On the Evaluation of a State Power aimed at Preventing Urban Sprawl in Peri-Urban Areas of Chilean Cities. A Justification from Property Law
In recent years, Chilean cities have experienced urban sprawl driven mainly by numerous residential projects located in rural areas close to the urban limits. This paper aims to evaluate one of the state powers that Chilean law offers to address this phenomenon. Since the exercise of such power implies a constraint on the property rights of the rural landowner, we will approach our study from Christopher Essert’s Property Law Theory complemented with a Kantian philosophical perspective. Under this conceptual framework, we will seek to justify the attribution of the Regional Agencies of the Ministry of Housing and Urbanism to prevent constructions and subdivisions in rural areas from generating new urban centers outside urban planning.
Periurbanization, Property Law, Public Power, Sprawl, Urban Planning
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