Compensation rights for decline in property values due to planning regulations : an international comparative perspective
Alterman, Rachelle
When property values decline as a result of land use regulation (but is not expropriated), should landowners be entitled to compensation from government? The issue is universal, yet in most cases, the solutions have been local-national. This paper reports on the finding of the first large-scale international research project on this issue. The project encompassed 13 countries - 9 EU-member European countries, and 4 non-European jurisdictions (including the USA). This group of countries represented a 40% sample of all OECD countries in 2010. The large representation of European countries reflects the actual membership of OECD where of the members countries are indeed located in Europe. In the absence of prior comparative research there have been a lot of mutual misconceptions on this issue. The image among many Americans is that Europe has an almost unitary approach that offers less protection of property rights than the USA. The image among Europeans is that the USA is extremely generous in its law offering extensive compensation rights for what the Americans call "regulatory takings".
Event: FIG Working Week 2012 : Territory, environment, and cultural heritage
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