Planning, Law, and Property Rights

[i]Fourth International Conference[/i] School of Spatial Planning, TU Dortmund 10–12 February 2010 Law is an essential element of planning. Statutory law, as interpreted by the courts, defines planning powers, the planning process, and the mandatory elements of binding development plans. Although the law often attributes a wide margin of discretion to the planning authority, it also limits planning powers for the protection of individual rights. Yet, the law also helps planners to make a difference. Plans may work better as legally binding documents. Moreover, the rule of law builds confidence that plans are neither capricious nor arbitrary. Planning law is not merely an instrument of hierarchical control, but also includes consensus building, public participation, negotiated agreements, and a wide array of legal incentives to a better use of the land. The role of law in planning and law is not confined to planning law. Making plans for land use or city and regional development also requires that planners address broader legal issues and deal with constitutional law, property law, tax law, contract law, or environmental law. As long as plans are not simply an expression of goodwill, planners have to defend their ideas in courtrooms and respond to the legal arguments raised by opposing stakeholders. Visit the official site: http://www.plpr2010.tu-dortmund.de/