Rethinking Expropriation Law I: Public Interest in Expropriation

Product Attributes

  • Soft Cover
  • 9789462366312
  • 1st Edition
  • 374 Pages
  • 2016


Hoops, B (Editor) ; Marais, E J (Editor) ; Mostert, H (Editor) ; Sluysmans, J A M A (Editor) ; Verstappen, L C A (Editor)

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2016 - 1st Edition

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Co-published with Eleven International Publishing.

About this Publication:

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.

Contents Include:

  • Rethinking Public Interest in Expropriation Law: Introductory Observations - Leon Verstappen
  • Public Interest in Takings Cases in Italy and France: The Constitutional and Human Rights Dimension - Sabrina Praduroux
  • The Poverty of Precedent on Public Purpose/Interest: An Analysis of Pre-Constitutional and Post-Apartheid Jurisprudence in South Africa - Hanri Mostert
  • “Somewhat at Sea”: Public Use and Third-Party Transfer Limits in Two US States - John A. Lovett
  • Reviewing Expropriations: Looking beyond Constitutional Property Clauses - Rachael Walsh
  • In the Shadow of Zimbabwe: Public Interest, Land Reform, and the Transfer of Property in South Africa - Heinz Klug
  • Reclaiming Property: Changes of Purpose or Non-Realization of Public Purpose after Expropriation - Jacques Sluysmans, Nikky van Triet
  • Exactions and the Rule of Law - Eduardo M. Peñalver
  • The Public Purpose for the Expropriation of Land: A Framework for Assessing Its Democratic Legitimacy - Björn Hoops
  • The ‘Land Assembly Districts’ Solution to Third-Party Transfers - Michael Heller, Rick Hills
  • Fundamental Premises of Land Expropriation in Poland - Magdalena Habdas
  • Less Invasive Means: The Relationship between Sections 25 and 36 of the Constitution of the Republic of South Africa, 1996 - B.V. Slade
  • Expropriatory Compensation, Distributive Justice, and the Rule of Law - Hanoch Dagan
  • The Public Purpose Requirement in the Calculation of Just and Equitable Compensation - Elmien (WJ) du Plessis
  • When Does State Action Amount to Expropriation? Recent Australian Developments - Brendan Edgeworth

Of Interest and Benefit to:

Academics in the field of private and notary law.