Public Interest, Private Property: Law and Planning Policy in Canada - Softcover

Softcover

ISBN 10: 077482932X ISBN 13: 9780774829328

Publisher: UBC Press, 2016

Synopsis

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.

About this title

About the Author

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

Edition details

• Publisher: UBC Press
• Publication date: 2016
• Language: English
• ISBN 10: 077482932X
• ISBN 13: 9780774829328
• Binding: Paperback
• Number of pages: 334
• Editor: Smit Anneke, Valiante Marcia