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Full-Text Articles in Law

Compensation For Depreciation Of The Property Value According To Polish Land-Use Law, Miroslaw Gdesz Jan 2006

Compensation For Depreciation Of The Property Value According To Polish Land-Use Law, Miroslaw Gdesz

Washington University Global Studies Law Review

The purpose of this Article is to examine the role of compensation rights in property reduction due to planning decisions in Poland.


Introduction: Regulatory Takings Viewed Through Cross-National Comparative Lenses, Rachelle Alterman Jan 2006

Introduction: Regulatory Takings Viewed Through Cross-National Comparative Lenses, Rachelle Alterman

Washington University Global Studies Law Review

This two-volume Symposium covers eleven advanced economy, democratic countries and represents a wide variety of laws and practices.


Compensation Rights For Reduction In Property Values Due To Planning Decisions: The Case Of France, Vincent A. Renard Jan 2006

Compensation Rights For Reduction In Property Values Due To Planning Decisions: The Case Of France, Vincent A. Renard

Washington University Global Studies Law Review

This Article will describe the origins of the basic principle of non-compensation, the limits of its application, and the various ways in which landowners can receive limited compensation. The Article will conclude by commenting on the recent evolution of the European Court of Human Rights’ jurisprudence.


Regulatory Takings In Canada, Bryan P. Schwartz, Melanie R. Bueckert Jan 2006

Regulatory Takings In Canada, Bryan P. Schwartz, Melanie R. Bueckert

Washington University Global Studies Law Review

Canadian law lacks a robust “regulatory takings” doctrine, a phenomenon partially explained by Canada’s unique constitutional backdrop. Some Canadian provinces have statutes that provide greater protection for certain property rights. Canada also has international trade obligations that require it to protect foreign investors’ property rights. The only indirect recognition and remuneration of regulatory takings is encompassed in a longstanding interpretive presumption in favor of compensation in situations involving expropriation. Yet, despite all of these safeguards to protect property rights from regulatory takings and despite recent developments in regulatory takings jurisprudence, property rights receive minimal protection under Canadian law.


The Law On Compensation Rights For Reduction In Property Values Due To Planning Decisions In The United Kingdom, Michael Purdue Jan 2006

The Law On Compensation Rights For Reduction In Property Values Due To Planning Decisions In The United Kingdom, Michael Purdue

Washington University Global Studies Law Review

As we will see, rights to compensation in the U.K. are very limited and are largely related to the revocation or modification of a valid planning permission. In some situations, landowners may also be able to require authorities to purchase their lands. This is limited to cases where either (1) the land is zoned for public works that requires the land to be publicly owned, or (2) a development control decision renders the property incapable of any beneficial use. The overriding principle, however, is that where the development of land is restricted in the name of the public interest ...


Planning Regulation, Property Protection, And Regulatory Takings In The Greek Planning Law, Georgia Giannakourou Jan 2006

Planning Regulation, Property Protection, And Regulatory Takings In The Greek Planning Law, Georgia Giannakourou

Washington University Global Studies Law Review

The next section of the Article will address the question of takings with regard to the provisions of the Greek Constitution. It will attempt to formulate a typology of potential regulatory takings in Greece, based on the types of injurious planning decisions that have emerged in recent practice. Afterward, the paper will examine the statutory regimes for takings compensation as well as the compensation instruments. The last section of the paper will present critical remarks on the current state of Greek planning law, contemporary practices, and the prospect of the takings issue in Greece.