Public Good as Public Interest?

Olejarski, Amanda M.

doi:10.2753/pin1099-9922130403

Cited by 7 publications

(2 citation statements)

References 18 publications

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“…For example, in the Netherlands, there is discussion whether the municipalities can use lease-conditions (private law) to achieve public goals that are considered to be public interest, instead of applying public law (de Wolff, Ploeger, & de Jong, 2006). It should be noted that "general interest" is not always synonymous with the interest of the municipality or the central government (see the discussion about what "public use" is in the United States; Olejarski, 2011). Many court cases against government interventions (e.g., concerning zoning regulations and expropriation) provide evidence for that.…”

Section: The Nature Of Public Restrictionsmentioning

confidence: 99%

“…When “public use” and “public purpose” are also added to the terms mixture, executive managers who are charged with implementing the statutes are lost without guidance. According to Olejarski (2011), such guidance can be found in the principle of “tangibility,” which requires that direct, tangible benefits to society should outweigh agential or private interest.…”

Section: Public Acquisition Of Landmentioning

confidence: 99%

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Property and Administration

Molen

2013

Administration & Society

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This article addresses the role of private property rights in the process of spatial planning. The article considers this process from the viewpoint of the dichotomy of power between the private property rights and public policy. On one hand, there is the private owner, who has the right to decide how to use the land based on the right to dispose. On the other hand, there is the government, which has the right to aim at realizing socially desirable land use based on its role as custodian of the public good. The article investigates which mechanisms are available to settle these interests, such as the binding zoning plan with its regulations and the options for government land acquisition. The article in short presents the integrated approach that is in force in the Netherlands. As this settlement process concerns the relationship between citizen and State, attention is paid to human rights aspects of property.

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Section: The Nature Of Public Restrictionsmentioning

confidence: 99%

Section: Public Acquisition Of Landmentioning

confidence: 99%