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Limitations of rights of land plot owners: where is the boundary between reasonability and abuse? A. P. Anisimov, A. J. Ryzhenkov, E. S. Boltanova

By: Anisimov, Aleksey PavlovichContributor(s): Ryzhenkov, Anatoliy Jakovlevich | Boltanova, Elena SMaterial type: ArticleArticleSubject(s): ограничения прав на земельный участок | основания изъятия земельных участковGenre/Form: статьи в журналах Online resources: Click here to access online In: Law and economics yearly review Vol. 8, pt. 1. P. 148-181Abstract: The article proves that expansion of the list of the grounds for withdrawal of land plots for public needs (or limitation of rights of private owners by establishing public easements) caused by the processes of urbanization and globalization has not led to creation of an adequate system of guarantees of human rights. In this regard, the authors propose a range of measures to increase public participation in decision making as well as creation of a new legal framework of “private-public” interests and legal entities expressing them and performing a range of public functions, however, having also their own interests that often do not coincide with either private (those of land owners) or public (those of residents of settlements) interests. These legal entities must not be granted the authorities to make decisions limiting the rights of private land owners.
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The article proves that expansion of the list of the grounds for withdrawal of land plots for public needs (or limitation of rights of private owners by establishing public easements) caused by the processes of urbanization and globalization has not led to creation of an adequate system of guarantees of human rights. In this regard, the authors propose a range of measures to increase public participation in decision making as well as creation of a new legal framework of “private-public” interests and legal entities expressing them and performing a range of public functions, however, having also their own interests that often do not coincide with either private (those of land owners) or public (those of residents of settlements) interests. These legal entities must not be granted the authorities to make decisions limiting the rights of private land owners.

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