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Land Acquisition, 7th edition is an examination of the principles of the law governing the compulsory acquisition or resumption of land in Australia. It summarises the principal legislative provisions and the case law that has emerged over 150 years. Reference is made to nine federal, state and territory states and to approximately 450 reported cases.
This book discusses development and land acquisitions in India and analyzes a conceptual framework based on “paradox of values” and “plural value of land.” The research links the issue of valuation to its roots in classic economic theory and to its individual perception. The project offers an insightful perspective on current challenges of urbanization and development in the Global South, where land use regimes are in a highly dynamic transition to allow for urban amenities, housing and industrial land. The author concludes with a derived scheme or framework that addresses various potentials to better address values of land during land acquisition. It is an ideal book for anyone interested in land markets, land appraisal and land economics and land acquisition in the Global South.
The problem of escalating population displacement demands global attention and country co-ordination. This book investigates the particular issue of development-induced displacement, whereby land is seized or restricted by the state for the purposes of development projects. Those displaced by these schemes often risk losses to their homes, livelihoods, food security, and socio-cultural support; for which they are rarely fully compensated. Bringing together 22 specialist researchers and practitioners from across the globe, this book provides a much-needed independent analysis of country frameworks for development-induced displacement spanning Asia, Africa, Central and South America. As global competition for land increases, public and private sector lenders are lightening their social safeguards, shifting the oversight for protecting the displaced to national law and regulations. This raises a central question: Do countries have effective ways of addressing the risks and lost opportunities for their people who are displaced? While many countries remain impervious to the problem, the book also shines a light on the few who are pioneering new legislation and strategies, intended to address questions such as: should the social costs to those displaced help determine whether a project meets the public interest and merits financing? Does the modern state need powers of eminent domain? How can country laws, systems, institutions and negotiations be reformed to protect citizens better against disempowering public and private sector development displacement? This book will interest those working on forced and voluntary migration, property and expropriation law, human rights, environmental and social impact assessment, internal and refugee displacement from conflicts, environment change, disasters and development.
Compulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable. Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation shall be assessed on the basis that no planning permission would be granted for development on the relevant land; in effect, no hope value and only existing use values would be paid.
Land is a subject of great conflict and debate in India. Over the last decade, it has influenced electoral verdicts and political fortunes and remains one of the most persistent challenges facing the nation. This book argues that the focus on politics and land acquisition has deflected attention from the possibilities of market-oriented approaches that are becoming relevant because of booming, but diverse, land markets. It aims to nudge the discussion towards a better understanding of the complementary strengths of state- and market-led approaches to the many problems of land in rural and urban India. Featuring original essays from leading analysts, this book examines the agrarian crisis and urbanization, laws and policies, displacement and compensation, factories and housing, cooperation and conflict, and other vital issues affecting land at the regional and national level. These multiple lines of enquiry make this book a critical and objective commentary on contemporary India and its ongoing economic, socio-political, and legal struggles with land.
This book focuses on the 'functionings' and capabilities generated from land by their owners and the challenge in satisfactorily recreating these through the compensation paid in the case of compulsory acquisition of private land. These discussions initiate a new debate on the insufficiency of existing approaches to compensation that are ignorant of the losses of ‘capabilities’ and ‘functionings’. The relationship between land, ownership and well-being of an individual is explained through the identification of various ‘functionings’ associated with the ownership of land in the context of Scotland. Contemporary approaches to compensation, founded on the utilitarian argument, have led to dissatisfactory outcomes for the affected landowners. Discussions in this book shift the focus to equalizing the share of burdens and benefits for each individual member of the society, through equalization of human capabilities. This book will be of value to development economists, researchers, policy makers and law makers concerned with compulsory acquisition of land.
Land acquisition has become a source of major conflict and political upheaval in the last half decade. This book brings clarity, depth, and understanding to this contentious issue by providing answers to three fundamental questions: What are the realities of land acquisition today? How did the situation get to this impasse? What are the ways forward?