Property rights and ecosystem properties

For almost two decades, institutional analysts have been struggling to distinguish clearly between institutional factors like property rights and the properties of the resources that are governed by such institutional arrangements. Institutions are regarded as man-made social constructions that regulate the relations between humans themselves with regard to the use of certain resources, while the biophysical attributes of a particular resource are considered given and unaffected by the institutional arrangements. This paper takes this distinction as a point of departure and takes a closer look at the complexities introduced into institutional analysis with the advance of new paradigms for governing resources—such as governing by environmental objectives and indicators, biodiversity governance, adaptive ecosystem management, etc.—and points to some of the institutional changes that this involves. In doing so, it re-examines some of the dichotomous conventions regarding the ‘nature of goods’ in light of increased attention given to ecosystem properties.     

Formalisation of land rights in the South: An overview

Formalisation of property rights has recently been proposed as a way of reducing poverty. The poor, it is said, do not lack assets, they lack only the formal, protected rights necessary to make these assets engines of entrepreneurship, thriving markets, and information networks. Historical evidence with regard to formalisation programmes is, however, mixed at best, and current universalist proposals contain numerous flaws. A more context-specific and flexible approach is needed, with greater attention to local settings and specific objectives and tools. Property formalisation should not be considered merely a technical tool but must take account of politics and culture.     

Livelihood rights perspective on water reform: Reflections on rural Zimbabwe

The right to water has been adopted as a human right in General Comment 15 by the Committee on Economic, Social and Cultural Rights. It provides a new framework for law and policy supplanting the Dublin Principles that have too often been understood in the African context to mean water with the ‘right’ price. Does a human rights approach to water, especially in rural contexts, speak to the multiple ways in which men and women share and manage water? How are water tenure and land tenure linked in Zimbabwe's rural areas? We examine if and how local norms and practices include water within a broader right to livelihood. Substantial field research in Zimbabwe including ours demonstrates the existence of a right to water and livelihood, which can be responsive to gender and poverty. We suggest the incorporation of local norms and practices within water management laws and policies at regional, national and local levels.     

Controlling diseases and nuisances: Time-based rights and agricultural production

In controlling diseases, governments take actions that denigrate property interests. Losses by property owners under a citrus canker eradication program led to a legal challenge concerning the Florida state government's authority to destroy property without compensation. A court adopted time-based rights to determine when the state needed to pay for property destroyed. Time-based rights have also been adopted by state legislatures to limit nuisance actions against agricultural producers. This paper addresses the adoption of time-based rights to determine whether the changes from space-based to time-based rights provide a superior response for eradicating plant diseases and responding to nuisances. The changes are projected to lead to different producer responses which in turn will affect agricultural production.     

Public space,private development and community welfare

Summary

The focus of this paper is on the public spaces associated with certain private developments, e.g. plazas, arcades, atria, etc. In many urban settings these spaces have become important amenities in their own right, with indoor spaces, in particular, often providing extensive and climatically controlled recreational opportunities free from the uncertainties of the external environment. Given the ‘public goods’ characteristics of these spaces, it is suggested that they deserve more detailed scrutiny since the potential ‘welfare’ benefits from increased provision might be considerable. To this end, it is argued that the planning authorities have both the duty and the power to ‘encourage’ private developers to not only extend provision but also improve accessibility.     

Urban spill over vs. local urban sprawl: Entangling land-use regulations in the urban growth of China's megacities

Rather than a bad case of urban sprawl, the physical expansion of China's megacities may be viewed as a combination of ‘urban spill over’ and ‘local urban sprawl’. This paper reviews land use regulations in their institutional context and argues that conflicts in land use regulation are related to ideologies of land ownership and embedded in different planning doctrines. These hypotheses are investigated with special reference to Guangzhou, the capital of Guangdong Province in southern China. The evidence suggests that entangled land use regulations for “urban” and “rural” land have imposed serious constraints on urban growth, while the contradictions of different policies and regulations in the use of rural lands for urban construction have led to intensive and unhealthy competition among stakeholders. As a result, not only have the costs of land conversion from rural to urban uses increased, but the spatial development of Guangzhou has been distorted. The implications of these failures for future policy are discussed with emphasis on the reform of the land use regulation system.     

Cutting the web of interests: Pitfalls of formalizing property rights

Property rights to land can be thought of as a web of interests, with many different parties having a right to use, regulate, or manage the resource, which may be based on a range of customary institutions or local norms as well as state law. These interests often play a critical role in livelihoods, social relations, and ecological functions. The formalization of property rights has historically led to a cutting of this web, creating more exclusive forms of rights over the resource. Drawing from case studies in Kenya the paper emphasizes the risk of excluding legitimate claimants in formalization processes that focus on individual titling. By collapsing all rights within individuals, such programs have negated the distinct multiple claims by women, youths, and seasonal users, among others. We examine ways in which formalization processes can secure diverse claims, and highlight the need for a better understanding of the social and ecological implications of existing land tenure before they are undermined by formalization.     

Environmental impact assessment of urban land use transitions—A context-sensitive approach

Land consumption due to residential development, economic growth and transportation belongs to the most serious environmental pressures on landscapes worldwide, in particular in urbanised areas. Accordingly, the aim of containing the development of land is rated increasingly high on the agenda of environmental policy, at least in densely populated countries such as Germany, Belgium, the Netherlands or the UK. As a result, different strategies and instruments to prevent excessive land consumption are being discussed. However, many of these strategies and instruments adopt a rather general approach, while it seems more effective to define the particular areas where the goal of reducing land consumption is to be pursued. Such an approach must draw on information about how detrimental specific land use transitions are with regard to, for instance, the functionality of soils, water balance or habitat quality at specific locations. This paper introduces a conceptual framework for the impact assessment of land use transition in urban areas which highlights how such information can be acquired. This framework includes the differentiation of two levels of impact assessment: the level of the single land unit and the context level which takes into account regional and aggregated impacts of land use transition bound to the spatial context. The conceptual framework provides a basis to disaggregate (supra-)national policy targets regarding land use, to scale them down to the regional level, and thus to clarify the spatially explicit implications of land use policies.     

Agriculture and global climate stabilization: a public good analysis

The stabilization of global climate presents one of the most complex problems in public good provision the world has faced. Continuation of “business as usual” policies, leading to warming of more than 2 degrees over the next year, will produce significant damage to agricultural systems and catastrophic damage to the natural ecosystems that ultimately support agriculture. The best solution to the public goods problem is a “contract and converge” agreement in which the ultimate outcome is a common global entitlement to CO₂ emissions per person.     

Property taxation in Israel: a non ad valorem approach

The arnona, the system of property taxation in Israel, is a unique form of taxation being based on a property's size (m²) and not on its discrete open market value. The actual use of the property (residential versus non-residential), its location in the municipality, type of property and its age are the determining factors for tax liability. In order to test for equity within the current system, the methodology adopted was to investigate the effect of population size, remoteness and population makeup with respect to some 80 municipalities on the levels of arnona. Although the thresholds of arnona for individual municipalities are approved by a committee of the Knesset, the present analysis indicates that the current differences in per capita amount of arnona collected by local authorities do reflect factors that would normally be expected to influence an ad valorem property tax in a market economy. It is argued that whilst the arnona is an accepted form of local authority property taxation, there are a number of fundamental weaknesses. Its application could be improved by incorporating elements of an ad valorem property tax, which would more fully reflect the socio-economic level of taxpayers and the physical condition of the built environment. However, the arnona, not being based directly on a property's market value should be of interest to countries (e.g. transitional countries of Central and Eastern Europe) who are presently introducing property taxes within an environment where property markets are not as yet fully developed.     

Why the public thinks natural resources public participation processes fail: A case study of British Columbia communities

This study examines the experiences and opinions of a “public” which became involved in a government driven comprehensive land use and natural resource planning exercise in British Columbia, Canada during the 1990s. While it is generally assumed to be an inherently good thing, or at least a politically necessary thing, to involve the public in natural resources or land use planning, few studies have examined the experiences of the public or examined perceived failures from the public's perspective. This study examines British Columbia's CORE and LRMP planning processes, their successes and failures, as determined by residents of six communities that participated in these processes. Lessons on improving public processes from the viewpoint of that public are discussed.     

财产权利权能理论新拓展:理论框架及其对中国当前集体农地权利体系的合理解释

研究目的:提出权能支的新概念,建立一个新的财产权利权能结构理论框架,对当前中国集体农地权利体系进行解释。研究方法:逻辑推理法,法学分析方法。研究结果:所有权权能结构包括占有、使用、收益和处分四项基本权能,而这四项基本权能由若干更小的基本单元——权能支构成;权能支是财产权利的基本单元,每一个权能支意味着权利人可以依法实施一类行为的可能性,四项基本权能是由若干权能支组成的权能束;基本权能或权能支的分离、重组和耦合形成新的财产权利类型。研究结论:权能支概念的引入,拓宽了既有权能理论的解释能力,可以较好地解释新出现的财产权利的权能结构,也能合理解释权能分离后的所有权和他物权的内涵;基于权能支的概念和新的财产权利权能结构,本文解释了当前中国集体农地权利体系,并就现阶段土地承包经营权权能完善和拓展提出了政策建议。     

Land use policy in China: Introduction

This themed issue of Land Use Policy builds mainly on papers presented at an international conference on ‘Land Use Issues and Policy in China under Rapid Rural and Urban Transformation’, convened by the Chinese Academy of Sciences in Beijing, China, in October 2012. The conference set out to share and promote new scientific findings from a range of disciplines that advance research on land use policy in China. The contributions to this themed issue provide conceptual–theoretical and empirical takes on the topic, around four main areas of interest to both researchers and policymakers: nation-wide land use issues, the Sloping Land Conversion Program, land engineering and land use, and land use transitions. Various land use issues have been associated with rapid urban–rural transformations in China, giving rise to formulation of new policies directly affecting land use. However, these have contributed to new land use problems due to the nature of the policies and the difficulties in policy implementation constrained by the special ‘dual-track’ structure of urban–rural development in China. In view of this, this themed edition makes a compelling call for more systematic research into the making and implementation of China's land use policy. It also emphasizes the challenges for further research on land use policy in China.     

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.     

Critical analysis of the official Greek urban planning indicators of private uses

The aim of the article is to review the official Greek target indicators, i.e. those standards that are included in the current planning legislation (Official Government Gazette 285/D/5.3, 2004), and are used for the planning of private uses, such as manufacturing, wholesale trade, retail trade, offices, and housing. The article elaborates on the general typology of urban indicators and, more specifically, it addresses the methodology for the calculation of target indicators. Part of this methodology is utilized for the evaluation of the official target indicators that are currently in force. This evaluation is mainly based on the comparison of target indicators with the respective state indicators of years 2004, 2008, and 2012, and is carried out for each category of private urban uses separately. The article concludes on the inappropriateness of the values legislated as target indicators, and stresses the need for their immediate revision.     

The evolving concepts of land administration in China: Cultivated land protection perspective

This paper presents a holistic method by integrating three concepts (land resources management, assets supervision and political governance for sustainability) for investigation of land administration in China, taking into consideration of cultivated land protection for a testimony with econometric method. Theoretically, in this self-organizing integrated method, land resources management focuses on the productivity of land; land assets supervision centralizes on the realization of land usufruct rights in land transference; land political governance for sustainability concentrates on harmonious linkage of economic efficiency, social stability and environmental safety of land use. Their interrelations are complex. Methodologically, the results indicate that the theoretical model is feasible to explain variations of cultivated land protection with these three concepts. Cultivated land decreases with increasing land value increment multiples, and is positive with political governance concept, but not in a linear fashion. Finally the results suggest that roles of government in land administration need to be changed and strengthened, supporting complete compensation for land expropriation and modification to policies of cultivated land.     

The dilemma of property rights and indigenous institutional arrangements for common resources governance in China

Traditionally, property rights have been seen as an efficient means of optimizing the allocation of common resources. The arrangement of property rights, however, has historically led to a number of social, economic and ecological issues. Herders living in China are currently exploring collective grazing partnerships as they seek to maintain balance between ecological protection and livelihood development in the process of grassland governance. For the purposes of this study, we conducted an in-depth analysis of the property rights dilemma, offering possible solutions for indigenous institutional arrangements as exemplified in six typical cases. We assert that (1) stakeholders should respect local culture by ensuring the participation of herders in policymaking, (2) the use of fences for the demarcation of property rights is ineffective and often serves as a catalyst for the destruction and degradation of grassland ecosystems, and (3) herders’ use of collective action techniques should be reinvented with the support of state policy.     

Securing land and property rights in sub-Saharan Africa: The role of local institutions

Central governments have neither the capacity nor the local knowledge to implement a just, large-scale national land registration system. Support to local institutions to undertake intermediate forms of land registration has been shown to be far more effective in many places—although these need careful checks on abuses by powerful local (and external) interests, measures to limit disputes (too many of which can overwhelm any institution) and measures to ensure that the needs of those with the least power – typically women, migrants, tenants and pastoralists – are given due weight. These locally grounded systems can also provide the foundation for more formal registration systems, as needs and government capacities develop. Even if there are the funds and the institutional capacity to provide formal land title registration to everyone in ways that are fair and that recognize local diversity and complexity, and could manage disputes, this may often not be needed. For the vast majority of people, cheaper, simpler, locally grounded systems of rights registration can better meet their needs for secure tenure.     

Intermediate levels of property rights and the emerging housing market in Ho Chi Minh City,Vietnam

Vietnam introduced a Policy of Renovation (‘Doi Moi’ Policy) to restructure the economy in 1986. Under this policy, the Land Use Right Certificate was introduced as a form of tenure for agricultural land and urban land, according to the Land Laws of 1987 and 1993, respectively. However, by 2001, most properties and/or land in Vietnam still did not have a legal title. Although Vietnam's land reforms in the 1990s provided some of the weakest private rights among the transition countries, big cities like Ho Chi Minh City are presently homes to thriving housing markets. Transactions of ‘property without a physical entity and legal title’ in the real estate market show how property ownership can be formed in order to operate within different institutional contexts. This paper highlights that ‘intermediate levels of property rights’ are the driving forces behind the thriving housing market in Ho Chi Minh City.