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Rethinking Expropriation Law I: Context, Criteria, and Consequences of Expropriation

Rethinking Expropriation Law I: Context, Criteria, and Consequences of Expropriation

Author: H. Mostert; B. Hoops; E. J. Marais; J. A. M. A. Sluysman; L. C. A. Verstappen
Publisher: Eleven International Publishing
ISBN: 9789462366312
Published In: January 2016
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 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;
categorising of the notions of public interest and public purpose;
justifiability of expropriation without compensation;
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 realise the specific purpose;
whether the public interest could legitimately entail transfer of expropriated property to a party other than the state.

Preface

1. Rethinking Public Interest in Expropriation Law: Introductory Observations

2. Public Interest in Takings Cases in Italy and France: The Constitutional and Human Rights Dimension

3. The Poverty of Precedent on Public Purpose/Interest: An Analysis of Pre-Constitutional and Post-Apartheid Jurisprudence in South Africa

4. "Somewhat at Sea": Public Use and Third-Party Transfer Limits in Two US States

5. Reviewing Expropriations: Looking beyond Constitutional Property Clauses

6. In the Shadow of Zimbabwe: Public Interest, Land Reform, and the Transfer of Property in South Africa

7. Reclaiming Property: Changes of Purpose or Non-Realization of Public Purpose after Expropriation

8. Exactions and the Rule of Law

9. The Public Purpose for the Expropriation of Land: A Framework for Assessing Its Democratic Legitimacy

10. The 'Land Assembly Districts' Solution to Third-Party Transfers

11. Fundamental Premises of Land Expropriation in Poland

12. Less Invasive Means: The Relationship between Sections 25 and 36 of the Constitution of the Republic of South Africa, 1996

13. Expropriatory Compensation, Distributive Justice, and the Rule of Law

14. The Public Purpose Requirement in the Calculation of Just and Equitable Compensation

15. When Does State Action Amount to Expropriation? Recent Australian Developments.

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