Urban Land Management: Equitable Distribution and Execution Systems
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Urban Execution Processes
The execution process focuses on the equitable distribution of costs and benefits, specifically regarding the acquisition of land for public networks and services. This ensures that capital gains from urban development are managed effectively, particularly in solar building implementation and urban conservation projects.
Equidistribution Principles
Equidistribution is the mechanism whereby the execution of land use ensures a fair distribution of burdens and benefits among property owners. Key principles include:
- Consistency: Land must be treated within the same class and category.
- Distribution Areas: Defined as the physical and legal space required to implement equidistribution.
- Unified Areas: The entire distribution area is treated as a single unit, serving as the benchmark for implementing action.
Standardized Distribution Units
The standard for distribution is calculated as the sum of all sectors divided by the total area (ApS = ΣAp / Total Area). Adjustments are made as follows:
- If ApS > AR: The excess is allocated to public networks.
- If ApS < AR: The municipal development authority must intervene.
Reparcelling and Property Regularization
The processing of farmland subdivision for urban development serves several purposes:
- Regularization of property.
- Equitable distribution of land.
- Location for rebuilding.
- Awarding farms to administration (transfer).
- Awarding resulting farms.
Reparcelling can be voluntary or forced. Buildable land is achieved through contributions, with allocated farms ideally located near the original plots. Any deficit or excess in allocation is compensated via monetary payment or the replacement of destroyed facilities.
Obtaining Public Networks
Public networks are acquired through free transfer, direct occupation, exchange, or forced expropriation. When land is required for urbanized networks, the administration may:
- Purchase land and provide delivery in the same area.
- Provide land in another municipality or sector.
- Provide monetary compensation.
Execution Systems
Execution units are bounded areas subject to integrated action, except where only a single unit exists or specific network runs are required. Systems include:
- Private: Compensation-based.
- Cooperation: Landowners are paid, and the administration manages construction.
- Expropriation: The administration expropriates all units, managing goods and property lists directly.
- Direct Management: The administration replaces private management.
Public Works and Eminent Domain
Ordinary public works are managed by municipalities with fewer than 5,000 inhabitants. In areas of historic interest or those with serious urban malfunctions, concerted rehabilitation programs are implemented. Eminent domain may be invoked for:
- Emergencies.
- Public land heritage.
- Breach of legal owner duties.
- Cultural value preservation.
- Obtaining land for social housing (VPO).