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Distributed for University of British Columbia Press

Public Interest, Private Property

Law and Planning Policy in Canada

When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.

334 pages

Table of Contents

Introduction / Marcia Valiante and Anneke Smit

Part 1: Contextualizing Canadian Private Property and Public Planning

1 Private Property in Historical and Global Contexts and Its Lessons for Planning / Harvey M. Jacobs

2 Bumble Bees Cannot Fly, and Restrictive Covenants Cannot Run / Bruce Ziff

Part 2: Public Interest, Participation, and Planning Law

3 The Disappearance of Planning Law in Ontario / Stanley M. Makuch

4 In Search of the “Public Interest” in Ontario Planning Decisions / Marcia Valiante

Part 3: Recent Shifts in Canadian Urban Planning and Private Property

5 Transforming Toronto: Implementation and Impacts of Metropolitan-Scale Plans / Pierre Filion and Anna Kramer

6 Green Development: New Entanglements of Property, Planning, and the Public Interest / Deborah Curran

Part 4: Private Property, Natural Resources, and Planning

7 Private Tree Protection Bylaws: In the Public Interest? / Eran S. Kaplinsky

8 Planning for Potable Water: Public Interest and Property Rights / Jane Matthews Glenn

Part 5: Issues in Canadian Expropriation Law and Practice

9 Expropriation: The Raw Edge of the Conflict between Public and Private Interests / Stephen F. Waqué and Ian Mathany

10 Making Up for the Loss of “Home”: Compensation in Residential Property Expropriation / Anneke Smit


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