Sunday, April 17, 2016

New Book on Expropriation from an International/Comparative Perspective

Eleven Publishing and Juta have jointly released the two volume book series: Rethinking Expropriation Law. The volumes contain works by Eduardo Peñalver (Cornell), Michael Heller (Columbia), Rick Hills (NYU), Henoch Dagan (Tel Aviv), John Lovett (Loyola-NOLA), Gregory Alexander (Cornell), Bjorn Hoops (PhD Candidate-University of Groningen), Ernest J. Marais (University of Johannesburg), Hanri Mostert (University of Cape Town), Jacques A.M.A. Sluysmans (Radboud University), and Leon C.A. Verstappen (University of Groningen). The work looks fascinating, particularly because it deals with this important issue from so many different and global perspectives.

Volume I is titled Public Interest in Expropriation. Cribbing from the publisher, here's a summary:

This book is the first of a series in which experts engage critically with identified aspects of expropriation law. The internationally diverse group of contributing authors offer valuable insight into the treatment of public purpose/interest related issues as they are canvassed in jurisdictions around the world. Some of these include: 

  • the public purpose/interest requirement and the definition of the object of expropriation;
  • the role of public purpose/interest in distinguishing between expropriation and regulation of property;
  • public interest and the classification of expropriatory actions as administrative, statutory or constructive;
  • categorising of the notions of public interest and public purpose;
  • justifiability of expropriation without compensation;
  • consequences of a change in purpose after expropriation has been effected;
  • whether an expropriation can be challenged on the basis that less invasive means were available for the state to realise the specific purpose;
  • whether the public interest could legitimately entail transfer of expropriated property to a party other than the state.  

Volume II is titled Context, Criteria, and Consequences of ExpropriationPublisher's overview as follows:

This book is the second of a series in which experts engage critically with the context, criteria and consequences of expropriation. The State, in the shape of monarchies, dictatorships, or democracies, has been using expropriation to implement its policies since the times of ancient Rome. This book therefore contains contributions on the historical context of expropriation. Despite its age, however, expropriation law is constantly evolving at the national and international level. The contributors show how European human rights law and international soft law instruments shape national criteria and expropriation procedures. They discuss how comparative law and insights from the theory of human flourishing can help to improve the criteria for the justification of expropriation. From comparative and international perspectives, the contributors deal with the criteria that determine whether compensation is due for a regulatory taking, constructive expropriation or excessive regulation of property. The contributors examine the definition of takings and whether the dissolution of condominium constitutes a taking. They uncover how the amount of compensation can play a role in the justification of expropriation. Lastly, the contributors examine the consequences of expropriation for residential communities.

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