Planning Law, Regulation and Dispute Resolution

AESOP Co-Chair : Rachelle Alterman, Technion, Israel
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ACSP Co-Chair : Richard (Dick) Norton, University of Michigan, USA
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Track Description

Almost all countries have laws, regulations and government institutions that determine a significant number of issues related to planning. These issues range from procedural matters to substantive aspects of planning policies and implementations. In recent years planning law (comprised of legislation and court decisions) faces additional challenges that go beyond the domestic domains into the global arena. Can the laws and institutions that govern planning meet the challenges posed by climate change, sustainability and mitigation of risks? Are planning laws geared to handle emerging distributive justice issues within cities, within countries, and across borders? This track aims to provide a platform for sharing research and experiences on any of the following and related topics:

• Statutory (regulatory) planning systems and instruments: How well can they accommodate emerging economic, socio-demographic and environmental realities?
• Institutional structures and procedures: How does planning law structure the relationships between central governmental control, local government, markets, and non-governmental organizations?
• Public participation, conflict management and dispute resolution;
• Regulatory land use instruments: local statutory plans, zoning, building permits, agreements with developers, “exactions” or “planning gain”, regulation of open space and natural resources, historic-building regulation and other;
• Public property rights / private property rights / private property responsibilities: tensions between them, land for public services, customary collective / private rights, expropriation, compensation, land readjustment, taxation of land values, transfer or development rights.

Contributions may look at the general theory of planning and law or investigate particular issues, focusing either on a particular country or cross-nationally. Since legal and planning systems vary greatly from country to country, authors should make the legal structures and procedures as transparent as possible.

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