Functionings of Land Analysing Compulsory Acquisition Cases from Sco
This book focuses on the 'functionings' and capabilities generated from land by their owners and the challenge in satisfactorily recreating these through the compensation paid in the case of compulsory acquisition of private land. These discussions initia
- PDF / 1,732,000 Bytes
- 122 Pages / 411.08 x 612.28 pts Page_size
- 39 Downloads / 168 Views
Jyoti Rao
Functionings of Land
Jyoti Rao
Functionings of Land Analysing Compulsory Acquisition Cases from Scotland
Jyoti Rao University of Melbourne Melbourne, VIC, Australia
ISBN 978-981-13-1440-7 ISBN 978-981-13-1441-4 (eBook) https://doi.org/10.1007/978-981-13-1441-4 Library of Congress Control Number: 2018949300 © The Editor(s) (if applicable) and The Author(s) 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: Modern building window © saulgranda/Getty Printed on acid-free paper This Palgrave Pivot imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Preface
This book is inspired by the “unjust” approach to social welfare as demonstrated through “unfair” compensation models adopted in many cases of compulsory acquisition of land for public infrastructure projects across the globe. While the momentum of social welfare maximization is appreciated, there is need to relook at the inequalities in the distribution of benefits and burdens among different members of the society. Compulsory acquisition of private land for public projects is a classic example of unequal distribution of burdens, which are concentrated in the hands of those landowners whose share of contribution to the project, in the form of land, is probably the largest. This book initiates the debate on consideration of functionings of each affected landowner in the compensation model so that all subjectively valuable functionings of the landowner can be satisfactorily recreated or replaced. These discussions pave way for fairer compensation mechanism, through which is ensured just distribution of benefits and burdens arising from any public project. Melbourne, VIC, Australia
Jyoti Rao
v
Contents
1 Int
Data Loading...
