Unravelling the dynamics of access to farmland in Tigray,Ethiopia: The ‘emerging land market’ revisited

This article uses ethnographic evidence from Tigray to revisit the debate on informal rural land markets in present-day Ethiopia. It explores informal farmland rental from a historico-anthropological, micro-analytical perspective in relation to the formal allocation of land use rights and to other informal land transfer practices. It shows how different rationales for land rental give rise to different socially embedded tenancy configurations. On the basis of this empirical evidence, the paper questions the appropriateness of the common idea that in Ethiopia ‘the land rental market is expanding’. It argues that research and policy thinking on land in Ethiopia could gain analytical power and relevance by adopting a less monolithic and abstract view on people's informal land transfer practices.     

Understanding property market operations from a dual institutional perspective: The case of Lagos,Nigeria

This paper examines the Nigeria Land Use Act and considers how provisions of the Act inform and influence traditional landholding systems, the operation of the commercial real estate market, and the activities of the “omo-onile.” The research adopts a qualitative strategy and combines analysis of legal statute with in-depth, semi-structured interviews with market participants active in different capacities within the land and property markets of Lagos, Nigeria.The paper identifies a number of inconsistencies in the provisions of the Act and concludes that the recognition given to the traditional landholding system by the Act has not been effective in tackling informality and illegality in Lagos land and property markets.The paper provides insight into how informal institutions of norms, culture, and conventions of a real estate market characterize property ownership and affect transaction processes. This study shows how informal institutions may be used to circumvent formal institutions of a market when formal rights to property are poorly delineated and assigned. In these conditions market actors will incur higher transaction costs in the process of policing transactions and enforcing contractual agreements.     

Planning for social inclusion: The impact of socioeconomic inequities on the informal development of farmland in suburban Beijing

Informal development on farmland is not only a major problem facing thousands of people, but also a major challenge to land use planning. In the rapidly growing literature on informal land development in China, most authors claim that ambiguous property rights and the dual land tenure system are the primary factors involved. As a result, existing state-led land use planning responses to informal development are solely focused on strengthening the legal regulation of land development. This paper challenges this approach, on the basis of the theory of urban informality. By examining many illegal gated communities in suburban Beijing, the paper argues that the informal development of farmland on the urban fringe is the result of local grassroots groups spontaneously responding to socioeconomic inequities in the context of transition to a market economy. These inequities mainly concern distributive inequity, procedural inequity and contextual inequity in relation to land use. It appears that the ongoing market-oriented initiatives of the state government could worsen informal land development unless these socioeconomic inequalities at the local level are tackled. The growing civil society is another change to the state's control of informal land development in China's cities. A new land use planning system which has more concern for social inclusion rather than focusing on centralized control is imperative in China.     

Pastoralism within land administration in Kenya—The missing link

In land administration (LA), the right to exercising property/ownership rights on land is based on cadastral processes of adjudication, survey and rights registration. Private ownership rights are now being taken up in pastoral areas, where they must contend with pastoralists’ land rights. Pastoral land use requires seasonal migrations determined by climatic conditions. This study aimed to find out how well the existing land laws and property rights in LA are able to serve the requirements of pastoralists land use, identify mismatches and put forward possible solutions. A case study was carried out in the Samburu–Laikipia–Isiolo–Meru landscape in Kenya. Data on the degree of livestock dependency among pastoralist communities, the spatial extent and patterns of dry season migrations, the resulting encounters between herders’ and non-pastoralist land use actors, and the perceptions of land rights held by actors were collected through a variety of methods and analysed. The results show that pastoralism is still active. The migration corridors reveal that herders maintain extensive dry season mobility, even though some of the corridors currently overlap with areas where land is privately owned by non-pastoralist land use actors. Moreover, the results show that most non-pastoralist land use actors have their land rights registered, but seasonal encounters with migrating pastoralists persist as pastoralists continue to exercise customary rights of communal use. We conclude that existing land laws and property rights in LA are suitable for sedentary land use, but do not address how to serve pastoralists land rights in time and space. The pastoralist's migration routes and patterns obtained indicated that it is possible to predict where pastoralists will be at a given time/drought period. This information could be used by decision makers and land administrators to identify where and when pastoralists’ land rights apply. This could provide the foundation for including pastoralists’ spatiotemporal land rights in LA. Arguments emphasize that adjudication, surveys and registration of rights should focus not only on ownership and full control of land, but also on defined periods when spatiotemporal mobility and access rights could be granted to pastoralists.     

Redefining property rights over collective land in the urban redevelopment of Shenzhen,China

Urban development in China is based on two types of land ownership, namely, state land owned by states and collective land owned by village collectives. Legally speaking, urban development must be based on state land. In practice, informal development based on collective land has played important roles in the rapid urbanization process over the past decades. Nonetheless, the vague property rights over collective land have led to inferior and suboptimal development outcomes in expansive urban areas. The redevelopment of collective land has become an important means to sustain urban development in an ongoing urbanization process. By adopting theoretical perspectives from New Institutional Economics, this study presents an integrated conceptual framework on the institutional arrangements of land property rights and transaction costs to understand the changes in land policies and their institutional implications for the redevelopment of collective land in Shenzhen, China. The findings reveal that the new policies have redefined the relationship among the government, village collectives, and real estate developers as well as their property rights over collective land. The change of institutional arrangements in land property rights has significantly reduced the transaction costs in the redevelopment process and effectively promoted land redevelopment activities.     

Climate resilient urban development: Why responsible land governance is important

In less-developed countries, the major global pressures of rapid urbanization and climate change are resulting in increased vulnerability for urban dwellers. Much of the climate impact is concentrated in urban and coastal areas, as urban development spreads into areas that are hazard-prone. Often this development is dominated by poor quality homes in informal settlements or slums on informal or illegally occupied or subdivided land.Urban development needs to be more climate-resilient to meet the post millennium development goals (MDGs) agenda. One of the elements in achieving climate-resilient urban development is the degree to which climate change adaptation and risk management are mainstreamed into two major elements of land governance, viz. securing and safeguarding of land rights, and planning and control of land-use.This paper proposes ways in which the growth of human settlements can be better managed through responsible governance of land tenure rights, and effective land-use planning to reduce vulnerability, provide adequate access to safe land and shelter, and improve environmental sustainability.     

Understanding value changes in the urban development process and the impact of municipal planning

An urban development process causes spatial changes and changes of associated property rights, and, as a consequence, the value of the property will change as well. This linkage between spatial changes, changes of associated property rights and property values represents an important element in understanding how property values change during the urban development process and the role of municipal planning as a value changing factor in the urban development process. The objective of this paper is to analyse how property values change throughout the urban development process, and further, to discuss the explanations for these changes by comprising the impact of municipal land-use planning. This paper presents a conceptual model showing how property values in urban development areas change during the urban development process and information about the extent to which value increases. The model is directed towards countries with a regulated land use, exemplified by Denmark.     

Patterns of revenue distribution in rural residential land consolidation in contemporary China: The perspective of property rights delineation

Rural residential land consolidation (RRLC) in contemporary China refers to activities related to the replanning and reallocation of rural residential land to construct new rural residences, to increase land-use efficiency and to improve rural amenities in the context of rural revitalization. The objective of this study is to elucidate the patterns of revenue distribution in RRLC by addressing the following questions. Given incomplete and ambiguous formal rules in China, how can rural land property rights be delineated to distribute and coordinate interests among stakeholders in RRLC? Furthermore, what are the factors that determine the delineation of rural land property rights to distribute land revenue? A theoretical framework for the delineation of rural land property rights is developed from the perspectives of the institutional environment, governance and resource allocation. A comparative analysis of two typical cases of RRLC in contemporary China is conducted to support the research hypotheses. This study finds that bargaining power is the fundamental determinant of delineating rural land property rights to distribute revenue in RRLC. Furthermore, intergovernmental competition motivates the local government to fully deploy strong bargaining power, while concerns about social stability provide some constraints. A strong capability for collective action reinforces the bargaining power of rural households. This study provides new insights into the delineation of rural land property rights and subsequent revenue distribution based on distinctive institutional settings and RRLC in China, enriching the theoretical and empirical findings in the property rights school. Policy recommendations on revenue sharing of RRLC are proposed accordingly.     

Renewal of land-use term for urbanization in China: Sword of Damocles or Noah’s Ark?

Since early 2016, the expiration of a part of the land-use rights in China has elicited widespread public concern because of the ambiguous interpretation of relevant legal clauses. Land-finance-based urbanization is the primary fiscal source of Chinese local governments, but it has been considered unsustainable by many scholars. Numerous studies have been conducted on these two issues, but a comprehensive study that combines both issues is needed. This study attempts to analyze the relations between the two concepts from the perspective of demographic change in the following decades. It proposes a compensatory mechanism based on land-use term and property tax to deal with the renewal of land-use term and the unsustainability caused by land finance. Results provide an alternative approach for the local government to realize sustainable urbanization in the future.     

Informal settlements’ needs and environmental conservation in Mexico City: An unsolved challenge for land-use policy

The aim of this article is to analyze the effectiveness of land-use policy in Mexico City in controlling the expansion of informal human settlements in peri-urban zones of high ecological value. It is argued that Mexico City's land-use policy has been reactive and internally inconsistent, failing to take informal settlements into account, has not offered the poor access to housing with adequate services and greater security in terms of land tenure, and lacks the necessary financial resources and institutional capabilities for providing solutions to these problems. Through a case study of informal settlement management policy in the Tlalpan Delegation,¹ applied in what has been termed SC or “Conservation Land,”² we conclude that local government exhibits an inability to confront the new challenge of urban sustainability, that it resorts to conventional solutions which give rise to contradictory situations where political decision-making prevails over ecological considerations, so land-use policy is permissive and does not halt informal urban expansion in areas of high environmental value.     

The interrelations of land ownership,soil protection and privileges of capital in the aspect of land take

The novelty of this study lies in the analyses of legislation concerning land use policies by examining the specific boundary between land ownership and land take. The basic motive was that the European Commission (EC) withdrew the Soil Framework Directive (SFD) in 2014 following the objections of certain Member States (MS) who countered that as most lands are privately owned, they should not fall under the remit of public governance. Since the withdrawal of the SFD land take is an issue receiving more attention. The legal content of ownership rights has been subjected to constant debate in the context of land-use policies and planning practices, which raises the questions of who decides how the land can be used and whether administrative authorities give priority to non-agricultural uses. Our study seeks to explore these issues through the lens of property law by comparing different legislations on access to land on three levels of policy implementation: the EU, the national, and the local levels. MS legislations are highlighted through the example of Hungary in two aspects: (1) regulation regarding Access to Land and Land Ownership Rights (ALOR), and (2) legislation and results of the LANDSUPPORT decision support system concerning Land Take Changes (LTC). We designed figures to demonstrate how policymakers can use the new LANDSUPPORT platform to show the gaps and inconsistencies among the above aspects. We found that the legislative regulations concerning private land use to achieve soil protection objectives remain the weakest link in the environmental protection legislation of the EU. Anxieties concerning built-in legal guarantees on each of the studied levels actualise our research. Currently, global land management is not on the political table although common European legislation might be able to preserve land for agricultural use.     

How has Oregon's land use planning system affected property values?

Oregon's landmark land use planning system has been criticized for imposing large negative effects on landowners’ property values, although evidence to support these claims has been lacking. This paper examines longitudinal data for undeveloped parcels since before adoption of the planning system. The sample includes parcels under different land use regulations, and it compares Oregon to Washington. The results indicate generally that property values have increased at similar rates both inside and outside urban growth boundaries, and across parcels zoned for different uses and across state lines. The results are consistent both with theory and with other studies indicating land use regulations can have positive, neutral or negative effects.     

Large-scale agricultural investments under poor land governance in Zambia

This paper looks at how large-scale land acquisitions made by foreign investors in Zambia are implemented. It scrutinizes both the steps that an investor has to go through in order to attain land within the Zambian land governance system as well as the actors shaping the acquisition process.As the most important formal change introduced to the Zambian land governance system, the Lands Act 1995 paved the way for foreign investments in land. The new actor “investor” on the other hand has emerged as a result of rising prices for food and non-food commodities. The study finds that the enforcement of formal rules in the process of acquiring land is currently weak and largely determined by a number of actors: while investors, local authorities and government officials have strong leverage, local land users are excluded from the process. If the process of transformations of customary land into state land continues, land administration will be inevitably shifted toward statutory jurisdiction. As a result, local chiefs will lose their discretionary power thereby further marginalizing local land users. As it stands, welfare implications are chiefly down to the individual actors. However, it is only the government that can issue a guarantee that local land users will also benefit from land acquisition.     

Delineation of property rights as institutional foundations for urban land markets in transition

This paper aims to critically reflect on establishing the new frameworks for land markets and urban land development processes in countries in transition. Based on the doctrine of the so-called ‘property rights’ school, land and property ownership has long been identified as a prerequisite for economic development. The common advice to countries in transition creating new frameworks for land markets was to assign and register property rights. The aim of this paper is to discuss the significance of the delineation of property rights, which for urban land development processes and outcomes falls mainly within the remit of land use regulations. In this paper the concept of property rights regime and its characteristics is developed in order to discuss the delineation of property rights and their relationship with urban land development process and its outcome. Process of land development is conceptualized depending on land ownership (private or public), and the role of the owner in the planning process. The outcome is discussed based on the morphological results and the provision of urban infrastructure. On the basis of empirical experience from transition period in Poland it is argued that the emphasis on private property rights in the absence of the institutional foundations of urban land market under capitalism was bound to produce urban problems. First, the new institutional foundation for urban land market was introduced subsequent to dynamic of emerging real estate market, and viable markets existed despite unsolved question of restitution of property rights. Second, the subsequent delineation of property rights is clearly linked to processes of urban land development, which follow the line of development without planning. It can also be related to the morphological results of urban development like the haphazard location of investments and lack of adequate approach to deal with the provision of urban infrastructure.     

Impact of formalisation of property rights in informal settlements: Evidence from Dar es Salaam city

This paper aims to study the responsiveness of the informal property market and management systems towards the introduction of land registration for informal settlements in Tanzania. City governments are increasingly recognising the need to strengthen legal rights for the urban poor as a means to bring them more effectively into the urban economy and ensure better provision of water, sanitation and other primary services. The research focuses on Tanzania and in particular two case studies within Dar es Salaam. The findings of the work suggest that the introduction of residential licenses whilst potentially assisting in creating legal certainty has not resulted in the financial sector accepting them as full security against loans. Accessing credit by the poor however has not yet been fully realised resulting in some further hurdles for the financial sector to overcome. Finally, and of some significance is the registration of property in the informal settlements has provided the opportunity of formal property transactions within these settlements.     

Property rights and housing prices: An empirical study of small property rights housing in Shenzhen,China

Small Property Rights Housing (SPRH) is an important part of informal housing in China. SPRH is defined as housing developed with collective land ownership that is then sold to outside homebuyers such as non-indigenous villagers. This housing practice is legally forbidden and comes without formal titles. SPRH is popular in big Chinese cities where formal housing prices are constantly rising and increasingly unaffordable for many urban residents. However, research on SPRH is rare. Therefore, this study aims to investigate the effects (or the lack thereof) of de-jure property rights on housing prices by using the empirical case of Shenzhen where SPRH and FPRH estates constitute the main sources of urban housing for its residents. We collected both SPRH and formal Full Property Right Housing (FPRH) data in the Shenzhen housing market and adopted the Boundary Fixed Effect method and matching strategy to mitigate the bias caused by unobservable location and neighborhood factors. This empirical study shows that the lack of de-jure property rights has negative and significant effects on housing prices. The average housing price for SPRH apartments is, ceteris paribus, 52.82% lower than for formal FPRH apartments. Also, the premium of property rights varies across two administrative regions with different locations and economic environments, and the premium decreases as the age of the building increases.     

Land governance as a precondition for decreasing deforestation in the Brazilian Amazon

This paper’s aim is to show that improvements in land governance in Brazil, and particularly in the Amazon region, have been the main pre-condition enabling reductions in deforestation of the Amazon rainforest. Deforestation occurs primarily where property rights are not clearly established, and occurs mostly on land directly or indirectly under state responsibility. This paper also shows that land speculation plays an important role in deforestation. Based on these findings, it is evident that Brazil must improve its land governance in order to decrease rates of deforestation. The Brazilian government has adopted important new efforts to improve land administration, including improvements in the registration process and the Terra Legal program, which are addressing public land problems across large areas of the Amazon. The concluding section highlights how efforts to reduce deforestation will only be possible through more efficient land governance, especially in the Amazon region, and discusses the important role that participatory land governance may play in improving land use and land ownership through application of land taxes.     

Land grabbing: A review of extent and possible consequences in Romania

Land grabbing represents a fundamental problem in the transitional and post-transitional economies. The transfer of land property rights impose a dramatically change of agricultural production structure, including affecting the food safety and security. The main aim of this article is the analysis of the possible effects and transformation imposed by the transfer of land property in a post-transitional agricultural economy and to identify possible solution in valuing the lands as main production factors. Also in the study are taking into consideration the effects of Common Agricultural Policy financing mechanism in supporting land transfers.     

3D cadastres for densely occupied informal situations: Necessity and possibility

Much of 3D cadastre research and development targets high valued urban land, including condominiums, apartment buildings, and office complexes. The value of the land and the economic activity generated from transactions in this urban space potentially support the cost and time spent on establishing and maintaining a 3D cadastre. Methods for data acquisition and for construction and maintenance of the 3D cadastre are also simpler in the regular and formally planned and surveyed structures of the high value urban environment. Low-income, urban areas of informal tenure and informal development, however, also need and can benefit from a land administration system supported by a 3D cadastre but are neglected in the 3D cadastre research. Mechanisms are required for quick and cost effective construction of a 3D cadastre in this type of area to support land management and regularisation procedures, and to provide security of tenure. Light Detection and Ranging (LiDAR) is one technology that may be examined to differentiate structures in densely occupied environments where limited information and limited resources must be able to be used for managing the land and also protecting informal rights.This paper initially posits the need for 3D cadastres in low-income but densely structured urban settlements. It then tests the ability of an existing LiDAR dataset together with orthoimagery, derived to be low cost so therefore having limited specifications, for capturing sufficient definition of 3D occupation in the low-income, densely structured case study area of Laventille in Trinidad and Tobago.The difficulties of manually or automatically discriminating between close and overlapping structures and boundaries are highlighted and it is found that there is still a need for adjudication and verification of boundaries on the ground, even when physical features can be discerned from the software.