Private property rights and the State. A study of regard and increasing disregard in Western Australia: 1829-2016

William Rupert Johnson

Research output: ThesisDoctoral Thesis

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Abstract

This thesis considers Western Australian laws affecting landowners' property rights from 1829. The State's treatment of propert} rights between 1829-1899 balances public and private interest considerations; between 1900-1977 the State's treatment is mixed, between 1978-2016, a focus on public interest considerations Increasingly threatens property rights. Five themes are
identified: (1) State regard for property rights is more about sectional groups' political influence than principle: (2) the common law provides limited protection of property rights; (3) land tenure is insecure; (4) public purpose limitations regarding resumption are commonplace; and (5) the legislature's approach to compensation is flawed. Law reform is needed.
Original languageEnglish
QualificationDoctorate
Awarding Institution
  • The University of Western Australia
Supervisors/Advisors
  • Bartlett, Richard, Supervisor
Award date11 Aug 2017
DOIs
Publication statusUnpublished - 2017

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