Holdouts, Site Amalgamations and Renewal of Urban Areas: A Call for Legislative Reform

  title={Holdouts, Site Amalgamations and Renewal of Urban Areas: A Call for Legislative Reform},
  author={Melissa Pocock},
Developers play a key role in the development of housing for Australian communities. However, composing a site is a complex and intricate process because owners ‘hold out’ to achieve maximum possible prices. This paper proposes that legislative reform is necessary to aid in housing renewal. Housing renewal may counteract problems of land scarcity, population growth, ageing buildings and urban sprawl. Compulsory acquisition case law in Australia and the United States is compared to identify a… 
1 Citations
Sustainable housing - a case study of heritage building in Hangzhou China
Surrounded by high-rise buildings, some two-storey buildings with black roofs are sited along the Xiaohe (Little River) in the north of Hangzhou, China. The buildings were originally built in the


Compulsory Acquisition of Native Title Land for Private Use by Third Parties
The High Court decision in Griffiths v Minister for Lands, Planning and Environment (2008) 235 CLR 232 concerned a challenge to compulsory acquisition notices issued over native title land in the
Assisted Theft
This article discusses the increasing occurrence in Australia and the USA of compulsory acquisition of private property not for public use, but for the use and benefit of private individuals and
An Economic Analysis of Eminent Domain
  • P. Munch
  • Economics
    Journal of Political Economy
  • 1976
A theoretical analysis of land assembly with and without eminent domain concludes that, contrary to traditional assumptions, eminent domain is not necessarily a more efficient institution than the
Eminent Domain after Kelo V. City of New London: An Argument for Banning Economic Development Takings
Last summer's U.S. Supreme Court decision in Kelo v. City of New London elicited angry responses from legislators, citizens and many scholars. The 5-4 decision held that the use of the eminent domain
The Uselessness of Public Use
The Supreme Court decision of Kelo v. City of New London has been denounced by legal scholars from the entire political spectrum and given rise to numerous legislative proposals to reverse Kelo's
The Public Use Question as a Takings Problem
Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with post hoc assertions about the need to promote "economic
The Ownership Society and the Takings of Property: Castles, Investments, and Just Obligations
This Article examines three models of property that can help us make sense of otherwise intractable takings doctrine. The two best understood models are the "castle" model, which conceptualizes
The Neglected Political Economy of Eminent Domain
This Article challenges a foundational assumption about eminent domain - namely, that owners are systematically undercompensated because they receive only fair market value for their property. The
Kelo v. City of New London
The United States Supreme Court's 2004–2005 term added some excitement to the lives of land use attorneys and planners. In addition to jettisoning the “substantially advances” test from takings jur...
Symposium – Eminent Domain: In the Aftermath of Kelo v. New London, a Resurrection in Norwood: One Public Interest Attorney's View
Three months before residents of New London, Connecticut, went to court in Kelo v. City of New London, I recall reading a side note about a family distraught in a different town. The family-friendly