土地经营权入股的合伙模式研究

研究目的:明确土地经营权入股合伙模式的类型并提出规制建议。研究方法:采用文献分析法和案例分析法。研究结果:(1)正确处理合伙模式与其他土地经营权流转制度的关系,注意区分合伙模式与土地经营权出租,以及合伙模式在一定程度上可以替代有限责任公司模式。(2)明确确保入股的土地经营权权利没有瑕疵是土地经营权人的法定义务,从而保障合伙能够正常从事农业经营。(3)确定土地经营权入股合伙模式的法律性质是物权流转,合伙财产属于合伙人共同共有,以便合伙人可以通过土地经营权抵押贷款,解决资金困难。研究结论:土地经营权入股的合伙模式是土地经营权入股的重要模式,不能为股份合作社模式、农民专业合作社模式、有限责任公司模式所替代。     

房价、地价与土地供应的前因后果

近年来,征地费用和拆迁费用越来越高,加大了土地取得成本,这种成本的升高,和土地出让方式是无关的。更重要的是,熟地价远远高于毛地价,由此导致的成本差异很大,对房价的影响迥然不同,不加区别地推论地价上涨对房价的影响是不科学的。就近期而言,土地供应量并没有大幅度减少。“三个暂停”以来,全国各地土地征占用数量有所减少,出现了“土地紧缩”,但是主导房地产开发的国有土地出让基本上没有受到影响,反而由于“8·31”大限,一些地区还呈现了大幅度增长的趋势。无论是协议出让还是招拍挂,都是土地市场中的资源配置方式,也可以说是一种形式。这种形式上的改革,充分体现了公开、公平、公正的原则。从对地价和房价影响的角度看,形式毕竟是形式,不会从本质上改变土地市场中最基本的供求矛盾,因而不能在根本上决定地价和房价的高低。     

我国城市用地扩展与土地集约利用

分析了我国城市用地增长弹性系数和城市用地扩展幂指数规律,发现土地利用效益偏低、扩张速度偏快是目前我国城市用地扩展的主要特征;分析了城市用地扩展的主要驱动力,发现固定资产投资和人口增长是城市扩展的主要动力,而第三产业发展有助于抑制城市用地扩张;认为城市扩展是我国现阶段经济发展的必然结果,但我国城市土地利用应变外廷扩展为外延扩展和内涵挖潜相结合的利用方式,提高土地利用的集约度与综合效益.     

以规范土地登记促进集约用地

节约集约用地是现阶段国土资源管理工作的重中之重。土地登记作为国土资源管理的一项基础性工作,为国家掌握土地动态变化提供重要的信息,同时,它又是土地用途管制制度的重要组成部分,也是国土部门的一项主要管理职能。当前,研究和探索土地登记制度改革,规范土地登记行为,加强土     

Economic evaluation of agricultural land to assess land use changes

Land-use models express the relationship between various driving forces of land-use changes and are increasingly employed in practical applications to predict possible future land uses. The relationship between the agricultural land market and land-use changes is often neglected in such models. The objective of this study is to assess the production values of agricultural land to be integrated in an operational land-use model with the aim to improve understanding of land-use changes in all 28 European Union countries. This economic evaluation of agricultural land is based on the Net Present Value (NPV) method, a method that aims at uncovering the operational production values of land rather than real estate market value. The scientific relevance of this work is the development of a comprehensive methodology for the economic evaluation of agricultural land uses in different EU countries, the integration of economic production values of land to the local suitability approach in the studied land-use model and the provision of a EU-wide database of the NPVs of agricultural land uses, including various energy crops.     

Preferences for land sales legalization and land values in Ethiopia

This study investigates attitudes towards legalizing land sales and Willingness to Accept (WTA) sales prices and compensation prices for land among smallholder households in the southern highlands of Ethiopia. Household panel data from 2007 and 2012 are used. The large majority of the sample prefers land sales to remain illegal, and the resistance to legalizing land sales increased from 2007 to 2012. While resistance against land sales was strongest among the most land poor in 2007, the relatively more land rich had become more negative towards legalizing land sales in 2012. Younger age and more education were not associated with a more positive attitude towards legalizing land sales. In the same period, perceived median real land values increased sharply but also exhibit substantial local variation with higher land values in areas with better market access. Stated minimum land sales prices increased with farm size in 2012. The substantial increase in perceived land values, high economic growth and outmigration of youth have yet to persuade the rural population in southern Ethiopia to open the land sales market.     

Impact of land tenure on land use in low-income countries

The role of land tenure in agricultural development has been a subject of intensive research, particularly within the context of land and agrarian reform. The complexity of the world's major land tenure systems is well recognized and no attempt is made here to go beyond an overview as this paper limits itself to the impact of land tenure on land use in low income situations. Present land use is determined by a host of factors, of a physical/biological and socioeconomic nature. In applying land evaluation, the question it is necessary to ask is to what extent, when and where land tenure conditions act as a considerable constraining factor impeding a more optimal use of land resources. Even in what used to be low-population density areas (such as Sub-Saharan Africa) it appears that the frontier phase is becoming exhausted and the intensification of agriculture proceeds; it becomes imperative to examine land tenure in relation to land use implications. It is shown that so far a multi-disciplinary approach has often been lacking in treating land tenure and related issues.     

Forest land value and rotation with an alternative land use

We solve Faustmann's problem when the land manager plans to switch from the current tree species to some alternative species or land use. Such situations occur when the value of the alternative increases relative to the value of the species currently in place. The paper characterizes the land value function and the optimum rotations, highlighting the differences between this non-autonomous problem and the traditional Faustmann problem. We show that, from one harvest to the next until the switch, rotations can be constant and equal to the Faustmann rotation, or increasingly higher than the Faustmann rotation, or decreasingly lower. In the last two situations, the higher the number of previous harvests of the currently planted species before the switch to the alternative use, the closer the last rotation is to the Faustmann rotation.     

武汉:以储备促进集约

武汉市存量建设用地集约利用有较大空间。根据《武汉房地产年鉴(2001)》的统计结果,通过对老城区1:10000相片平面图和1992年以来土地使用权出让地块分布图进行分析、量算,预计在2010年之前,老城区中约有27.6平方公里的存量土地可以重新开发利用。这些区域位于武汉市中心地段,集     

Reclaiming lost land

This article looks at the role land reclamation can play in increasing food output, alleviating hunger, reducing costs of food imports and creating employment. There are many problems associated with this practice, however, such as the low productivity of reclaimed land, the conflict between growth of subsistence versus cash crops, and the economic viability of schemes implemented thus far. It appears that a new definition of economic viability is necessary before assessing whether or not reclamation projects are feasible.     

Underground land values

Very often, underground land values appear to be a missing factor in land economics and planning, both at academic and practitioner level. In general, ignoring such a variable and potentially valuable resource may seriously delay any underground land policy to be undertaken. It can lead the public as well as the private sector to a short-sighted over-consumption of shallow subsurface space and under-consumption of deep underground space. Considering subsurface land values in economic studies of underground projects increases their reliability for the decision-making process. This paper shows a theoretical and empirical way to estimate underground land values, with applications.     

A multi-criteria model for land valuation in the land consolidation

Land consolidation is an effective technique in land management that contributes to sustainable rural development. Land valuation is one of the most important steps in land consolidation because it plays an important role in the reallocation process. Land valuation is also an important problem in Turkey as in many countries in the world. Because the lands will be reallocated at the end of the consolidation process, it is very important to determine the precise value of each parcel. However, the methods used in land valuation in many countries lag behind current techniques and technologies. For this reason, a new method for land valuation is needed. The purpose of this study was to develop a new model based on multi-criteria calculations that is suitable for today's technologies and addresses the weakness in the current land valuation methods. In a case study of Solak, Antalya, Turkey, we identified fourteen key land value factors. Those factors were assigned weights by the Land Valuation Committee, academic staff, engineers, and local landowners. The weights were then integrated into a framework called the Land Quality Index. The land quality index factors are the criteria for evaluating the geographical, physical, and socio-economic structure of the region. The scores for each factor on each parcel were determined using GIS software. The total score of fourteen factors was then converted to a 100-point scale, that comprised the Land Quality Index. The land value of each parcel was determined by adding the soil index to the Land Quality Index. In our study, we also created three different models to investigate how the parameters were apportioned during the land valuation. We found that, while the current method used by the government agency (General Directorate of State Hydraulic Works) classified the lands into five groups, our methods classified the lands into 17, 20, 24 groups, respectively. In addition, while the deduction rate was 4.97 % in the current method, they were 4.89 %, 4.86 % and 4.85 % in our new models, respectively. The method we proposed in this study determined land values more accurately, precisely, and fairly compared to current method used by General Directorate of State Hydraulic Works. It is suggested that our models could be used instead of the current method in the land consolidation works in Turkey.     

The assessment of land valuation in land consolidation schemes: The need for a new land valuation framework

There are principally two ways for quantifying the land value of parcels in land consolidation schemes. The first approach involves assigning an agronomic value based on soil quality and land productivity represented by a score while the second method determines the market value signified in monetary terms. In Cyprus, the market value is employed, which is defined through an empirical process based on visual inspection of all parcels and hence it constitutes a type of mass land appraisal. This process presents weaknesses regarding time, costs, transparency, accuracy, reliability, consistency and fairness. In addition, the lack of adequate sales transactions in rural areas further complicates the whole process. Consequently, these deficiencies have adverse effects in the preparation of land consolidation plans and cause arguments between landowners and the authorities carrying out each scheme. Although experts are aware of this issue, there is a lack of research investigating land valuation factors and the quality of this traditional process. Therefore, this paper discusses, explores and assesses the land valuation undertaken by the Land Valuation Committee (LVC) in a case study area in Cyprus and proposes a new framework for carrying out this process. The assessment of the current process is undertaken by employing advanced spatial analysis techniques, including multiple regression analysis (MRA) and geographically weighted regression (GWR) within a GIS. Results show that eight out of fourteen land valuation factors related to parcel location characteristics, legal factors, physical attributes and economic conditions are the most significant. In addition, although the basic regression fits are quite good, some of the assumptions required for testing the hypothesis are not met, indicating unreliability and inconsistency in the relationships modelled. Furthermore, the presence of spatial autocorrelation reveals important regional variation in these factors suggesting significant inconsistencies in the valuation policy applied by the LVC. The latter two findings confirm experts’ concerns and suggest the need for a new land valuation framework that is designed to overcome the problems of the current process. The application of this framework and the investigation of various critical relevant issues is the core of ongoing further research.     

土地利用总体规划与土地资源可持续利用

土地利用总体规划是实现土地持续利用的保障土地持续利用是以保护土地生态环境为基础,能够满足当前与未来人们的食品需求和社会经济协调、平衡发展的土地利用行为。土地可持续利用是人类社会经济发展的客观要求,没有土地的可持续利用,也就谈不上经济社会的可持续发展。而土地利用总体规划首先是土地利用和管理长期宏观控制性的规划,是充分合理利用土地的基础和依据。其次,土地利用规划在整个土地管理工作中处于“龙头”地位,是土地管理依法行政的重要内容和基本依据。土地利用总体规划的作用,概括起来说,一是协调各业用地需求,保护土地资源,…     

Exploring the evolution of land tenure and land use change in Panama: Linking land policy with development outcomes

In this paper I discuss the linkages between land use management and land use change, as well as the impacts of land use policies at the local level. Specifically, I suggest the current land tenure regime in Panama is the outcome of a path-dependent process that includes a Spanish legacy of land tenure institutions and beliefs, a policy-making process that responds to immediate or short-term development outcomes, and the broader political economic context. First, I introduce theoretical perspectives on land policy and development. These are followed by a narrative of the evolution of land tenure in Panama, in the context of develoment processes and land policies in Latin America. In the final section, with the case of lifestyle migration to Bocas del Toro, Panama, I illustrate how the pathways between land management and land use, in the context of political economic development drivers and outcomes, have significant local outcomes.     

乡镇企业用地在征地中的产权问题探讨

从土地征收的视角出发,在对乡镇企业用地产权进行辨析界定的基础上,分析乡镇企业用地的所有权、使用权和地役权等方面的问题以及导致问题的原因,并提出了解决问题的对策与建议：严格区分征地类别,实现同地同权。     

Associating land use/cover information with land parcels represented in LADM

LADM design requires the association of external land use/cover information with cadastral land parcels. In addition to model design, related specifications are to be defined in the implementation. Yet, there are many severe obstacles against defining such specifications that are applicable to all cases. In this context, there are many different types of land use/cover classification systems for different purposes in different data quality, scale and content, which are either designed internationally or nationally. FAO Land Cover Classification System (LCCS), CORINE land cover, INSPIRE land use/cover themes, land use capability classification and Land Parcel Identification System (LPIS) are common international examples.In this study, management of spatial land use/cover data in association with cadastral land parcels represented by LADM was studied in a pilot study area in Turkey. In this context, association of spatial information as sub-divisions of land parcels (sub-parcels) was studied. Different land use/cover data sets (four types) were specifically produced for this study with an LPIS like digitization method. For the association, special overlay operations with and without predefined XY tolerances were carried out. Effects of similar yet different data sets, spatial data consistency between the produced sub-parcel data sets and land parcels, and also errors were analyzed based on the results. It is found (1) that the level of detail (base production scale) of external land use/cover data set increases spatial association errors, (2) that using XY tolerances to reduce these errors causes data inconsistency and (3) that direct spatial harmonization of two data set may be a robust solution when it is possible. In this context, in order to contribute to the implementation of LADM in terms of spatial association of land parcels and external land use/cover data, together with these data processing and analysis work, LADM modelling abstraction, availability and data quality issues of external land use/cover data, updating and maintenance issues were also discussed.     

林地资源与林地资产比较研究初探

林地资源是林业生产的物质基础，随着我国市场经济体系的建立以及土地使用制度的完善，林地资源的资产特性逐渐为人们所重视，林地资源产权的评估、流转及其规范，成为当前林业发展的焦点之一；初步阐述了林地资源的基本内涵和属性，及其与林地资产的区别和联系；提出在林地资源利用过程中，既要考虑林地作为资源的特点又要考虑林地作为资产的特点，在两者发生冲突时，林地资产管理和利用应当服从林地资源管理的要求。     

农地整理对农地流转的影响探讨

农地流转是我国农村经济发展的必然选择,也是农村土地制度改革的方向;农地整理作为提高土地质量、补充耕地数量的途径之一,已经成为土地管理工作中十分重要的内容;对农地流转和农地整理进行了分析。并从土地集中程度、土地利用的经济效益、土地利用的成本和土地流转规模等方面探讨了农地整理对农地流转的影响。     

Whose land? The political economy of land titling in transitional economies

During processes of economic reform and transition, decision-makers are facing questions with potential far-reaching consequences, such as what institutions should be established, how to determine the relationship between state and market, and in what time frame and order. Against this background, this special issue has brought together four articles that analyze the type of institutional arrangements that emerge over time in relation to one of the basic means of production: land. The various contributions pay particular attention to an often-contested institutional development, the registration of land holdings. By proceeding with land titling under conditions of low socio-economic development, the state risks creating what is here termed as an “empty institution” rather than a “credible institution.” In other words, the new institution remains nothing more than a paper agreement or a hollow shell with little or even a negative effect on the actions of social actors. It is what might be called the “collective trust” in the system. As land becomes increasingly marketized and commodified, the state should ensure that the emerging land market does not result in a rapid concentration of land in the hands of a mighty few. This implies the control of market forces through the restriction or prohibition of land sales or land rental. In this context, effecting institutional change through land titling should be done with the utmost care.