Taking Land: Compulsory Purchase and Regulation of Land in Asian-Pacific Countries

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Tsuyoshi Kotaka, David L. Callies
University of Hawaii Press, 2002 - Law - 382 pages
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The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase.

The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a colonial legal system, and the accommodation of indigenous peoples' land rights.

With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region.

Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.

 

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Contents

Planning Law and Compulsory Acquisition in Australia
27
Compensation System in the Peoples Republic of China
75
Government as Ground Landlord and Land Use Regulator The Hong Kong Experience
96
Japans Land Use Law
144
Land Use Planning and Compensation in Korea
169
Land Acquisition in Malaysia
195
Compulsory Land Acquisition and Compensation in New Zealand
227
Compulsory Purchase in Singapore
263
The Land Use Zoning Control and the Land Expropriation System in Taiwan
286
Land Planning Law System Land Acquisition and Compulsory Purchase Law The Case of Thailand
305
The Compulsory Purchase of Private Land in the United States
349
List of Contributors
377
Index
379
Copyright

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Page 45 - order and good government of the Commonwealth with respect to:— (xxxi) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws. This constitutional provision

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About the author (2002)

David L. Callies is Benjamin A. Kudo professor of law at the University of Hawai'i, where he teaches land use, state and local government, and real property law. He is a graduate of DePauw University, the University of Michigan Law School (J.D.) and the University of Nottingham (LL.M.), and a past foreign fellow and present life member of Clare Hall, Cambridge University. He is the author or coauthor of seventeen books.

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