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Full-Text Articles in Law

Property In The City: Special Edition Introduction, Douglas C. Harris, Graham Reynolds Jan 2017

Property In The City: Special Edition Introduction, Douglas C. Harris, Graham Reynolds

All Faculty Publications

Cities concern themselves with the organization of space. Their principal work involves the mapping, zoning, regulating, taxing, developing, owning, protecting, patrolling, and servicing of land. As a result, cities exert considerable control over the rights of use that property owners enjoy, but they also make many uses possible through the building of infrastructure and the provision of services. However, the effects are not unidirectional; the institution of property is not simply inert clay in the hands of a city. Cities govern the actions of owners and, by extension, shape the institution of property, but this multidimensional institution is, in turn, …


Owning And Dissolving Strata Property, Douglas C. Harris Jan 2017

Owning And Dissolving Strata Property, Douglas C. Harris

All Faculty Publications

Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. The owners of individual lots become co-owners of the land formerly within the association, but the non-consenting owners have their property interests in separate lots taken from them. Beginning with the observation that non-consensual dissolution of strata property results in a taking of property, this article analyzes British Columbia’s move to facilitate …