Loading...
One tale of property, in my own words
Galloway, Kathrine
Galloway, Kathrine
Author
Abstract
The power of the State to alter the conditions of land use through planning laws continues to attract theorisation at the possible intersection between planning and property. As planning laws become more complex, and by needs responsive to environmental degradation - including the consequences of climate change - landowners will arguably suffer loss of market value of their land despite broader community benefit. This article analyses the contention that land planning regulation is itself property - a claim made by Paul Babie in this journal in 2016. It does so in four parts, focusing on the law’s own construction of both real property and planning permissions. It analyses the nature, content and source of the estate in fee simple in Queensland, followed by analysis of Penner’s ‘bundle of rights’ argument to ascertain whether planning laws might be comprehended within this conception of property. It goes on to assess planning permissions in terms of Honore’s incidents of property before establishing the nature, content and source of planning rights. Finally, it clarifies how planning law responds to climate change, suggesting that downstream liabilities rather than front-line environmental protection is at stake. In conclusion, it posits a conceptualisation of property alternative to that of Babie.
Keywords
land use, Paul Babie, land value, planning laws
Date
2018
Type
Journal article
Journal
Book
Volume
27
Issue
1
Page Range
157-169
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
Collections
Files
Relation URI
Event URL
Open Access Status
License
File Access
Open
Controlled
Controlled
Notes
© 2018 Griffith University
For author manuscript: This is an Author's Accepted Manuscript of an article published in Griffith Law Review, Volume 27, Issue 1, 157-169, 07 Mar 2018, copyright Griffith University, published by Taylor & Francis, available online at: https://doi.org/10.1080/10383441.2018.1443385
For author manuscript: This is an Author's Accepted Manuscript of an article published in Griffith Law Review, Volume 27, Issue 1, 157-169, 07 Mar 2018, copyright Griffith University, published by Taylor & Francis, available online at: https://doi.org/10.1080/10383441.2018.1443385