Property Theory Perspectives on the Community Right to Buy

Property Theory Perspectives on the Community Right to Buy

This is a past event

Speaker: Professor John Lovett

Admission FREE, no booking required.


The community rights to buy that now exist in Scottish land reform legislation can result—at least in some cases—in what international property theorists call a “private taking” or what might be characterized as a private-to-private compulsory purchase order in the UK. This paper will consider the insights of international property theory that have addressed the legitimacy of such takings, especially when justified by a claimed public interest in economic development. The paper will argue that the community rights to buy currently emerging in Scottish land reform legislation, at least as designed, responds well to some of the critiques levelled by international property theorists but is vulnerable to criticism on other fronts. It will suggest how the community rights to buy might be modified in the future in response to some of these critiques.

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