澳門都市更新的法律道路

The urban renewal system involves the realization of public interests, as well as the restriction, protection and realization of private rights. Macau has a highly dense population, and public-private urban renewal legal models should be adopted to avoid falling into the theoretical dilemma of “the tragedy of the anticommons”. The specific settings of the owners’ consent threshold reflect the distribution of weight given among private interest, common interest and public interest. Under the model of public-private partnership, the principle of proportionality should be applied to reasonably distinguish the consent threshold in specific situations, and the affected owners should be given the right to participate in the planning process.