Rethinking Expropriation Law II

Context, Criteria, and Consequences of Expropriation

Edited by: B. Hoops, E.J. Marais, H. Mostert, J.A.M.A. Sluysmans, L.C.A. Verstappen

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. The 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 book's 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 book deals with the criteria that determine whether compensation is due for a regulatory taking, constructive expropriation, or excessive regulation of property. It examines the definition of takings and whether the dissolution of condominium constitutes a taking, and it uncovers how the amount of compensation can play a role in the justification of expropriation. Lastly, the book examines the consequences of expropriation for residential communities. *** Librarians: ebook available [Subject: Expropriation Law, Property Law, Legal History, Comparative Law, European Law, Human Rights Law, International Law]

Publication Date: 12/31/2015
Format: Paper
ISBN: 9789462366329