People or Property : : Legal Contradictions, Climate Resettlement, and the View from Shifting Ground.
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| Place / Publishing House: | Cham : : Springer International Publishing AG,, 2023. ©2024. |
| Year of Publication: | 2023 |
| Edition: | 1st ed. |
| Language: | English |
| Online Access: | |
| Physical Description: | 1 online resource (251 pages) |
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Table of Contents:
- Intro
- Acknowledgements
- Contents
- Authorship
- About the Authors
- List of Figures
- Part I Conceptualizing Property and Its Contradictions: A Challenge for Climate Justice
- 1 Pulling at the Thread
- Property Law and the Social Creation of Space
- Four Contradictions of Property and Law
- How to Read This Book
- References
- 2 Property Law and Its Contradictions
- References
- Part II Proof of Harm
- 3 Market Orientation as an Environmental Hazard for Resettling Communities
- Introduction
- Community Resettlement as a Real Estate Transaction
- Individuation and Limitations on Receiving Community Engagement
- Out of the Kettle of Coastal Flooding and into the Fire of Predatory Inclusion
- Conclusion
- References
- 4 Flood Buyout Relocations and Community Action
- Introduction
- Vacant Lots
- The Political Ecology of Success
- Six Ways to Frame What a Buyout "Community" Is Anyway
- Neighborhood That Emerged Out of Historical Necessity
- Neighborhoods That Should Not Have Been There in the First Place
- Relatively Affordable Places to House More Socially Vulnerable Populations
- Diffused and Ambiguously Bounded Social Networks with Impacts Beyond
- Spaces with Constrained Choice
- Experiences and Attachments to Place
- From Housing Counselors to Community-Led Buyouts
- A Predetermined Redevelopment Strategy
- A Case for Healing and Memory
- Conclusion
- References
- 5 Displacing a Right to Act Communally Within Community Relocation
- Introduction
- Legal Definitions of Community
- Undermining Community Action While Administering Community Resettlement Funds
- Consequences of Redefining Community
- Conclusions
- References
- 6 Precarious Possessors and "the Right to (Rebuilding) the City"
- Introduction: A Right to Rebuilding the City.
- Precarious Possessors: Diverse Categories of Possession/Dispossession
- Disaster Experiences for Renters
- Precarious Possession and Citizenship Status
- Renters and Retreat: Current Policy
- Discussion and Conclusion: A Study in Remembering
- References
- 7 Interrogating "Just Compensation" and Flexibility: Details on the Inadequacy (and Importance) of Voluntary Buyouts for Relocation in Alaska
- Introduction
- Buyouts in Alaska
- What Is Just Compensation in Voluntary Buyouts?
- Flexible Infrastructure and Climate Change: Just Compensation as Repair
- New Infrastructure Technologies Are Not Enough
- Conclusion: From One House to Regional Solutions
- References
- Part III The Legal Framework
- 8 A Primer of Laws, Legal Concepts, and Tools That Structure Relocation and Novel Ways of Utilizing the Law
- Land Use, Building Codes, and Zoning as Hazard Mitigation
- Using and Better Understanding Land Use, Building Codes, and Zoning
- Restricting Development
- Takings Jurisprudence
- Novel Uses of Takings Jurisprudence
- Eminent Domain
- Public Trust and Public Necessity
- Alternatives to Individual Property Exchange as a Relocation Solution
- Existing Communal Relocation Mechanisms
- Community Land Trusts
- Community Development Corporations and Community Housing Development Organizations
- Community Right-to-Buy
- Hazard Mitigation, Adaptation, and Resilience Grant Funding
- Conclusion: Considering Repair as a Legal Solution
- References
- 9 Discretion and the Roles People Play in Interpreting and Applying the Law
- Regulatory Mechanisms
- Bureaucratic Discretion
- Administrative Evil
- Can Bureaucratic Discretion Be Used in Service of Community Desires?
- Conclusion
- References
- 10 Concluding Thoughts
- Reference
- Correction to: People or Property.
- Correction to: A. Jerolleman et al., People or Property, https://doi.org/10.1007/978-3-031-36872-1
- References
- Index.