Private green areas in urban planning: The risk of regulatoryw expropriation and/or misuse of power

Abstract

This article addresses the establishment of privately owned green areas, specifically on privately owned properties, within the framework of urban planning tools. For this purpose, the proposals for private green areas contained in the target image created and proposed as part of the current modification process of the municipal zoning plan currently being carried out by the Municipality of Lo Barnechea are analyzed. This analysis covers the proposals themselves, the rationale and motivation provided by the municipality for them, the regulation of such areas in our legal framework, and the regulations that would apply to the new proposed green areas if they were ultimately established in the municipal zoning plan of Lo Barnechea. In a subsequent stage in the work, the concept of regulatory takings and its treatment in Chilean law are addressed. Finally, the impact on the rights of property owners resulting from the establishment of such areas is analyzed, as they could potentially constitute regulatory takings and/or abuse of power.