Property and administration: comparative observations on property rights and spatial planning with some cases from The Netherlands

This article addresses the role of private property rights in the process of spatial planning. The article considers this process from the viewpoint of the dichotomy of power between the private property rights and public policy. On one hand, there is the private owner, who has the right to decide how to use the land based on the right to dispose. On the other hand, there is the government, which has the right to aim at realizing socially desirable land use based on its role as custodian of the public good. The article investigates which mechanisms are available to settle these interests, such as the binding zoning plan with its regulations and the options for government land acquisition. The article in short presents the integrated approach that is in force in the Netherlands. As this settlement process concerns the relationship between citizen and State, attention is paid to human rights aspects of property. The article addresses briefly the issue of land administration systems; adjusting public powers and private rights at least requires good knowledge of who owns what and how. Without such knowledge, it appears to be difficult for any government to operate effectively, efficiently, and fairly.