Initial 3D cadastre registration by cadastral resurvey in the Republic of Croatia

2D Land cadastre on the present territory of the Republic of Croatia has been continuously developed in the last 200 years. Throughout the years, survey methods, needs and purposes of cadastre have changed. This resulted in a variety of cadastral data with different accuracy and completeness. Today, we can collect an enormous amount of data and the need for cadastral data has never been greater. We need to find feasible solutions to make the initial acquisition of 3D cadastral data which would satisfy the needs of stakeholders involved in Land Administration System (LAS).This paper will present a historical background of the cadastral data acquisition which would help to understand circumstances on how this variety of available cadastral data has been produced and the data available nowadays. Based on the historical overview and the overview of the current state, we will upgrade the data model of a LAS used in Croatia to support the implementation of a 3D cadastre. The model will include its static components but also proposed improvements of cadastral resurvey related processes. The Land Administration Domain Model (LADM), which in 2012 became the ISO 19,152 standard, will be used as the formal basis.This paper offers a proposal for cadastral resurvey improvements, better registration of public rights and registration of separate parts of real properties. It will identify and explore critical points and make recommendations to bring Real Property Cadastre closer to a real 3D register.     

3 Dimensional data research for property valuation in the context of the LADM Valuation Information Model

Property valuation is a process that promotes sustainable development as it supports and forms several land management activities. Access to information on the legal, geometric, physical, locational and environmental characteristics of property units together with the economic indicators are required for an effective property valuation system. Traditional cadastral systems generally provide only two-dimensional (2D) legal and geometric information about property units, however, today’s valuation practices would benefit significantly from three-dimensional (3D) information in order better to estimate and explain values of property units. The purpose of this paper is to examine how 3D spatial datasets and spatial analyses have been used in property valuation, and to develop 3D valuation unit profile(s) in line with the examination results for the recently proposed Valuation Information Model that extends the ISO 19152:2012 Land Administration Domain Model (LADM) from the valuation point of view. The study focuses more on 3D locational and environmental characteristics of property units; particularly visibility and especially viewshed analysis in terms of property valuation. By using open topography, building and height datasets of the Netherlands, a number of viewshed analyses are conducted to show how it can be utilized using different 3D data sources. The main contribution of the article is to present how 3D datasets and spatial analyses could be used to support property valuation activities and to investigate to what extent it is possible and meaningful to include derived 3D characteristics of property units in valuation registries.     

Towards integration of 3D legal and physical objects in cadastral data models

Digital 3D cadastres are often envisaged as the visualisation of 3D property rights (legal objects) and to some extent, their physical counterparts (physical objects) such as buildings and utility networks on, above and under the surface. They facilitate registration and management of 3D properties and reduction of boundary disputes. They also enable a wide variety of applications that in turn identify detailed and integrated 3D legal and physical objects for property management and city space management (3D land use management).Efficient delivery and implementation of these applications require many elements to support a digital 3D cadastre, such as existing 3D property registration laws, appropriate 3D data acquisition methods, 3D spatial database management systems, and functional 3D visualisation platforms. In addition, an appropriate 3D cadastral data model can also play a key role to ensure successful development of the 3D cadastre.A 3D cadastral data model needs to reflect the complexity and interrelations of 3D legal objects and their physical counterparts. Many jurisdictions have defined their own cadastral data models for legal purposes and have neglected the third dimension, integration of physical counterparts and semantic aspects.To address these problems, this paper aims to investigate why existing cadastral data models do not facilitate effective representation and analysis of 3D data, integration of 3D legal objects with their physical counterparts, and semantics. Then, a 3D cadastral data model (3DCDM) is proposed as a solution to improve the current cadastral data models. The data model is developed based on the ISO standards. UML modelling language is used to specify the data model. The results of this research can be used by cadastral data modellers to improve existing or develop new cadastral data models to support the requirements of 3D cadastres.     

浅谈我国水权的物权化问题

论述水权的物权化所体现出来的积极作用,分析国内外水权制度,指出我国水权的物权化面临的问题:①水权缺乏系统的法律规定;②水权不能转让;③水权物权化的局限性。从分析水权的物权化所体现出来的积极作用入手,针对我国水权的物权化存在问题,提出解决此问题的建议:将水权纳入水法予以调整,明确水权的具体内容,建立规范的水资源市场,建立完善的水价体制,完善水资源相关立法。     

我国渔业知识产权存在的问题与对策研究

本文首先提出了渔业知识产权的概念、分类,并分析了渔业知识产权的意义,然后指出我国渔业知识产权的现状不容乐观,数量偏少,质量不高,一些渔业知识产权还被外国主体拥有。为改变这种局面,促进渔业的转型升级与良性发展,我国渔业应当贯彻实施国家知识产权战略,大力发展渔业知识产权。应采取的措施包括促进渔业知识产权的创造和运用,加强渔业知识产权的保护,加强渔业知识产权管理。     

论中国地下空间权利登记制度的建立

研究目的:为保障地下空间合理利用,探讨中国地下空间权的确权登记现状及问题,并提出建议。研究方法:归纳演绎法,定性研究法。研究结果:(1)随着《物权法》的颁布实施,中国地下空间权利性质得以确定,本文从制度完善的角度出发,研究其权利登记制度具有十分重要的现实意义和参考价值。(2)中国地下空间权利登记各地情况不一,全国范围内的地下空间权利登记制度尚待建立。研究结论:加快确立地下空间权利登记制度,完善不动产登记制度,推进物权管理。     

试论中国森林资源产权安排的理想模式

森林资源概念向森林资源资产概念的演进是可持续发展的客观要求,是人与自然关系逐渐从单纯索取向相互依存转变的实际表现。本文运用经济学的原理阐述了国有森林资源产权制度改革的必要性,提出了国有森林资源产权制度的特点和改革应坚持的基本原则;在分析我国森林资源产权现状的基础上,借鉴国外经验,提出了我国森林资源产权的理想模式。     

论我国水权制度的调适与创新

探讨我国水资源短缺和浪费现象同时存在的原因,进一步用博弈理论来分析我国水资源保护实践中还存在的“政府失灵”和“市场失灵”问题。合理的水权设置对水资源保护具有很强的激励作用,如果在水权明晰的情况下,通过水权交易,保护水资源的行为会得到补偿,而不保护(如污染、浪费)水资源的行为则需要付出代价。因此,博弈参与方都会采取保护水资源的行为,这是该博弈的唯一的纳什均衡。由于我国水权制度的不完善,我国在水资源保护方面既存在“市场失灵”问题也存在“政府失灵”问题。我国应采取诱致型方式,以水权主体人格化为目标,以完善水权结构为基础工作,以水权初始分配为重点,以水权市场建设为依托,进行水权制度调适与创新。     

The impact of farmland property rights security on the farmland investment in rural China

This paper aims to estimate the effect of the security of farmland property rights on land-attached and long-term investment. Based on the data from a nationally representative sample with 5887 plots of 1175 households among 5 provinces in rural China, we adopt Probit, Ordinary Least Squares / Tobit, and the household fixed effect methods to yield the consistent results. The results show that the security of farmland property rights have significant and positive effects on the possibility and amount of the overall farmland investment. However, it has different effects on the different types of investments. The share of farmland retained significantly affects the investments in soil quality improvement and changing use of the plots but does not affect the investment in water conservancy facilities. The types of farmland property rights affect investments in water conservancy facilities and changing use of plots, but do not affect investment in soil quality improvement. The findings imply that the Chinese government should be the principal investor in water conservancy facilities and enlarge the operational scale of farmland by facilitating farmland transfer to increase private investment.     

中华民国时期黄河流域水权制度述评

通过对民国时期水权制度的述评,了解民国时期水权制度的特点及其产生原因,对我国当代水权制度的完善具有借鉴意义。民国时期实行水资源公有制,水权界定十分清晰,水权制度和水行政管理法规比较完善,灌区水资源管理实行的政府统一领导下的专业管理和群众管理相结合的原则十分有特色。这些有特色的水权制度是继承和借鉴的结果。     

Development of 3D underground cadastral data model in Korea: Based on land administration domain model

Underground space is being considered as a sustainable development resource, especially in heavily urbanized areas such as Seoul, in Korea. However, regarding 3D underground property, uncertainties and gaps exist between cadastral system and real property registration system. In Korea, cadastral system is able to deal with only 2D surface parcel, on the contrary, real property registration system is able to register and manage legal status of 3D underground properties. The mismatch between these two systems causes various types of problems for underground properties such as a vertical boundary disputes between aboveground and underground ownerships, administrative confusion and dual-compensation problems for new underground construction, reconstruction and haphazard development for underground space due to the lack of systematic registration procedure. In order to overcome these problems, this research proposes a 3D underground cadastral data model, which is associated and integrated with classes in ISO 19152 Land Administration Domain Model (LADM) developed by the Technical Committee 211 of the International Organization for Standardization. The proposed 3D underground cadastral data model comprises two packages: 3D underground parcel package, and 3D underground surveying and mapping package. It would support a better service for land administration by providing reliable and accurate spatial information on 3D underground property. In order to validate the proposed 3D underground cadastral data model, the prototype is developed and implemented in real-world situation for the first time. The proposed 3D underground cadastral data model can register various types of 3D underground properties including architectures such as shopping mall, public walkway, parking lot, and etc., and civil infrastructures such as subway, road, water supply, sewage, common utility tunnel, and etc. The results show that the proposed 3D underground cadastral data model could be applicable for other information system such as land valuation and taxation system, urban planning system, construction and facility management system.     

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.     

Deprived land-use intensification in shifting cultivation: the population pressure hypothesis revisited

This article provides a theoretical framework, based on optimal control theory, to analyze farm households' land‐use intensification decisions in forest‐based shifting cultivation (slash‐and‐burn) agroecosystems. The main results from the analysis generally coincide with the “Population Pressure Hypothesis” (PPH) as an important driver of soil degradation due to the so‐called “fallow crisis” or “deprived land‐use intensification” in shifting cultivation. However, the model also shows, from a supply perspective, that such a vicious circle of lower yields and greater forest land clearing may be avoided when the production elasticity of on‐farm labor outweighs the elasticity of substitution between farm labor and soil fertility. Furthermore, using data from shifting cultivating households from Yucatán, Mexico, we calibrate the effect of changes in population density. The numerical analysis suggests that by contrast to better‐off households, when population density increases, poorer shifting cultivating households' optimal labor allocation strategy is to further extensify land use by clearing more forest in the village common property land, or ejido land.     

The social cost of labor in rural development: job creation benefits re-examined

Job creation effects are examined as they would apply to social analysis of rural development programming by public or private sector agencies. A synthesis and critique are provided of approaches to valuing the social opportunity cost of labor. These approaches vary according to whether or not unemployment is present in the pre‐project state and according to whether or not there is interregional migration in response to project hiring. Graphical, partial equilibrium analysis illustrates why, in general, job creation and project employment give rise to social costs, not benefits. The magnitude of these social costs is shown to depend upon the presence of payroll taxes, wage subsidies and unemployment, in addition to the market's supply and demand elasticities. These social costs may be reduced or offset in specific instances where projects increase the value of labor's productivity or reduce its costs, such as with job training, worker mobility and skill development projects. Careful attention to these approaches can help society choose correctly among alternative development proposals and among alternative (labor‐intensive versus capital‐intensive) technologies.     

Analysis of spatial variance clustering in the hedonic modeling of housing prices

This paper examines the spatial dependency exhibited by the error term variance of hedonic modeling based on German housing price data. To this end, it applies the spatial autoregressive conditional heteroscedasticity (SARCH) model previously discussed in housing literature, which allows for the consideration of spatial dependency when modeling the error variance of hedonic pricing. This model represents a spatialized version of the well-known ARCH-model used in time series analysis. Consistent with previous findings, this paper confirms the existence of spatial conditional heteroscedasticity, i.e. dependency in the error variance. However, this spatial dependency is not a global phenomenon, but can be ascribed to spatial concentrations of apartments with a relatively high variance in a small number of the same neighborhoods. The analysis of spatial heteroscedasticity helps to improve the estimation efficiency and prediction accuracy. In addition, spatial differences can be used to account for idiosyncratic risk when conducting mass appraisal.     

以《物权法》的视角看集体林权制度改革

以《物权法》的视角,分析我国集体林权制度管理,尚存在诸多问题。要建立社会主义市场经济下的林业管理体制和运行机制,必须实施相应的集体林权制度改革,明确林权的主体,强化林权的主体地位,保障林权主体的权益,规范林地林木流转,完善林权管理。     

加快中国土地产权制度建设的建议

研究目的:通过分析当前中国土地产权制度存在的问题和症结,提出进一步完善土地产权制度的建议,为决策层和立法机关提供参考.研究方法:采用理论分析的方法.研究结论:中国土地产权制度建设存在两种土地产权不平等、土地所有权、使用权和他项权利种类不丰富、内容不完整等缺陷,应对两种土地产权给予平等的保护;细化土地使用权的类型,增加土地使用权的层次;完善土地登记制度,明确土地登记的法律效力;依法保护土地财产权;成立专门的土地争议调处机构,加大对土地争议的调处力度.     

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.     

中国土地地下空间权利立法研究

研究目的:分析土地地下空间的利用概况,探究中国土地地下空间权利的立法。研究方法:基于国内外对土地空间权利规定的分析,采用对比研究的方法。研究结果:(1)地下空间实行国家所有和集体所有,即城市土地空间所有权应属于国家所有,集体土地空间所有权应属于农民集体所有;(2)地下空间权利的设立应遵循时间在先、权利在先的原则;(3)经营性开发的地下空间权利设立应由国家统一出让;(4)地下空间权利出让金可随深度递增而递减。研究结论:中国应加快土地空间权利的立法工作,出台地下空间权利专门的法律法规,以解决土地空间交叉使用带来的矛盾争端,促进土地空间的有效利用。