Social function of property through compulsory utilization? The example of Maringa

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Date
2016
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AESOP
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This paper deals with the outreach of urban planning instruments that are aimed at the social function of private property, more particularly the Compulsory Subdivision, Building or Utilization of land (CSBU). This instrument, as well as its complement, i.e. the progressive property and land tax (over time) are mentioned in the constitution of 1988 and, subsequently, regulated by the City Statute (CS), a federal framework law that was approved in 2001. The CSBU requires land or real estate to be subdivided, used or built upon. The obligation is established by the State in relation to property owners so as to anchor a conception of property rights that is subject to collective-social interests. As such, the instrument was expected to contribute to the reduction of excessive escalation of land prices and values and to promote the organization of land use and development. The City Statute requires that municipalities approve and revise their Master Plans according to its guidelines and instruments. This legal obligation triggered a significant increase in the number of plans. However, in the majority of cases, the regularization and application of the instruments aimed at containing land Price escalation did not happen (SANTOS JUNIOR & MONTANDON, 2011). Despite of the importance of CSBU and its incorporation in many of the new master plans, there are few experiences of cities that have effectively used the instrument. Research undertaken by Denaldi et. Al. (2015) showed that in January 2014, from a sample of cities with more than 100.000 inhabitants, 25 regulated CSBU and only 8 have started its implementation.
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Proceedings of the IV World Planning Schools Congress, July 3-8th, 2016 : Global crisis, planning and challenges to spatial justice in the north and in the south
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