expropriation Law I
Public Interest in Expropriation
About this book
This book is the first of a series in which experts engage critically with identified aspects of expropriation law. The internationally diverse group of contributing authors offer valuable insight into the treatment of public purpose/interest related issues as they are canvassed in jurisdictions around the world. Some of these issues include: the public purpose/interest requirement and the definition of the object of expropriation ** the role of public purpose/interest in distinguishing between expropriation and regulation of property ** public interest and the classification of expropriatory actions as administrative, statutory, or constructive ** the categorizing of the notions of public interest and public purpose ** the justifiability of expropriation without compensation ** the consequences of a change in purpose after expropriation has been effected ** whether an expropriation can be challenged on the basis that less invasive means were available for the state to realize the specific purpose ** whether the public interest could legitimately entail transfer of expropriated property to a party other than the state. *** Librarians: ebook available (Series: Property, Environment & Law / Vastgoed, Omgeving & Recht - Vol. 6) [Subject: Expropriation Law, Property Law, Comparative Law]
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Table of contents
- Cover
- Chapter 1 Rethinking Public Interest in Expropriation Law: Introductory Observations
- Chapter 2 Public Interest in Takings Cases in Italy and France: The Constitutional and Human Rights Dimension
- Chapter 3 The Poverty of Precedent on Public Purpose/Interest
- Chapter 4 âSomewhat at Seaâ
- Chapter 5 Reviewing Expropriations
- Chapter 6 In the Shadow of Zimbabwe
- Chapter 7 Reclaiming Property
- Chapter 8 Exactions and the Rule of Law
- Chapter 9 The Public Purpose for the Expropriation of Land
- Chapter 10 The âLand Assembly Districtsâ Solution to Third-Party Transfers
- Chapter 11 Fundamental Premises of Land Expropriation in Poland
- Chapter 12 Less Invasive Means
- Chapter 13 Expropriatory Compensation, Distributive Justice, and the Rule of Law
- Chapter 14 The Public Purpose Requirement in the Calculation of Just and Equitable Compensation
- Chapter 15 When Does State Action Amount to Expropriation? Recent Australian Developments