scholarly journals The Competing Social and Environmental Functions of Private Urban Land: The Case of an Informal Land Occupation in São Paulo’s South Periphery

2018 ◽  
Vol 10 (11) ◽  
pp. 4160 ◽  
Author(s):  
Ana Pimentel Walker ◽  
María Arquero de Alarcón
Keyword(s):  
Land Use ◽  
Property Rights ◽  
Urban Policy ◽  
Private Property ◽  
Informal Settlements ◽  
Urban Land ◽  
Land Occupation ◽  
Land Conflicts ◽  
The Right ◽  
Environmental Functions

This article examines the role of legal actors in mediating urban land conflicts involving informal settlements and the social and environmental functions of private property. This problem reveals the challenges of conciliating two constitutional rights—the right to adequate housing and the right to a healthy environment. Methods include an analysis of the urban policy and legal framework regulating environmental protection, housing provision, property rights, and land use law. The legal case analysis of Ocupação Anchieta, a young land occupation in São Paulo’s periphery, offers additional evidence through interviews with key informants, fieldwork including household surveys, participatory planning meetings, direct observation, and mapping of existing conditions. Findings demonstrate that private property rights continue to have uncontested power in the legal system, especially during the first years of an informal settlement. Furthermore, planning regulations do little to help young land occupations, vis-à-vis consolidated informal settlements, in establishing sustainable practices from the beginning. Peripheral urbanisation through informal land occupations of environmentally protected areas remains one of the most pressing problems of the Global South. Thus, legal actors and planners should develop land use laws, urban policy, and mechanisms of private property conflict mediation that distinguish between young land occupations and consolidated informal settlements.

Making Property in Kyrgyzstan: Bishkek’s Urban Periphery as Redistributive Space

2017 ◽  
Vol 4 (2) ◽  
pp. 173-196 ◽  
Author(s):  
Craig Hatcher
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Informal Settlements ◽  
The Political ◽  
Land Claims ◽  
Unequal Distribution ◽  
Political Unrest ◽  
Urban Periphery ◽  
Moral Claims ◽  
The City

This article explores urban land claims made by residents living in Bishkek’s informal settlements (novostroikas) located on the edge of the city. By examining the growth of the urban periphery alongside shifts in property rights enacted through privatization programs, Bishkek’s novostroikas are a grassroots attempt to correct previous inequitable distributions of private property. The political unrest of the Tulip Revolution in 2005 and the violent events of 2010 are taken as decisive moments to challenge this unequal distribution. The article examines how the residents of novostroikas enact collective and moral claims over land that demonstrate an understanding of private property to be contextual, overlapping, and heterogeneous, rather than singular and predetermined.

PROPERTY RIGHTS AND THE RIGHT TO THE FRUITS OF ONE'S LABOR: A NOTE ON ADAM SMITH'S JURISPRUDENCE

2005 ◽  
Vol 21 (2) ◽  
pp. 279-289 ◽  
Author(s):  
AMOS WITZTUM
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Private Ownership ◽  
Theory Of Justice ◽  
Natural Justice ◽  
Ethical Position ◽  
The Right ◽  
Smith Theory

This paper provides further evidence to the argument that Smith' theory of justice did not follow the natural justice school and that subsequently the ethical position on acquiring private property is not independent of the effects which such acquisition may have on the property-less individuals. I will show that the justification for private ownership is based on “reasonable expectations” which owners of assets have with regard to the fruits of the asset. The expectation to subsist through the use of one's natural assets is equally reasonable. This is not to say that Smith believed that society should equally distribute income. But it does mean that the acquisition of private property must not interfere with the rights of individuals to subsist. Consequently, distribution is clearly an important part of Smith's conception of justice.

scholarly journals The problem of the actual replacement of private property rights by rights of use in Ukraine: status and prospects

2020 ◽  
pp. 57-64
Author(s):  
L.D. Rudenko ◽  
O.L. Orlov
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Private Property Rights ◽  
Democratic Polity ◽  
Main Instrument ◽  
Private Owner ◽  
The Right ◽  
Real Type ◽  
Legal Grounds ◽  
Direct Threat

The article has substantiated the process of the de facto replacement of the right of private property by the rights of use; distinguished stages in the development of the private property institution in Ukraine; specified grounds for the emergence and termination of the right of private property and the rights of use; refined sense and scope of responsibility of the private owner and the holder;identified the main instrument of substitution of the right of private property by the rights of use; traced preconditions for passing inconsistent judgements on property protection by the ECHR; and analyzed possible consequences of further substitution of the right of private property by the rights of use. Regard to findings of the study it was considered about instability of the private property institution; identity between unofficial grounds for the termination of the right of private property and unofficial grounds for the emergence of the rights of use; existence of the direct threat to owner status in Ukraine; absence of legal grounds for increasing the sense of owner responsibility, including taxation of the private property; transformation of the feudal law into the modern rights of use combined with the right of possession; possibility of establishing a real type of polity and prospects for its development by ways of regulation of the ownership relations. The article has also considered about creating preconditions for restoring the feudal law and replacing democratic polity by a monarchy in Ukraine and other countries owing to severe restrictions on the right of private property, above all, through taxation of the privateproperty, and its de facto replacementby the rights of use.

Real estate developers’ influence of land use legislation in the Toronto region: An institutionalist investigation of developers, land conflict and property law

Urban Studies ◽  
2017 ◽  
Vol 55 (14) ◽  
pp. 3059-3075 ◽  
Author(s):  
Donald Leffers
Keyword(s):  
Land Use ◽  
Real Estate ◽  
Land Use Planning ◽  
Private Property ◽  
Planning Theory ◽  
Property Law ◽  
Land Conflicts ◽  
Political Processes ◽  
Real Estate Developers

This paper investigates the role of real estate developers in shaping land use legislation, land use planning and property law. The conceptual framework draws on third-phase institutionalism and socio-legal theory to examine actors and ideas that influence knowledge and practices of land use, planning and property. This paper confronts absences in planning theory that overlook the role of real estate developers in disputes over land, especially their role in shaping the legislative framework governing land use. The argument is that property law is not simply an objective system of rules interpreted by lawyers, judges and the courts. Neither is it a singular concept protecting private property rights. Rather, it is a complex concept and institution that emerges in practice through political processes, such as social movements, the exercise of power and influence by elite actors, and strategic acts by political actors navigating diverse and competing agendas. The empirical evidence informing this argument derives from case study research of land conflicts on the Oak Ridges Moraine in the Toronto region, Canada, with particular attention given to the relationship between real estate developers, social movement actors, and politicians involved in resolving the conflict.

CONDITIONS FOR THE EXERCISE OF THE RIGHT TO PRIVATE PROPERTY: DE YURE / DE FACTO

2021 ◽  
Vol 6 (5) ◽  
pp. 31-39
Author(s):  
Alisher Borotov ◽  
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Civil Code ◽  
The Republic ◽  
The Right

The article is devoted to the right to private property and the conditions for its implementation, which explains that ownership is not only a right, but also a duty, a responsibility. Therefore, Article 172 of the Civil Code of the Republic of Uzbekistan states that these conditions are specially normalized. And throughout the article, these terms are explained in de jure / de facto perspective.At the end of the article, the new version of the draft Civil Code of the Republic of Uzbekistan provides suggestions for improving Article 198 of the "Conditions for the exercise of property rights".

Property Rights Through Social Movements: The Case of Plantations in Kerala, India

2019 ◽  
Vol 7 (2) ◽  
pp. 152-168
Author(s):  
Deepa Kylasam Iyer
Keyword(s):  
Land Use ◽  
Property Rights ◽  
Institutional Theory ◽  
Transaction Costs ◽  
Institutional Transformation ◽  
Land Occupation ◽  
Title Deed ◽  
Grassroots Level ◽  
Land Use Rights

Globally, increased investor interest in land is confronting various types of political mobilisations from communities at the grassroots level. This article examines the case study of a land occupation movement called Chengara struggle in the largest corporate plantation in southern India. The movement is led by the historically dispossessed scheduled caste and scheduled tribe communities. The objective of the study is to understand the type of institutional transformation of property rights that the movement is calibrating. Institutional theory is used to determine the nature and direction of transformation using the framework of economic and political transaction costs. The article concludes that the central demand of the struggle for individual title deed has higher private gains for right-holders, but has overall negative gains for agricultural productivity. The article concludes that productivity-oriented demands to restructure land-use rights within plantations might converge in the land struggles of the future.

scholarly journals The Analysis of Government Program Implementation in The Fulfillment of Home Needs for The Poor

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Dian Khoreanita Pratiwi ◽  
Keyword(s):  
Property Rights ◽  
Program Implementation ◽  
Private Property ◽  
Government Programs ◽  
Private Property Rights ◽  
Healthy Environment ◽  
Sustainable Environment ◽  
The Poor ◽  
The Government ◽  
The Right

The state is responsible for protecting the entire Indonesian nation through the implementation of housing and settlement areas so that people are able to live and live in decent and affordable houses in a healthy, safe, harmonious and sustainable environment throughout Indonesia. Article 28H paragraph (1) of the 1945 Constitution stipulates that everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy environment and have the right to obtain health services. Then Article 28H paragraph (4) of the 1945 Constitution states that everyone has the right to have private property rights and these property rights may not be taken over arbitrarily by anyone. The research method used is empirical juridical research, which is to see the extent of the government's ability to provide housing for the poor. As for the results of the research, that the implementation of government programs in meeting housing needs for the poor, where the government has launched several programs, which include the construction of flats, special houses, assistance for the construction of infrastructure, facilities and utilities, housing financing assistance, and self-help housing stimulus assistance. Even though there have been many programs, not all residents have a decent place to live.

scholarly journals Protection of private property expropriation

2018 ◽  
Vol 22 (2) ◽  
pp. 35-44
Author(s):  
Karolina Muzyczka
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Legal Method ◽  
Basic Law ◽  
European Court ◽  
Estate Property ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Basic Institution ◽  
The Right

The basic law related to real estate/property is the right of ownership. It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. The provisions of the Constitution of the Republic of Poland of 1997, which set the standards for protection of property rights, are heterogeneous. This results both from their location in the basic law and from the wording. There are provisions in the form of constitutional principles, provisions expressing subjective rights, as well as provisions providing procedural guarantees for the implementation of the former. This multitude of forms creates some interpretative difficulties, the resolution of which is often dealt with by the Constitutional Tribunal. The considerations in the paper are based on various research methods, especially on the dogmatic and legal method. The author discusses achievements of jurisprudence and doctrine with respect to property rights, regulations of the Constitution, expropriation in civil law, judicature of the Polish Constitutional Tribunal and other Polish courts as well as acts of international law e.g. the jurisprudence of the European Court of Human Rights.

scholarly journals Theoretical and legal bases of protection of business entities from raiders in Ukraine

2020 ◽  
pp. 51-56
Author(s):  
N.S. Horobets ◽  
Ye.S. Pylypenko
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Criminal Liability ◽  
The State ◽  
Small Enterprises ◽  
Legal Principles ◽  
Business Entities ◽  
State Registration ◽  
The Right ◽  
Common Understanding

The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie "raiding", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine "On Joint Stock Companies" deals only with certain aspects of raiding. Features of "white", "gray", "black" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of "raiding", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.

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