Dissertations / Theses on the topic 'Eminent domain Land use'

Thesis (LLD)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public purpose and public interest requirement in light of recent court decisions, especially with regard to third party transfer of expropriated property for economic development purposes. The public purpose requirement is explained in terms of pre-constitutional case law to create a context in which to understand the public purpose and public interest in terms of the 1996 Constitution. This leads to a discussion of whether third party transfers for economic development purposes are generally for a public purpose or in the public interest. The legitimacy of the purpose of both the expropriation and the transfer of property to third parties in order to realise the purpose is considered. Conclusions from a discussion of foreign case law dealing with the same question are used to analyse the South African cases where third party transfers for economic development have been addressed. Based on the overview of foreign case law and the critical analysis of South African cases, the dissertation sets out guidelines that should be taken into account when this question comes up again in future. The dissertation also considers whether an expropriation can be set aside if alternative means, other than expropriating the property, are available that would also promote the purpose for which the property was expropriated. Recent decisions suggest that alternative and less invasive measures are irrelevant when the expropriation is clearly for a public purpose. However, the dissertation argues that less invasive means should be considered in cases where it is not immediately clear that the expropriation is for a valid public purpose or in the public interest, such as in the case of a third party transfer for economic development. The role of the public purpose post-expropriation is considered with reference to purposes that are not realised or are abandoned and subsequently changed. In this regard the dissertation considers whether the state is allowed to change the purpose for which the property was expropriated, and also under which circumstances the previous owner would be entitled to reclaim the expropriated property when the public purpose that justifies the expropriation falls away. It is contended that the purpose can be changed, but that the new purpose must also comply with the constitutional requirements.
AFRIKAANSE OPSOMMING: Artikel 25(2) van die Grondwet van 1996 vereis dat `n onteining slegs vir `n openbare doel of in die openbare belang mag plaasvind, en dat vergoeding betaalbaar is. In die proefskrif word die openbare doel en openbare belang geanaliseer in die lig van onlangse regspraak wat veral verband hou met die onteining van grond wat oorgedra word aan derde partye vir doeleindes van ekonomiese ontwikkeling. Die openbare doel vereiste word geanaliseer in die lig van respraak voor die aanvang van die grondwetlike bedeling om beide die openbare doel en openbare belang in terme van die Grondwet van 1996 te verstaan. Op grond van hierdie bespreking word die vraag ondersoek of die onteiening van grond vir ekonomiese ontwikkeling en die oordrag daarvan aan derde partye vir `n openbare doel of in die openbare belang is. Gevolgtrekkings uit `n oorsig van buitelandse respraak waarin dieselfde vraag reeds behandel is dien as maatstaf vir die Suid-Afrikaanse regspraak oor die vraag te evalueer. Op grond van die kritiese analise van die buitelandse regspraak word sekere aanbevelings gemaak wat in ag geneem behoort te word indien so `n vraag weer na vore kom. Die vraag of `n onteiening ter syde gestel kan word omdat daar `n alternatiewe, minder ingrypende manier is om die openbare doel te bereik word ook in die proefskrif aangespreek. In onlangse regspraak word aangedui dat die beskikbaarheid van ander, minder ingrypende maniere irrelevant is as die onteiening vir `n openbare doel of in die openbare belang geskied. Daar word hier aangevoer dat die beskikbaarheid van alternatiewe metodes in ag geneem behoort te word in gevalle waar dit onduidelik is of die onteining vir `n openbare doel of in die openbare belang geskied, soos in die geval van oordrag van grond aan derde partye vir ekonomiese ontwikkelingsdoeleindes. Ter aansluiting by die vraag of die onteining van grond vir oordrag aan derdes vir ekonomiese ontwikkeling geldig is, word die funksie van die openbare doel na onteiening ook ondersoek. Die vraag is of die staat geregtig is om die doel waarvoor die eiendom onteien is na afloop van die onteiening te verander. Die vraag in watter gevalle die vorige eienaar van die grond teruggawe van die grond kan eis word ook aangespreek. Daar word aangevoer dat die staat die doel waarvoor die eiendom benut word kan verander, maar dat die nuwe doel ook moet voldoen aan die grondwetlike vereistes.
South African Research Chair in Property Law, sponsored by the Department of Science and Technology, administered by the National Research Foundation and hosted by Stellenbosch University
Cuicci bursary fund
Faculty of Law Stellenbosch University

Land has always been the focus of public debates among scholars, policy makers and local populations due to its scarcity in face of population explosion and rapid urban growth. This is particularly so in the case of China. In order to support an unprecedented rate of urbanization, the institutional mechanism of land expropriation has been widely adopted by the government of the People's Republic of China over the last three decades. However, the effect of this institutional mechanism in rural China has become increasingly controversial. On one side, it is one of the most powerful tools to assemble land for urban development. Moreover, by means of land expropriation and land conveyance, local governments are capable of collecting substantial revenues to fund urban development. On the other side, the exclusive power of local governments over land expropriation, which is derived from the land management system, makes it possible for local governments to manipulate the price at which land is taken from farmers. In practice, local governments expropriate suburban or rural land at a low price and then lease it at a much higher price in land market. Therefore, inequitable compensation for land expropriation has led to numerous conflicts and social tensions between local governments and land-loss farmers. The issue of land expropriation and compensation has been identified as one of most primary sources of social discontents and complaints. Even though a growing number of studies have been conducted on the urbanization and regional development in China, a thorough cause–effect elaboration of the issue of land expropriation and compensation in rural China has rarely been carried out within the political regime. This thesis analyzes the institutional framework of land expropriation and compensation in rural China from the perspectives of property rights and land management system. In addition, it discloses the opportunities for Chinese legal system to solve this issue by borrowing legal norms, wisdoms and experience from other jurisdiction, such as the United States and Germany. Furthermore, it aims to improve and reconstruct the legal framework of compensation by elaborating the concept of long-term reciprocity. Three primary questions would be elaborated in this thesis. Is the compensation for land expropriation in rural China equitable? If the compensation is not equitable, how has such an inequity been caused? And most importantly, how to improve the compensability of land expropriation?
published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy

In 2009, the central Chinese government invested 4000 billion into the Chinese economy, real estate industry expanded and the housing price increased very fast afterwards. In the construction of housing, demand of land is huge. One source of land is resumption of old area and land. Land users or owners had much conflict with government and real estate developers in land resumption and displacement issue in the past few years. This study investigates the difference of land resumption and displacement method between Hong Kong and Shanghai. This can provide information for Shanghai government to evaluate its policy and take Hong Kong as a good reference. It is because there were many problems and conflicts like imbalance of interest sharing between land users and government and real estate developers that were caused by unfair land resumption and displacement regulations and procedures. In the beginning, concepts of property rights, rent seeking, eminent domain in United States are investigated. Also Hong Kong land tenure system, letter A/B, and situation in Shanghai are included. This shows the property rights are mature in United States and Hong Kong. Shanghai is comparatively weak in this concept. In the eminent domain concept, United States and Hong Kong are fully developed, but it is still weak in Shanghai. In the methodology, I compare the land resumption and displacement rules and regulations of Hong Kong and Shanghai. In Hong Kong, those are Urban Renewal Authority Ordinance, Lands Resumption Ordinance. While in Shanghai, they are Shanghai city land displacement housing management method, Urban Buildings Demolition Relocation Administration Regulations. By the results, we can see the system in Hong Kong is much more mature and complicate than that of Shanghai. Shanghai should consider the fairness and justice concept of Hong Kong land resumption and displacement regulations to modify its regulations. Example is like involving more parties in the land resumption procedure to monitor each other and minimize the chance of interest of conflict. At last, some suggestions are made to Shanghai government. One is law court should be only responsible for judgment, while execution is done by other party. Although there are some limitations of this study like the rapid changing of land resumption and displacement regulations in Shanghai, this study still provide some valuable information for the development of real estate industry in China.
published_or_final_version
Housing Management
Master
Master of Housing Management

This study offers the first instalment of a general history of land acquisition in British India, c. 1894–1927. It advances eight principal theses: (i) that the first law of land acquisition was enacted in 1668, as part of a political settlement by the East India Company with the Portuguese landlords of Bombay island; (ii) that, to a remarkable degree, land acquisition law was shaped in the interest of the sterling railway companies; (iii) that the state habitually used land acquisition not so much to effect non- consensual transfers but to ‘launder’ titles free of encumbrances and other claims; (iv) that the primary beneficiaries of land acquisition were public bodies, the sterling railway companies, and elite private interests; (v) that the executive was hostile to legislative and judicial oversight of land acquisition, and successfully resisted or co-opted attempts to impose such oversight; (vi) that the courts were in any event content with the role they were assigned under the 1894 Act, and generally deferred to the executive in land acquisition cases; (vii) that the land-acquiring executive, although hostile to and unencumbered by meaningful legislative and judicial oversight, as a general rule displayed a legal fastidiousness; (viii) that, despite an appearance of impartiality, land acquisition bore the stain of imperialism. These theses are advanced in the course of explaining the failure of the forgotten Kelkar Bill (1927), an attempt by the Maharashtrian nationalist N. C. Kelkar (1872–1947) to enact far-reaching amendments to the Land Acquisition Act 1894. Kelkar’s fellow nationalists withheld their open support from the measure and thereby guaranteed its failure: a counterintuitive choice that, it is argued, exemplifies the tactical compromises of nationalism.

Geography
M.A.
This study is an exploration of land acquisition for Special Economic Zones (SEZs) in India. Land acquisition has become one of the most well known problems confronting the SEZ policy and other policies that encourage private investment in infrastructure. Land acquisition for SEZs has caused widespread popular mobilizations and resistance, which have in turn led to cost overruns, delays, and project failures. This study examines India's land acquisition framework, particularly the evolution of the Land Acquisition Act 1894, in order to understand the factors contributing to acquisition problems when the state uses its power of eminent domain, as well as when private developers attempt to acquire land through consensual market transactions. It uses two SEZs spanning over 14,000 hectares of land near Mumbai--Navi Mumbai SEZ and Mumbai SEZ--as cases through which to examine the land acquisition process.
Temple University--Theses

The St. Paul Redevelopment Project was unique and touted as the first-of-its-kind to feature cooperation from all three levels of government. Several government agencies helped St. Paul accomplish an “impossible dream,” spending an estimated thirty million dollars to rechannel the Clinch River in the 1970s and 1980s. The small town of 1,000 residentsrelocated 100 families from South St. Paul to carry out the project, much to the dismay of many of the residents. A primary factor in enforcing the power of eminent domain in the St. Paul Redevelopment Project was the idea of “progress,” a commonality of many redevelopment projects. The St. Paul Redevelopment Project serves as a small case study of government intervention in the Appalachian region and of resistance. St. Paul as a community and “place” has been shaped by elected officials and government agencies, but ‘place’ also belongs to individuals. The example of redevelopment in St. Paul, Virginia, and the use of eminent domain exposes a complex system of power relations at work in Appalachia, that at least in the case under study, suggests how the response of one family, the Couches, reflected both participation in the dominant system of commodification and a rejection of it.

The thesis focussed on the need to understand the nature of design processes in innovative, multi-domain, organisational information systems design. A cross-disciplinary, interpretive investigation of organisational IS design was based upon multiple literatures: information system development and methodologies, human-computer interaction, situated action, social psychology, psychology of programming, computer-supported co-operative work, computer science, design 'rationale' and organisational behaviour. Three studies were performed: 1. A case study of a user-centred design project, employing grounded theory analysis. 2. A postal survey of IS development approaches in large UK companies. 3. A longitudinal field study, involving participant observation over a period of 18 months in a cross-domain design team, employing ethnography, discourse analysis and hermeneutics. The main contributions of this research were to provide rich insights into the interior nature of IS design activity, situated in the context of the organisation (a perspective which is largely missing from the literature); to provide conceptual models to explain the management of meaning in design, and design framing activity; to produce a social action model of organisational information system development which may form the basis for communicating the situated nature of design in teaching; and to suggest elements of a process model of design activity in multi-domain, organisational information system development. The implications of the research findings for IS managers and developers are also considered a significant contribution to practice. Detailed findings from these studies relate to: I. Disparities between the technology-centred view of organisational IS development found in the literature and the business and organisation-based approaches reported in the survey. 2. The role of pre-existing 'investment in form' in shaping the meaning of design processes and outcomes for other team members and its implications for the management of expertise and for achieving double-loop leaming. 3. The detailed processes by which design is framed at individual and group levels of analysis. These findings indicated a mismatch between "top down" models of organisational IS design and observed design "abstraction" processes, which were grounded in concrete analogies and local exemplars; this finding has significant implications for organisational design approaches, such as Business Process Redesign. 4. The distributed nature of group design, which has implications for achieving a 'common vision' of the design and for the division of labour in design groups. Intersubjectivity with respect to process objectives may be more critical to design success than intersubjectivity with respect to the products of design. - 5. The political nature of design activity: it was concluded that an effective design process must manage conflict between the exploration of organisational possibilities and influential, external stakeholders' expectations of efficiency benefits. 6. Design suffers from legitimacy problems related to the investigation of a "grey area" between explicit system design goals and boundary and emergent definitions of design goals and target system boundaries; this issue needs to be managed both internally to the design-team and externally, in respect of stakeholders and influential decision-makers. It is argued that the situated nature of design requires the teaching of design skills to be achieved through simulated design contexts, rather than the communication of abstract models. It is also suggested that the findings of this thesis have implications for knowledge management and organisational innovation. If organisational problem-investigation processes are seen as involving distributed knowledge, then the focus of organisational learning and innovation shifts from sharing organisational knowledge to accessing distributed organisational knowledge which is emergent and incomplete.

The interpretations of the war of 1835 and the identity of the Fingo that were presented by the English settlers, have remained the mainstays of all subsequent histories. They asserted that the war of 1835 was the fault purely of 'Kaffir' aggression, that it was controlled by Hintza, the paramount chief, and that the ensuing hostilities were justifiable colonial defence and punishment of the Africans. The arrival of the Fingo in the Colony, it was claimed, was unconnected with the war. It was alleged that the seventeen thousand Fingo brought into the Colony in May 1835 were all Natal refugees who had fled south from the devastations of Shaka and the 'mfecane', and who had then become oppressed by their Gca1eka hosts. Both of these 'histories' need to be inverted. The 'irruption' of December 1834 was not unprovoked Rharhabe aggression, but the final response to years of the advance of the Cape Colony. Large areas of Rharhabe land had been expropriated, and their cattle regularly raided. Their women and children had been seized and taken into the Colony as labourers. The attacks were carried out by only a section of the Rharhabe on specific areas in Albany. The damage caused, and stock taken, was vastly exaggerated by the colonists. The Cape Governor, D'Urban, and British troop reinforcements arrived in Albany in January, and the Rharhabe were invaded two months later. D'Urban later invaded the innocent Gcaleka, took cattle, wreaked havoc and killed Hintza after he refused to ally with the Colony. The Fingo made their appearance at this moment. They were not a homogenous group. There were four categories within the term: mission and refugee collaborators (who were given land at Peddie and had chiefs appointed), military auxiliaries, labourers, and later, destitute Rharhabe seeking employment in the Colony. Only a small minority of the total Fingo were from Natal. The majority of the Fingo appear to have been Rharhabe and Gcaleka women and children, captured by the troops during the war and distributed on farms in the eastern districts to ameliorate the chronic labour shortage. Thus, instead of the year 1835 being one of great loss for the eastern Cape, as claimed by the settler apologists, it was a catalyst to the economic development of the area. All Rharhabe land was seized, to be granted as settler farms. Well over sixty thousand Rharhabe and Gcaleka cattle were captured and distributed amongst the colonists. The security threat of the adjacent Rharhabe and the independent Gcaleka was removed. And a large colonial labour supply was ensured.

Les biens d'usage public sont la catégorie centrale de la construction du droit administratif des biens. L'absence d'une analyse d'ensemble de la catégorie, en droit colombien, pousse à revoir les bases sur lesquelles elle repose et ses conséquences. Plus que toute autre catégorie juridique, les biens d'usage public sont tributaires de leur histoire, c'est dans l'étude de cette dernière que se trouvent les clés d'interprétation de tout le système. Le modèle utilisé par le code civil colombien a été calqué sur la division des biens publics, opérée par le droit espagnol colonial – inspirée à son tour du droit romain. Une mise à jour s'avère nécessaire. À partir de la notion de propriété publique, et de son régime constitutionnel, il est possible de construire une définition matérielle des biens d'usage public, permettant de comprendre les caractéristiques de l'usage public. Cela implique, aussi, une révision complète du régime juridique à la lumière de l'exploitation sociale et économique – valorisation – de la propriété publique. À une triple protection, celle de la propriété publique, du bien d'usage public et de l'usager, s'ajoute une nouvelle approche des occupations privatives. Cette idée d'exploitation sociale et économique anime un nouveau régime des titres habilitant l'occupation privative, des redevances pour occupation des biens d'usage public et des droits réels administratifs
Regulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce

Thesis (M.S.) -- Central Connecticut State University, 2009.
Thesis advisor: John E. Harmon. "... in partial fulfillment of the requirements for the degree of Master of Science in Geography." Includes bibliographical references (leaves 75-79). Also available via the World Wide Web.

To maintain high levels of proficiency and readiness the U.S. Army trains its soldiers on military bases across the country. However, the Army currently possesses an insufficient amount of land with which to train on, necessitating an expansion of current bases. This paper explores the Army's land acquisition policies, using as case studies the ongoing expansions at Fort Carson in Colorado and Fort Polk in Louisiana. Fort Carson, which announced expansion plans in 2006, faced strong opposition and the project has ground to a halt. In early 2009 Fort Polk announced a 100,000-acre expansion. They have utilized a broad public outreach program and promised on numerous occasions not to use eminent domain to acquire privately-held land. As a result, the Polk expansion has proceeded much more smoothly. Using lessons learned from the pair of case studies, this paper then presents a list of best practices the Army can use for future land acquisition projects.
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In the late 1990s, looking to improve its fiscal situation, the Village of Port Chester, New York, decided to approve the redevelopment of a 27-acre site that comprised a large section of its downtown. The centerpiece of the 1999 plan was a big-box shopping center and multi-tier parking structure. To build the project, Port Chester used eminent domain to raze most of its South Main Street, along with adjacent blocks--an area already full of small shops and businesses. The village took this action in the name of “public good,” replacing the small-scale buildings and family owned businesses with big-box retail--including Costco, a Loews multiplex, DSW shoes and Bed Bath & Beyond. The village’s goal was to replace a “blighted” area (the term a vestige of legal and rhetorical constructs surrounding mid-20th century urban renewal) with a more upscale one--bringing in, as officials saw it, more tax revenue and creating jobs. This dissertation examines the mechanics and the consequences of this kind of large-scale land clearance, especially in the context of a small suburban municipality. Far from being an anomaly, the Port Chester project is an example of an ongoing trend: the use of eminent domain in the service of economic development, which we can see as a kind of present-day urban renewal.
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研究以湖南省松糖事件为例，分析中国农民的抗征地对中央政府信任的影响。研究认为，征地形式、上访过程获取的信息及其上访结果都会影响对中央的信任水平。具体来说，研究有三个主要观点：第一，相比公共项目征地、参与式征地和不威胁生存安全的征地，商业项目征地、命令式征地以及威胁生存安全的征地形式会更容易导致上访。在这些征地中，抗争者提出的诉求由于超越了相关的政策法律因此很难得到地方政府的满足。第二，上访过程中农民对中央信任的变化分为三个阶段：首先，抗争者将中央与其以下政府区别开来，并对中央保持着高水平的信任；接着，多次的进京上访使抗争者获取了有关中央的信息，包括中央已经了解了他们的问题并且这些问题值得重视；最后，失败的抗争结果导致对中央能力和意图的信任同时下降。第三，对中央信任的下降并不一定会导致公民选举要求的提出，这是因为传统的政治文化和无效的村庄选举使农民的政治效能感维持在低水平。
Drawing on the data from the Song-tang incident in Hunan province, the research examines the influences of resistance to land expropriation in rural China on political trust in the central government. The study argues that forms of land expropriation, information gained through petitioning and outcomes of petitioning have influences on trust in the center. Specifically, there are three main arguments. Firstly, compared with land expropriation for public use, in participatory manners, and without negative influences on living security, land expropriation for commercial use, in imperative manners, and with negative influences on living security is more likely to cause petitioning. In the three forms of land expropriation, claims are hardly satisfied by local governments since they have surpassed the state rules. Secondly, during petitioning trust in the center changes in three phases: at the beginning, resisters distinguish the center from lower-level governments and retain high-level trust in the center. Secondly, activists gain increasing information about the center during times of petitioning to Beijing. They realize that the center has known their grievances, which are also worth its attention. Finally, failure of resistances results in decline of trust in the center’s capacity as well as trust in its commitment. Thirdly, the declined trust in the center does not necessarily imply the demand for popular elections. Due to traditional political culture and ineffective village elections, political efficacy of the farmers remains at a low level.
Detailed summary in vernacular field only.
劉靜平.
Parallel title from English abstract.
Thesis (M.Phil.) Chinese University of Hong Kong, 2015.
Includes bibliographical references (leaves 59-65).
Abstracts also in English.
Liu Jingping.

碩士
國立臺灣大學
科際整合法律學研究所
102
Judicial Yuan Interpretation No. 705 associates with the Ministry of Finance orders prescribing the standard of assessment in tax declarations for the amount to be deducted for the donation of land, which do not comply with the principle of taxation by law of Article 19 of the Constitution. These administrative rules are not merely detailed or technical matters for the enforcement of Income Tax Law. Such matters shall be specified by a law or regulations having the clear authorization of a given law. In addition there are two conflicked present situations. Firstly, the postponement of eminent domain for the land reserved for public facilities and the private preexisting roads burdened with public easement, to persist the protection of people''s property right to develop personality and to maintain dignity of people disclosed by Judicial Yuan Interpretation No. 400 make it legitimate to render the abovementioned land tax-deductible. Secondly, the tax saving planning of taxpayers through purchasing and then donating these land tremendously reduces Income Tax revenues. However utilizing purchasing cost as the basis to estimate the amount to be deducted for the donation of land is not fair and reasonable sufficiently. The amended draft of Article 17-4 of the Income Tax Law still not well protect people''s property right and maintain their dignity. This thesis reveals using the existence of “property loss” and “special sacrifice” as the distinguished standard. Only when the taxpayers have the right to be compensated from land expropriation, can donate the land to have the tax deduction which equals to eminent domain compensation. Besids, the Land Expropriation Act 30 states: “The value of land reserved for public facilities in the urban planning area shall be compensated based on the average market value of its adjoining lands not reserved for public facilities.” It shall be refered to maintain the unitity of law and just compensation. For those people purchased then donated land for tax deduction, if there is no special sacrifice, declarating the amount according to the “government declared value” of the donated land shall be considered as the cases of over tax incentive and have the possibility of applying principle of substantive taxation. The suggestions of lowering the impact of finance are restricting the donated land must be received only by local government with expropriation obligation, limiting total receiving amount of donation per each year and deducting tax by installments.

Esta dissertação pretende analisar o comportamento do Estado como proprietário fundiário e o reflexo das opções assumidas pelas diversas entidades da administração pública (central e local) na gestão do território. O exemplo escolhido, apesar do seu caráter excecional, ilustra práticas que deviam ser evitadas. Após identificar os instrumentos e atores que intervêm no ordenamento do território em Portugal, faz-se uma breve sinopse histórica do distrito e expõem-se as fragilidades estruturais das assembleias distritais, órgãos deliberativos autárquicos de âmbito supramunicipal criados após o 25 de abril de 1974 e que, nos termos da Constituição da República Portuguesa, estão destinados a vigorar até à implementação das regiões administrativas. Para enquadrar o caso de estudo – o “Projeto Integrado de Aproveitamento Social da Quinta da Paiã” (1993) – houve ainda necessidade de proceder à análise detalhada do controverso processo de transferência do património predial da Assembleia Distrital de Lisboa (ADL), proprietária dos terrenos em causa, para o Estado e descrever, de forma sucinta, a gestão que deles fez o Governo Civil de Lisboa (GCL) entre 1991 e 2011, ano em que os respetivos serviços foram extintos. Partindo do estudo de mais de três centenas de lotes urbanos desanexados de prédios rústicos localizados no Vale da Paiã, registados entre 1989 e 1991 sem autorização do proprietário (ADL) ou alvará de loteamento do município (Loures, naquela época; Odivelas a partir de 1998), foi também objetivo deste estudo procurar encontrar as razões do impasse sobre a utilização daqueles terrenos (que se mantém há quase três décadas) e elencar as perspetivas quanto à sua ocupação futura.
This dissertation intends to analyze the behavior of the State as land owner and the reflection of the options assumed by the various entities of the public administration (central and local) in the management of the territory. The chosen example, despite its exceptional character, illustrates practices that should be avoided. After identifying the instruments and actors involved in land-use planning in Portugal, a brief historical synopsis of the district is made and the structural frailties of the district assemblies, autarchic deliberative bodies of a supramunicipal scope created after April 25, 1974, are exposed which, according to the Constitution of the Portuguese Republic, are destined to remain in force until the administrative regions are implemented. In order to fit the case study – the "Integrated Project for the Social Use of the Quinta da Paiã" (1993) – there was still a need to carry out a detailed analysis of the controversial process of transferring the property assets of the District Assembly of Lisbon (ADL), which owns the and to describe briefly the management carried out by the Civilian Government of Lisbon (GCL) between 1991 and 2011, the year in which the respective services were extinguished. Based on the study of more than three hundred detached urban plots of rustic buildings located in the Paiã Valley, registered between 1989 and 1991 without the owner's authorization (ADL) or the municipal subdivision permit (Loures, at that time, Odivelas since 1998), it was also the objective of this study to try to find the reasons for the impasse on the use of these lands (which has remained for almost three decades) and to indicate the prospects for their future occupation.