The Decline and Fall of Town Planning Law in Spain: from Cerda's Public Works Town Planning to Private Town Planning
Keywords:
Cerdá, Derecho urbanístico, Obras públicas, Expropiación, Historia del urbanismoAbstract
«Town and Country Planning Law shall set a limit upon such Planning and Building for such Planning is here held to be of Public Concern and thus not merely an adjunct deriving from the right to Private Property». For the author, Spanish T&C Planning is grounded upon this idea of planning as works to the Public benefit right through from the 1879 Compulsory Purchase Act (this much influenced by Cerda) on to the 1956 Land Act which excluded from its idea of a fair price for compulsory purchase any benefits accruing from public planning in any given plan or project. In the wake of the 1975 and 1990 Acts, the decision of the Constitutional Court of March 20'", 1997 is here seen as to be a cutting back on the reach of the state's planning powers, this being made abundantly clear by the 1998 Act which sets up the Private Project as the model for planning in line with its two predecessors.
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Copyright (c) 1999 Ramón Parada
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