The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.

The history of the United States is often told as a movement westward, beginning at the Atlantic coast and following farmers across the continent. But cities played an equally important role in the country’s formation. Towns sprung up along the Pacific as well as the Atlantic, as Spaniards and Englishmen took Indian land and converted it into private property. In this reworking of early American history, Mary P. Ryan shows how cities—specifically San Francisco and Baltimore—were essential parties to the creation of the Republics of the United States and Mexico. Baltimore and San Francisco share common roots as early trading centers whose coastal locations immersed them in an international circulation of goods and ideas. Ryan traces their beginnings back to the first human habitation of each area, showing how the juggernaut toward capitalism and nation-building could not commence until Europeans had taken the land for city building. She then recounts how Mexican ayuntamientos and Anglo American city councils pioneered a prescient form of municipal sovereignty that served as both a crucible for democracy and a handmaid of capitalism. Moving into the nineteenth century, Ryan shows how the citizens of Baltimore and San Francisco molded landscape forms associated with the modern city: the gridded downtown, rudimentary streetcar suburbs, and outlying great parks. This history culminates in the era of the Civil War when the economic engines of cities helped forged the East and the West into one nation.

Authorized by Congress in 1889, the Cherokee Commission was formed to negotiate the purchase of huge areas of land from the Cherokees, Ioways, Pawnees, Poncas, Tonakawas, Wichitas, Cheyennes, Arapahos, Sac and Fox, and other tribes in Indian Territory. Some humanitarian reformers argued that dissolving tribal holdings into individual private properties would help “civilize” the Indians and speed their assimilation into American culture. Whatever the hoped-for effects, the coerced sales opened to white settlement the vast “unused” expanses of land that had been held communally by the tribes. In Taking Indian Lands, William T. Hagan presents a detailed and disturbing account of the deliberations between the Cherokee Commission and the tribes. Often called the Jerome Commission after its leading negotiator, David H. Jerome, the commission intimidated Indians into first accepting allotment in severalty and then selling to the United States, at it price, the fifteen million acres declared surplus after allotment. This land then went to white settlers, making possible the state of Oklahoma at the expense of the Indian tribes who had held claim to it. Hagan has mined nearly two thousand pages of commission journals in the National Archives to reveal the commissioners’ dramatic rhetoric and strategies and the Indian responses. He also records the words of tribal leaders as they poignantly defended their attachment to the land and expressed their fears of how their lives would be changed.

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.

Between the time of the settling of Jamestown and the Trail of Tears in the 1830's, thousands of American Indians were induced to cede their lands to European settlers and move westward. This book, with the aid of maps and pictures, relies primarily on the words of those involved to provide1an historical accounting of the forced relocations. Presidential policies are examined, as well as the various ways in which the Indians attempted to maintain their cultural identity during these upheavals. Cultural and community splits within the Creek, Cherokee and Seminole nations are also explored in detail.