2004 Fiscal Year Final Research Report Summary
PUBLIC INTEREST AND PROPERTY IN PLANNING LAW
| Project/Area Number |
14520032
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | RITSUMEIKAN UNIVERSITY |
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Principal Investigator |
YASUMOTO Norio RITSUMEIKAN UNIVERSITY, College of Law, Professor, 法学部, 教授 (20066723)
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| Project Period (FY) |
2002 – 2004
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| Keywords | urban renewal / public cooperatives / unlimited liability / interest of planning permission system / suit to quash a planning permission / citizens' suit |
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| Research Abstract |
Regeneration of cities today requires "PLANNING, because it is needed to create attractive cities, to manage urban infrastructure in the age of ripeness, and because land is very unique property. But planning today is no more the one it used to be, that is the planning for projects for and land use control of expanding cities. New planning theory is required. What are the factors of procedural justification and substantive justification of new planning?
Plan for local areas should keep following values : (1) securing personalities-(1-1) securing safety, (1-2) securing stable habitat where one can keep his personality, (2) conservation of environment-(2-1) conservation of healthy environment, (2-2) conservation of natural environment, (2-3) conservation and creation of local culture and local identity, (3) controlling minus impact to the outside of this area, (4) convenience economic and social activities. The values of environment and habitation are keystones among them.
One of those actors who are to realize some of these values I the public cooperatives which consist of owners of land and tenants. And the redevelopment company is other one, the system of which is legislated in few years. But the latter has not the substance of landowners-tenants company, and it has not the enough reason to take compulsorily the kind of other people. On the other hand, the public cooperatives are faced serious difficulties and bankruptcy, but they can not be bankrupted in our legal system. This system is inconsistent with compulsory membership system.
It must be paid enough attention that municipal corporations play important roles in the process of consultation and agreement among various values to create local plans, because they consist of local people who has local sovereign power:
On the same time each parson and body must be given an opportunity to participate planning of local areas and its implementation, which is guaranteed by legal procedure.
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