Problems and new trends of land ownership and tenure ( ppt for cau 11 j une 2010)
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Transcript of Problems and new trends of land ownership and tenure ( ppt for cau 11 j une 2010)
Problems and New Trends of Land Ownership and Tenure
Across theWorld
An Analysis from a Multidisciplinary Perspective
Jim Riddell
Private Property: Magic answer?
• “Dead Capital”• All OECD “rich”
countries have it.• Associated with ideas
of “freedom”, etc.– One corner of the
world– Social history and rise
of cities
• Applicable everywhere?
Source:bkmarcor.com 2000
The same or different paths?
• Same goal, which route – Knowing who has the rights
to how much, for how long and for which purposes
– Environment: Range as common property resource, fishing, wood lots, irrigation As pooled resources
– Current economic situation• What new uses of rural
space is available
• Sequencing
Source: Travel China.com
Source: china.org.cn
Whose problem are we solving?
• Identifying constraints
• What do those with the problem propose?
• Targeting our technical knowledge
• One size seldom fits all
Land market or investment
• Do we really want an active rural land market?
• Stable, productive rural sector
• Does new investment strengthen security or weaken it?
Why do we create land rights?
• Three main reasons1. Transactions: new crops, new uses
2. Transactions: new technology
3. Transactions: Rural living improvement
• Who uses the data on your rights?• Banks• Insurance• Planners/local government
Security of tenure
• Who defines rights?
• More than passing a law– Institutional framework– Capacity
• Who does the protecting?– Institutional responsibility– Capacity
Rights for what purpose?
• How do we want the land used?– Land consolidation
– Village re-organization• Does everybody want to do
the same thing?• Gender• Housing v. production land
• Investment potential– Farmer led
– Expert led
– Market led
Source: FAO
Land Tenure Transactions
• What is “owned”– What rights do you have?
• Partial interests: The dimensions– Area: easement, prescriptive and proscriptive uses,
pooled resources– Time: sell, lease, use, seasonal, temporary
» Thirty years or how long? (market in remainders)– Share: condominium, corporate, common, pooled– Depth/height: trees, orchards, vines, solar, wind, wells,
minerals, storage, utilities,
• Sticks in a bundle
Partial Interests in Land:The “Bundle of Rights”
• Development rights• Soil right• Air rights• Water rights• Mineral rights• Tree right• Fructus rights• Usus rights• Animals
• Residual• Seasonal• Easements:
– Conservation– Right of way
• Recreation• Wind/Solar• Residual rights • Yet to be discovered
Source: property Appraisal News
Partial interests normally reserved by society
• Taxation• Police Power• Emergency uses (flood,
fire, etc)• Eminent Domain
– Prescriptive & Proscriptive uses
• Setbacks, sidewalks, fire lanes
• Zoning, etc. • Building permits, etc.
– TDR – PDR
• Coasts and waterways
Rights: how do we use them
• Must be used to be of value
• “If you sit on your rights you are likely to lose them.”
• Examples from the Philippines and Romania
Land Policy
• Land policy deals with the rights that we put into each person’s bundle
• What uses do we want to – encourage/discourage
• Market• Planning• Environmental• Social/cultural
Source: Jornal o Expresso
Land Policy is Expensive: high administrative costs
• Increasing number of players• Increasing demand for government action• Use constraints• Increase in the number of sticks in the
bundle• Asymmetrical power, information, etc• Centralized / decentralized
Keeping them on the farm
• Many countries have tried– Vote with feet– Egypt: guaranteed income
for degree holding farm families
– Malaysia: larger industrial farms
• “Red Line” of 1.8b mu– Food security– Household registration
system
• Distortion of land values– Consignment to poverty?
Egypt: land reclamation village
FEDERAL LAND DEVELOPMENT AUTHORITY (FELDA): Malaysia
Preserving Agricultural land
• Holland, Sweden, etc.– Mandated planning– Strict land use controls– Compulsory purchase
agricultural value
• Problems with zoning– Prone to abuse in
variances, bribery, etc.– Easy to change– Expensive to enforce
Village renewal in Germany. Juhnde
Land Reclamation: Creating new rights
Source: holland.com
Brownfield Redevelopment
Source: Iowa DNR
Rethinking a Rural FutureWho wants to be a farmer?
1. Access to Information and research
2. Public environment that encourages entrepreneurial activities
3. Existence of a critical mass of SMEs
4. Networks for the exchange of experience and know-how
5. Infrastructure and geographical isolation, real or perceived.
Sequence
• LIS (what is where, where is what)
• Systematic adjudication/Survey
• Land Use Plan (local)• Land use
framework/zoning• Land consolidation
and reorganization
• Infrastructure• Cadastre (physical
description)• Registration (description
of rights)• Land
reclamation/conservation• New planning and
investment• New kinds of rights?