All posts by Tim

Property unfit for human habitation – compulsory purchase order (Case Comment)

Keywords

Housing;Human rights;Clearance orders; Compulsory purchase; Houses; Protection of property; Right to respect for private and family life

Abstract

Reports on the Administrative Court decision in R. (on the application of Baker) v First Secretary of State challenging a compulsory purchase order made in respect of a seriously fire damaged house in respect of which the local authority had previously served 11 notices on public health issues. Considers whether there were any real alternatives to the making of a compulsory purchase order, given that the house was no longer fit for human habitation and posed a risk to the safety of the occupant and her immediate neighbours. Discusses whether due account was taken of the relevant circulars and whether the compulsory purchase order was a proportionate response having balanced the claimant’s individual human rights against the public interest.

Citation

(2004, Jun.) Journal of Planning & Environment Law 729-741

Case Comment

Property unfit for human habitation – compulsory purchase order

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Britain’s Right to Roam: Redefining the Landowner’s Bundle of Sticks (J.L Anderson)

Author

Jerry L. Anderson (Drake University, USA)

Keywords

CRWA, CRoW, right to roam, right to exclude, British land use control, footpaths

Abstract

Britain recently enacted a “right to roam” in the Countryside and Rights of Way Act (CRoW) 2000. At first glance, CRoW appears to be a dramatic curtailment of the landowner’s traditional right to exclude; it opens up all private land classified as “mountain, moor, heath, or down” to the public for hiking and picnicking. Yet, when viewed in the light of history, CRoW may be seen as partially restoring to the commoner rights lost during the enclosure period, when the commons system ended. CRoW also represents a return to a functional rather than spatial form of land ownership, allowing more than one party to have rights in a particular piece of land. The new law highlights some important public values regarding freedom of access that have been all but forgotten in the United States. The law calls into question U.S. Supreme Court precedent that has enshrined the right to exclude as an “essential” stick in the bundle of property rights and serves as a powerful alternative to the Court’s formalistic notion of property rights. Given the differences in its history, culture, and legal system, the United States is unlikely to follow Britain’s lead in enacting a right to roam; nevertheless, the study of CRoW contains valuable lessons for Americans.

Citation

(2007) 19 Georgetown International Environmental Law Review 375

Paper

Britain’s Right to Roam: Redefining the Landowner’s Bundle of Sticks

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SSSI compatibility with Article 1 of the First Protocol to ECHR (J. Lowther)

Author

Jason Lowther

(case commentary – R (on the Application of Trailer and Marina (Levin) Ltd v Secretary of State for the Environment, Food and Rural Affairs and another [2004] EWCA Civ 1580).

Keywords

Habitats protection; Wildlife and Countryside Act 1981; Countryside Rights of Way Act 2000; ECHR; First Protocol, Article 1.

Abstract

Examines the Court of Appeals decision regrding the compatibility of WCA 1981 as amended by CROWA 2000 with Article 1 of the First Protocol (ECHR). The case represents another example of an unsuccessful challange by a landowner against the provisions of the Acts, designed to protect species and habitats, on the grounds of human rights. Such a decision reiterates the strengh of the legislations to protect Sites of Specific Scientific Interest.

Citation

(2005) 17 Enviromental Law and Management, 24-26.

Paper

SSSI compatibility with Article 1 of the First Protocol to ECHR

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Population and pavement: population growth and land development (D.E. Orenstein & S.P. Hamburg)

Author(s)

Daniel E. Orenstein (Israel Institute of Technology, Israel)
Steven P. Hamburg (Brown University, USA)

Keywords

Land use/land cover change, Urbanization, Open space preservation, Population growth, Land use policy, Israel

Abstract

This research examines land use change in Israel––an intriguing but understudied setting with regard to population–environment dynamics. While Israel is fairly unique with regard to its combined high levels of economic prosperity and high population growth, this case study has relevance for developed countries and regions (like the south and southwest regions of the USA) which must balance population growth and urban development with open space conservation for ecosystem services and biological diversity. The population–land development relationship is investigated during the period from 1961 to 1995 at three spatial scales: national, regional (six districts), and local (40 localities). There is a positive correlation between population growth and land development rates at the national scale, and while remaining positive, the strength of the relationship varies greatly at regional and local scales. The variation in population–land use dynamics across scales is used to garner insight as to the importance of geography, policy and historical settlement patterns.

Citation

(2010) 31 Population & Environment 223-254

Paper

Population and pavement: population growth and land development in Israel

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