Description
Book SynopsisThrough selected case studies, this volume explores the complex interplay between the public interest and private property rights in Canadian urban-planning policy.
Trade ReviewThis collection accomplishes its goal, filling the gap in Canadian academic literature in the context of balancing private property rights and the public interest in urban planning … the problems identified in [Public Interest, Private Property] could have continuing relevance for future urban planning and legislation across Canada.
-- Matthew Barnes * Saskatchewan Law Review *
While these topics may seem familiar, the common thread – thinking deeply about private property rights – sets this collection apart and makes it an engaging read. The introduction alone would be worthwhile reading for any property law or planning law curriculum ... One of the reasons the book works so well is that at the heart of the collection is a shared belief among the writers in the value of dialogue as well as a desire to avoid artificially amplifying the public-private rights divide that can stunt public conversation of property rights.
-- Michael Connell, WeirFoulds LLP * Canadian Law Library Review *
Table of ContentsIntroduction / Marcia Valiante and Anneke Smit
Part 1: Contextualizing Canadian Private Property and Public Planning
1 Private Property in Historical and Global Contexts and Its Lessons for Planning / Harvey M. Jacobs
2 Bumble Bees Cannot Fly, and Restrictive Covenants Cannot Run / Bruce Ziff
Part 2: Public Interest, Participation, and Planning Law
3 The Disappearance of Planning Law in Ontario / Stanley M. Makuch
4 In Search of the “Public Interest” in Ontario Planning Decisions / Marcia Valiante
Part 3: Recent Shifts in Canadian Urban Planning and Private Property
5 Transforming Toronto: Implementation and Impacts of Metropolitan-Scale Plans / Pierre Filion and Anna Kramer
6 Green Development: New Entanglements of Property, Planning, and the Public Interest / Deborah Curran
Part 4: Private Property, Natural Resources, and Planning
7 Private Tree Protection Bylaws: In the Public Interest? / Eran S. Kaplinsky
8 Planning for Potable Water: Public Interest and Property Rights / Jane Matthews Glenn
Part 5: Issues in Canadian Expropriation Law and Practice
9 Expropriation: The Raw Edge of the Conflict between Public and Private Interests / Stephen F. Waqué and Ian Mathany
10 Making Up for the Loss of “Home”: Compensation in Residential Property Expropriation / Anneke Smit
Index
