We explore whether there is evidence of property rights among the homeless, and if so, how these rights are governed. By conducting interviews with 52 homeless people in Cape Town, we show that although the homeless are able to derive some value from assets, and can exclude other members of their community, these rights are precarious and dependent upon state agents not seizing the ‘property’ and overriding the community’s rules of the game. We demonstrate the intersectionality of claims with respect to the same physical property from the varying perspectives of the claimants involved and how this differs depending on the property. Homeless people rely on a community logic to develop rules of the game which results in the appearance of a market logic. In the absence of formal institutions effectively operating in their spaces, they have constituted social norms which provide some semblance of property rights respected intra-group.
International Journal of Urban and Regional Research (2008)
Haila, A.
Mega-projects are usually analyzed as state-led public–private partnerships and iconic architecture aiming at branding the city and attracting tourists and global investors. This article adopts a different approach, analyzing the construction of Helsinki's Kamppi mega-project in terms of the politics of property as a process of creating and distributing rights –– property rights, development rights and use rights. Although the Kamppi project did not follow ordinary planning regulations, this did not mean that there was no regulation; on the contrary, there was more than usual, but through contracts rather than planning. Regulation through contracts denied citizens any voice and negated the celebrated provision for participation in Finland's reformed planning legislation. The Kamppi contracts also show that property rights are negotiated, alienated, compensated, struggled over and constructed. Citizens protested against the demolition of historic buildings, but overlooked the series of Kamppi contracts, which limited their rights and introduced a whole new system in which use rights are connected to ownership. Finally, the long duration of the Kamppi project meant that many people also overlooked the privatization of formerly public space.
Journal of the American Planning Association (2012)
Annette M. Kim
Problem, research strategy, and findings: Around the globe, streets and sidewalks in cities are being contested as spaces that should be used for more than transportation. This article challenges our understanding of both property rights and public space by applying a property rights framework to situate sidewalk use debates. It analyzes and maps the sidewalk property regimes of Ho Chi Minh City, Vietnam, through a novel integration of surveying and ethnography. The case illuminates the feasibility of a mixed-use sidewalk that can be shared between various kinds of uses and users. A mixed-use sidewalk that is both cooperative and livable is possible if planners incorporate time into planning space in order to expand the sidewalk's flexibility and if local society can renarrate and enforce new legitimacies on the sidewalk. Takeaway for practice: Sidewalk space deserves more attention as an important public space. In our era of historic urbanization, we should reconceive sidewalks as a mixed-use space rather than an exclusively pedestrian zone. Moreover, North American planners would benefit from engaging with public space experiments happening in cities in the developing world. Research support: This research was supported by MIT's School of Architecture and Planning, Department of Urban Studies and Planning, and the Undergraduate Research Opportunities Program.
The focus of this paper is the strategies of civic actors in a central Tokyo neighborhood to claim a voice in managing changes to their community and creating shared meanings for neighborhood streets and public spaces. In Yanaka an active community movement has worked to protect and improve shared community spaces by celebrating them as a historic legacy and a shared community resource, investing new and more complex values and claims on shared spaces, and redefining public streets as civic spaces in their neighborhood. They assert the rights of community participation in managing urban change by creating a neighborhood constitution, organizing art events and festivals in the streets, engaging new participants in shared property rights, proposing new criteria for evaluating urban change, and telling stories of a strong and distinct community. Claiming ownership of the meaning and management of local public spaces is a political strategy of self empowerment by community groups that has been relatively successful in this case.
In the mid-1990s, New York City initiated what would prove to be a long, highly visible struggle involving rights claims related to property, housing, and public space in the form of community gardens. The competing discourses of rights were part of a struggle over the kind of city that New York was to become, and more specifically, whether it would be one in which difference is accepted and in which access to the city and the public realm would be guaranteed. Using interviews with participants in the conflict over community gardens, we evaluate how the resolution to the gardens crisis, which in part occurred through the privatization of what are often taken to be public or community rights to land, transform not only the legal status of the gardens but also, potentially, their role as places where different ‘publics’ can both exercise their right to the city and solidify that right in the landscape.