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

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.