Land · 2025 · 26 citations · 22 references
Legal GeographyEuropean LawEnvironmental LawSmart CityUrban DevelopmentLawSustainable Land UseComparative Public LawEnvironmental PlanningTechnology LawSocial SciencesUrban Land UseLegal AssessmentLegal EasementsProperty RightsSmart City GovernanceUrban ApplicationLand Use PlanningPublic PolicySustainable CitiesUrban PlanningProperty RelationUrban GeographyComparative LawInfrastructure DevelopmentEnergy LawLegal StylePlanning Law
Legal easements, though rarely discussed, are property restrictions arising from law that create space for smart city development independent of owner disagreement. This study aims to analyze legal easements and evaluate their role in sustainable land use and infrastructure development in smart cities, testing the hypothesis that they promote renewable energy, eco‑mobility, and green infrastructure without compromising property rights. The authors employ legal analysis, comparative, synthesis, deduction, and historical interpretation methods to examine and compare current easement legislation and its application in urban space management. The research finds that while easements face legal limitations, their effective implementation can optimize space, regulate public service access, protect natural resources, and enhance urban quality of life, thereby supporting sustainable urbanism.
The issue of legal easements is a relatively rarely discussed topic among the professional public, and yet, even today, legal easements create space for the development of smart cities. Legal easements are restrictions on property rights that arise directly from the law, which means that the possible disagreement of the owner of the property concerned is irrelevant. The aim of this scientific study is to provide, based on a study of legislation, case law, and professional and scientific articles, sufficient information on this legal institution, which has its basis in the Civil Code. The scientific study also examines in detail the issue of legal easements and their role in the context of sustainable land use and infrastructure development in smart cities. In the study, we test the stated hypothesis that “Legal easements, as a legal instrument, effectively promote sustainable land use and infrastructure development in smart cities by enabling the integration of renewable energy, eco-mobility and green infrastructure without negatively impacting property rights, thus contributing to reducing conflicts between private property and public interest”. We use a number of scientific methods of research to analyse the current legal situation and the possibilities for the application of legal easements in the context of smart cities, including legal analysis, the comparative method, the method of synthesis, deduction, and historical interpretation. In particular, the methods in question were used to examine, historically describe and compare the current legislation on easements and their use in the management of urban space and infrastructure. The main results of the research include a detailed overview of the current legal status of easements and their limitations, which affect the possibilities of their application in the conditions of smart cities. The results suggest that if easements are effectively implemented they can make a significant contribution to optimising space, regulating access to public services, and protecting natural resources. This tool has the potential to enhance the quality of life in cities and promote sustainable urbanism through adaptive planning and management of urban space.
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Energy and Sustainable Development in Smart Cities: An Overview
Mohamed G Moh Almihat, Mohamed Tariq Kahn, Khaled M. Abo–Al–Ez et al. · Smart Cities · 2022 · 93 citations · Full text