What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved?

This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general.

For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.

What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved?

This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general.

For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.

Originally published in 1993, Urban Land and Property Markets in the Netherlands provides a detailed explanation of how the land and property markets of the Netherlands work. This book describes the scene extensively and goes deeper to explain the situation in the Netherlands, with commercial real estate being regarded internationally as mature, and offering good safe investment prospects while other aspects of the land and property markets are unique to that country. The constitutional, economic and social contexts are described and current public policies are explained as they affect property development.

Dutch planning is widely known and admired for its ambitions and its achievements. This book provides, for the first time, a comprehensive description and analysis in English of its full range of policies and practices. It gives an up-to-date account of the principles - written and unwritten - behind the planning, and in addition shows how the practice sometimes ignores those principles in order to achieve better results. It describes the content of the policies, the measures taken to realise them, and the successes and failures. The book is not uncritical of Dutch land-use planning, but the author values its strengths and believes that planning in other countries could learn from them. These strengths arise in the continuing tension between the high ambitions of the Dutch planning, and the ingenuity and pragmatism exercised in order to realise those ambitions.

Dutch planning is widely known and admired for its ambitions and its achievements. This book provides, for the first time, a comprehensive description and analysis in English of its full range of policies and practices. It gives an up-to-date account of the principles - written and unwritten - behind the planning, and in addition shows how the practice sometimes ignores those principles in order to achieve better results. It describes the content of the policies, the measures taken to realise them, and the successes and failures. The book is not uncritical of Dutch land-use planning, but the author values its strengths and believes that planning in other countries could learn from them. These strengths arise in the continuing tension between the high ambitions of the Dutch planning, and the ingenuity and pragmatism exercised in order to realise those ambitions.

Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Planning, Law and Economics sets out a new framework for applying a legal approach to spatial planning, showing how to improve the practice and help achieve its aims. The book covers planning laws, citizens' rights and property rights, asking 'What rules do we want to make and, where necessary, enforce? And how do we want to apply them in planning practice?' This book sets out, in general and illustrated with concrete examples, how the three types of law mentioned above are unavoidably involved in all types of spatial planning. The book also makes clear that these laws can be combined in different ways, each way a particular approach to the practice of spatial planning (regulative planning, structuring markets, pro-active planning, collaborative planning, etc.). Throughout, the book shows what legal approaches can be taken to spatial planning, and uses a four-part framework to evaluate the effects of choosing such an approach. The spatial planning should be effective, legitimate, morally just and economically sound. In particular the book details why the economic effects for society are important and how spatial planning affects how the economic resources of land and buildings are used. The book will be invaluable to students and planners to understand the relationship between their actions and the basic principles of the rule of law in a democratic, liberal society.

Planning, Law and Economics sets out a new framework for applying a legal approach to spatial planning, showing how to improve the practice and help achieve its aims. The book covers planning laws, citizens' rights and property rights, asking 'What rules do we want to make and, where necessary, enforce? And how do we want to apply them in planning practice?' This book sets out, in general and illustrated with concrete examples, how the three types of law mentioned above are unavoidably involved in all types of spatial planning. The book also makes clear that these laws can be combined in different ways, each way a particular approach to the practice of spatial planning (regulative planning, structuring markets, pro-active planning, collaborative planning, etc.). Throughout, the book shows what legal approaches can be taken to spatial planning, and uses a four-part framework to evaluate the effects of choosing such an approach. The spatial planning should be effective, legitimate, morally just and economically sound. In particular the book details why the economic effects for society are important and how spatial planning affects how the economic resources of land and buildings are used. The book will be invaluable to students and planners to understand the relationship between their actions and the basic principles of the rule of law in a democratic, liberal society.

Originally published in 1993, Urban Land and Property Markets in the Netherlands provides a detailed explanation of how the land and property markets of the Netherlands work. This book describes the scene extensively and goes deeper to explain the situation in the Netherlands, with commercial real estate being regarded internationally as mature, and offering good safe investment prospects while other aspects of the land and property markets are unique to that country. The constitutional, economic and social contexts are described and current public policies are explained as they affect property development.

Great effort has been devoted to the precise delineation and assignment of the legal and physical boundaries of private property. Yet, issues of unifying or assembling private property rights for urban redevelopment remain understudied. The contributors to this book search for viable alternatives to voluntary exchange or public intervention in the form of expropriation, and propose one possibility: land readjustment. The authors explore the international possibilities for facilitating cooperative land readjustment and the circumstances under which this should be possible. The book is divided into sections that focus on international legal issues, social and cultural issues, and new experiments with urban renewal and redevelopment.