Orgies of seizure and violence: Compulsory acquisition and private sector redevelopment - lessons for Australia
File version
Version of Record (VoR)
Author(s)
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
Size
File type(s)
Location
License
Abstract
This article seeks to continue the debate on extending local government compulsory acquisition powers for the assembly of private sector redevelopment sites, termed economic development takings. The United States Supreme Court decision in Kelo v City of New London 545 US 469 (2005) is analysed and criticisms of the American system, including the use of coercive powers, under-compensation of owners, governmental abuse, targeting of minority and low socio-economic groups and the imposition of dignitary harms, are considered. This article examines whether these criticisms may apply to the Town and Country Planning Act 1990 (UK) and, by extension, an Australian system modelled upon that legislation. It proposes further research to reduce negative impacts of economic development takings including: first, changing how compensation is calculated; secondly, incorporating legislatively defined criteria to measure the direct and indirect public benefits from proposals; and finally, conducting a cost/benefit analysis of implementing relocation assistance, community engagement and public consultation.
Journal Title
Local Government Law Journal
Conference Title
Book Title
Edition
Volume
20
Issue
Thesis Type
Degree Program
School
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
© 2015 Thomson Reuters. This article was first published by Thomson Reuters in the Local Government Law Journal and should be cited as Pocock, Orgies of seizure and violence: Compulsory acquisition and private sector redevelopment – lessons for Australia, (2015) 20 LGLJ 27. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
Item Access Status
Note
Access the data
Related item(s)
Subject
Property Law (excl. Intellectual Property Law)
Urban and Regional Planning
Law