Eminent Domain and Expropriation Laws: A Century of Urban and Regional Planning in Mexico

2021 ◽  
pp. 153851322098416
Author(s):  
Sergio Peña

This article analyzes two aspects of Mexican law that are relevant for planning practice in the country—eminent domain and expropriation. This article shows that the transition in Mexico from a semi-authoritarian to a democratic electoral political system brought not only substantial variability in the application of laws across states but also in planning practice. Democracy has generated a national debate about property rights issues and has reshaped the State–citizen relationship.

2017 ◽  
Vol 50 (4) ◽  
pp. 303-317 ◽  
Author(s):  
Christopher Monday

This article examines how Russian privatization helped create the Putin political system. During the ‘who lost Russia’ debate in the 1990s, American economic advisors were rebuked for allowing a ‘capture of the state’ by the oligarchs. A larger time frame reveals that the consequences of Russian privatization were quite different from the forecasted ones. Because the new class of owners were regarded as illegitimate, lacked clear property rights, and ran conglomerates immersed in a command economy these owners, that is, oligarchs, were easily subdued by the state. As a consequence, there is little chance for a coalition of elites to mobilize against Putin.


Author(s):  
Carlos J. L. BALSAS

A buildout analysis is an important methodology in land-use planning. The GIS technicalities of doing a buildout analysis tend to be the purview of professionals with a background in geographical sciences. However, it is argued that planners ought to be able to conduct buildout analysis in order to develop a better understanding of how land-use patterns could change sustainably over time depending on a community’s regulatory environment and pace of development. A state buildout analysis is compared and contrasted with buildouts conducted for two local jurisdictions on the opposite ends of Massachusetts: the towns of Amherst and Georgetown. The town of Amherst’s computations identified lower values of developable and new commercial/industrial land and 1,878 more new dwelling units than the state-led planning initiative three years earlier. In the case of Georgetown, the UMass Amherst planning consultancy identified lower values of developable land and fewer new dwelling units and 3.5 million square feet more of new commercial/industrial land than the state-led analysis. A series of implications for teaching buildout analysis in Urban and Regional Planning studio courses is presented.


2017 ◽  
Vol 6 (1) ◽  
pp. 131
Author(s):  
Robson Santos Dias

O objetivo deste trabalho é analisar o processo de esvaziamento programático e institucional do planejamento urbano e regional no Estado do Rio de Janeiro após a fusão de 1974. A partir de uma análise histórica do que se denomina de questão regional fluminense, que engloba tanto a problemática metropolitana quanto a disparidade entre a capital e o interior, demonstra-se que, desde a transferência da capital para Brasília, em 1960, falava-se da possibilidade da fusão entre o atual Município do Rio de Janeiro e o antigo Estado do Rio de Janeiro. O principal argumento era que, diante das complementaridades econômicas entre as duas unidades territoriais, a cisão era artificial. Essa ideia foi apropriada durante o Governo Geisel, que, utilizando argumentos geopolíticos e territoriais, visava a fazer da Região Metropolitana do Rio de Janeiro o segundo polo de desenvolvimento do II Plano Nacional de Desenvolvimento (PND). Aprovada a fusão, construiu-se um arranjo institucional de planejamento urbano e regional, no qual se destacava a Fundação para o Desenvolvimento da Região Metropolitana do Rio de Janeiro (FUNDREM), órgão de planejamento metropolitano. Nos anos posteriores à fusão, entretanto, a FUNDREM foi perdendo prestígio e foi esvaziada até ser extinta em 1989. Tal trajetória não foi casuística, mas o resultado do esgotamento de uma agenda em que a questão regional e, em particular, a questão metropolitana tinham centralidade.


Author(s):  
Karl Widerquist ◽  
Grant S. McCall

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.


2017 ◽  
Vol 11 (1) ◽  
pp. 35-63
Author(s):  
Ruth Roded

Beginning in the early 1970s, Jewish and Muslim feminists, tackled “oral law”—Mishna and Talmud, in Judaism, and the parallel Hadith and Fiqh in Islam, and several analogous methodologies were devised. A parallel case study of maintenance and rebellion of wives —mezonoteha, moredet al ba?ala; nafaqa al-mar?a and nush?z—in classical Jewish and Islamic oral law demonstrates similarities in content and discourse. Differences between the two, however, were found in the application of oral law to daily life, as reflected in “responsa”—piskei halacha and fatwas. In modern times, as the state became more involved in regulating maintenance and disobedience, and Jewish law was backed for the first time in history by a state, state policy and implementation were influenced by the political system and socioeconomic circumstances of the country. Despite their similar origin in oral law, maintenance and rebellion have divergent relevance to modern Jews and Muslims.


2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.


Author(s):  
Anatolii Petrovich Mykolaiets

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.


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