Equity for the Citizen and the New Law

Abstract

With both rigour and verve, the paper points up the crying legal necessity for new territorial legislation as to
the holding and transformation of ground-for/in-use, this being seen as consequent upon the inadequacies arising
from the fugitive standing to date of overlapping legal doctrine as to these particulars that has been in force.
An inescapable need is here felt for reconciling the contrast between the legal standing of such ground throughout
the nation deriving from its proper characteristics and then again its actual usage marks the legal
framework within which the Preliminary Contemplations of the New Law, were it to become an effective guarantee
for equity. The contrasted claims of any once and for all territorial governance as to a definitive use to
which ground is to be put and the programming of a punctual urbanistic development together point up the twinfold
nature of the issue joined when seeing ground as either the base material for urbanistic change, be this by
building upon it or preparing it for urban articulation or as enshrining a fixed and inalienable property right
that carries with it the further one of a free disposing as to use of the same, a right that under conditions of free
market initiative guarantees would run to the carrying out of urbanistic developments to the general weal.