The evolution and resilience of community-based land tenure in rural Mexico

This paper examines the evolution of ejido tenure in Mexico since the 1992 constitutional and legal reforms in that country. Prior to the Mexican Revolution, communal tenure had all but disappeared, but since 1920 community-based tenure re-emerged to become the dominant tenure form in Mexico. The paper investigates ejido land tenure through an examination of ejido governance structures and the tenure rules relating to the acquisition, transfer and extinction of land and resource rights. It draws on community-level research and numerous published case studies, relevant laws, and on data describing the status of ejidos countrywide. This reveals a diverse set of practices, which in many instances depart from the rules as defined in the Agrarian Law and even in internal community regulations. Land tenure plays a critical mediating role in the inter-relationship between humans and the environment. Using the framework of resilience I examine the persistence of ejido tenure and its dynamics in the aftermath of major land policy and legal reforms. Three major ‘shocks’ are identified which are seriously challenging the resilience of ejidos. These are the 1992 legal reforms, NAFTA and the resulting out-migration from rural Mexico, and urbanization. I conclude that ejidos have generally been resilient enough to accommodate the 1992 reforms, but problems with cross-generational transfers that stem in part from labor migration, and urbanization have set ejidos on a course that could ultimately overcome all but the most resilient communities.     

Deforestation and land tenure in Mexico: A response to Bonilla-Moheno et al.

Bonilla-Moheno et al. published an interesting paper on land tenure as a determinant of deforestation in Mexico, in Land Use Policy in 2013. In this review, we focus critically on the methodology used by the authors to reach two key conclusions. Firstly, we suggest that their use of coarse resolution MODIS EVI data to assess deforestation rates may have resulted in an erroneous conclusion, that forest area in Mexico is increasing rather than decreasing. This finding is contrary to official data and to other recent scientific assessments. Secondly, we question their conclusion that territories under the tenure of ‘comunidades indigenas’ are less likely to experience deforestation, and more likely to experience expansion of forest area, than those under ‘ejidal’ tenure. We believe that the sampling method, which involved the selection of municipalities with high concentrations of one particular type of tenure, and which eliminated the 60% of municipalities which contain mixed forms of tenure, biased the sample, particularly for the case of comunidades. The comunidades included in the sample are almost all found in a single region of the country, which may represent a special case. In reality comunidades are much more widespread through the country. Moreover we find that the explanation given by the authors for the relative success of comunidades in conserving their forests is not founded in data from any study of process at the local level.     

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.     

Agricultural development and land tenure in India

The role of agriculture in economic development is crucial in developing countries. The progress of Indian agriculture requires not only irrigation facilities, supply of seeds, fertilizers and innovations in cultivation methods, but also the creation of a sound, progressive and just land tenure system. This article evaluates the present system of land tenure in India in terms of its adequacy in providing a structurally viable base for agriculture. The main elements of the Indian Land Reform Policy form a balanced and coordinated approach to the problems of economic development. However, it must be pointed out that any more delay in the implementation of land reforms may eventually thwart the pace of economic development in India.     

Land tenure and land reform: past and present

This article looks at land reform in history and compares it to the present. The primary concern is the relationship between land tenure and economic development, and land reform and the distribution of income, wealth and power. The main finding—that dispersed ownership and management correlate with economic development—is unsurprising. But it is more difficult to assess how conditions which are conducive to maximal production come about, or how a society shifts from concentrated power over land and labour to a dispersed tenure system.     

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.     

From male to joint land ownership: Women's experiences of the land tenure reform programme in Rwanda

During the post‐genocide period, the Government of Rwanda embarked on a land tenure reform programme that culminated in a land registration and titling process in 2009. This paper intends to capture women's experiences in relation to this programme. The empirical data were collected in Musanze District using a household survey, semi‐structured interviews, and focus group discussions. The main findings reveal that there is support of the general idea that women should benefit from the land tenure reform in Rwanda. However, there is some criticism towards parts of the land laws, and women have limited actual knowledge about land‐related laws. With land titles, women mostly have a say on the land use decisions requiring each of the spounses' legal consents but not on the daily management of land and its produce. Finally, the paper reports the persistence of social norms and culturally biased gender ideologies affecting the effective implementation of land‐related laws and policies. Therefore, the paper underscores the need to build the implementation of new laws and policies on a good understanding of customary practices to strengthen women's land rights in Rwanda.     

Effects of gender and length of land tenure on timber supply in Finland

This study investigated timber supply from Finnish non-industrial private forests (NIPF) using the consistent Tobit model and nationwide micropanel survey data on timber sales of 1299 forest owners during 2004–2008. The effects of forest owners’ gender and length of land tenure on timber supply were studied in particular. Women sold one cubic meter per hectare and per year (about 30%) less than men did. Female owners sold less frequently, but larger quantities at a time than did male owners. Short-tenure (<5 years) owners’ harvests were only affected by price, owner's age, income, timber stock and forest acreage. A group with relatively high harvest levels was young, low-income new forest owners.     

Evolution of land tenure institutions and development of agroforestry: evidence from customary land areas of Sumatra

It is widely believed that land tenure insecurity under a customary tenure system leads to a socially inefficient resource allocation. This article demonstrates that the practice of granting secure individual ownership to tree planters spurs earlier tree planting, which is inefficient from the private point of view but could be efficient from the viewpoint of the global environment. Regression analysis, based on primary data collected in Sumatra, indicates that an expected increase in tenure security in fact led to early tree planting. It is also found that customary land tenure institutions have been evolving towards greater tenure security responding to increasing scarcity of land.     

Population pressure,rural-to-rural migration and evolution of land tenure institutions: The case of Uganda

This study examines the evolutionary process of land tenure systems in Uganda from communal to private ownership with a special attention to the role of rural-to-rural migration as a key driving force. By tracing migration patterns using unique longitudinal household survey data containing detailed information on land tenure and migration history, we found that immigrant-dominated communities have a higher incidence of private land ownership even after controlling for population density and market access. We also found that land markets are more active in immigrant-dominated communities and that private land ownership results in higher agricultural productivity.     

Assessing the relationship between land tenure issues and land cover changes around the Arabuko Sokoke Forest in Kenya

Land as an essential resource is becoming increasingly scarce due to population growth. In the case of the Kenyan coast, population pressure causes land cover changes in the Arabuko Sokoke Forest, which is an important habitat for endangered species. Forest and bushland have been changed to agricultural land in order to provide livelihood for the rural population who are highly dependent on small-scale farming. Unclear land rights and misbalanced access to land cause uncontrolled expansion and insecure livelihoods. Secure land rights are crucial to improve living conditions for the local smallholders. Socio-economic and land tenure conditions were assessed in a study area close to Malindi in south-east Kenya to understand the human-induced changes in land cover. A combination between biophysical and socio-economic methods was used to identify the relationship between land cover change, land tenure and other socio-economic factors. Analyses in Geographic Information System (GIS) were chosen to examine in historical photographs and recent satellite imagery land cover changes between 1954 and 2017. This analysis was combined with quantitative questionnaires conducted on-site in 2017 and 2018 to identify factors influencing the land cover changes and especially to analyze the effects of land tenure on sustainable land use to reduce further land conversion. Moreover, this study statistically investigated the impact of land tenure issues on the tree population of the respective land plots using non-parametric tests as well as dependency analyses. We found significant relationships between the income of the interviewees and the tree population on land plots. It also appears that the fragmentation of land cover on a plot differs between respondents who have inherited their land and respondents who have purchased their land.     

Tenure security,land registration and customary tenure in a peri-urban Accra community

The study examines the strategies that people use to secure their interests in land in a peri-urban Accra customary community. In a contested chieftaincy, customary leaders sell agricultural and virgin land to strangers for residential purposes, causing conflict and altering traditional livelihoods, and the proceeds of the sales do not flow to members of the lineage group. Violence and murder, involving land guards hired to defend different land claims or to drive farmers off their land, have occurred. The case confirms theory describing the behavioural patterns to be expected during major social change typically found in peri-urban areas when government is unable or unwilling to enforce the law. The flexible, negotiable rules characteristic of customary systems can be manipulated by individuals seeking power and control over land. Accepting that customary land administration is here to stay, the case supports the view that the customary system needs major reform to incorporate local-level checks and balances on land administration to make customary leaders accountable as fiduciaries. In terms of registration usage theory customary landholders in the study area saw title deeds as marginally useful in their agricultural lands but not in family compounds, whereas for strangers registration is essential.     

Drivers of perceived land tenure (in)security: Empirical evidence from Ghana

Tenure security is believed to be critical in spurring agricultural investment and productivity. Yet what improves or impedes tenure security is still poorly understood. Using household- and plot-level data from Ghana, this study analyses the main factors associated with farmers’ perceived tenure security. Individually, farmers perceive greater tenure security on plots acquired via inheritance than on land allocated by traditional authorities. Collectively, however, perceived tenure security lessens in communities with more active land markets and economic vibrancy. Plots held by migrant households and women in polygamous households are perceived as less tenure secure, while farmers with political connections are more confident about their tenure security.     

The application of the social tenure domain model (STDM) to family land in Trinidad and Tobago

Family land is a form of communal tenure found in some of the countries of the English-speaking Caribbean inclusive of Trinidad and Tobago. It has been problematic to administer, is sometimes the source of land conflict and litigation, it has been seen as the cause of many land-related problems such as land degradation and fragmentation, and has therefore been targeted for eradication by land title registration programmes. Informal occupation of many years standing on state and private land is also widespread in Trinidad and Tobago. Recording the existence of these extant extralegal but legitimate rights would go a long way to improving the land administration and the security of tenure on these lands.     

The effect of land tenure on agricultural extension work in some villages of the East Central State of Nigeria

Abstract

Survey data on expected and actual prices received by individual vegetable growers in Florida, Michigan, and Texas in 1990 are used to test the rational expectations hypothesis. The use of individual grower data overcomes many of the aggregation, risk premia and model specification issues that have limited previous tests of this hypothesis in agriculture. Overall, price expectations of vegetable growers are found to be inconsistent with the rational expectations hypothesis for the majority of vegetable/state combinations studied.     

To reallocate or not: Reconsidering the dilemma in China's agricultural land tenure policy

In China, rural land is collectively owned at the village level. Village officials usually have the power to reallocate land property across families on an ongoing basis due to demographic changes in the village. Realizing that frequent land reallocation and abusive land requisition will undermine economic productivity as well as social stability, the “Rural Land Contract Law” passed in 2002 explicitly reads that farmland tenure security must be maintained for at least 30 years since the last nationwide reallocation in 1998. The frequency and magnitude of land reallocation in Chinese villages have decreased as a result. However, failure to allocate land to the newly increased population often induced conflicts among village members if the security of land tenure for 30 years was strictly implemented. Administrative land reallocations then still continued in some villages to accommodate demographic changes in these places. Based on an almost nationally representative rural dataset collected in 119 villages of 6 provinces across China in 2008, this paper lays out some stylized facts about the administrative land reallocation after 1998. By analyzing the opinions of over 2200 farmers on the central policy of maintaining farmland tenure security, we are able to rationalize why some farmers support the policy while others oppose it. This analysis helps us to better understand the dilemma between efficiency and equity embedded in the current agricultural land system in China. It is further shown that social conflicts among village members may easily arise either due to administrative land reallocation or due to lack of it. We argue that this dilemma cannot be resolved effectively without coordinated reforms in household registration system which can help hundreds of millions of Chinese rural migrant workers to permanently settle in cities and release their farmland to those who stay in the countryside.     

Local support among arctic residents to a land tenure reform in Finnmark,Norway

Claims for indigenous rights to land and resources are influencing land use policies worldwide. The public’s support for such land tenure arrangements has rarely been investigated. We present a unique case from the Norwegian Arctic, where land claims made by the indigenous Sami people have resulted in the transfer of land tenure and resource management from the government to the residents of Finnmark in 2005. Based on indigenous land claims, a management agency was established, the Finnmark Estate (FeFo), which on the operational level provides Sami and non-Sami users the same services. Public debates and conflicts among politicians and the public framed the political process leading up to this establishment. Based on a survey and interviews in Finnmark, we explored the public’s support for the new land tenure arrangements. We use the term diffuse support to investigate whether residents conform to FeFo’s basic ideas, values and principles, while specific support refers to the supportive attitudes for management actions carried out by the institution. We conclude that there is a general low diffuse support for FeFo among the residents in Finnmark, but a relatively high specific support for the policies and management actions implemented by the estate among those who have experiences with FeFo. We explain the gap between diffuse- and specific support by the historical, social and political processes which led up to the establishment of the land tenure arrangements.     

Measuring the production efficiency of alternative land tenure contracts in a mixed crop-livestock system in Ethiopia

In this paper, we test the hypothesis that land held under varying configurations of property rights will be farmed at different levels of production efficiency. Production data were collected from 477 plots in a fairly productive, mixed fanning system in the Ethiopian highlands. Interspatial measures of total factor productivity, based on the Divisia index, were used to measure the relative production efficiency of three informal and less secure land contracts (rented, share-cropped and borrowed) relative to lands held under formal contract witli the Ethiopian government. Although the informally-contracted lands are farmed 10-16% less efficiently, the analysis indicates that farmers of such lands actually apply inputs more, rather than less, intensively (i.e., more inputs per unit of land). The gap in total factor productivity thus results from the inferior quality of inputs (or lack of skills in applying them) rather than a lack of incentive to allocate inputs to mixed crop-livestock farming. For this reason we find no empirical basis to support the hypothesis that land tenure is a constraint to agricultural productivity.     

Changes in land use, land tenure, and landscape fragmentation in the Tijuana River Watershed following reform of the ejido sector

Changes in land use and land tenure can influence both physical fragmentation and ownership fragmentation of landscapes, with implications for biodiversity. In this study, we evaluated changes in land use and land tenure in the Tijuana River Watershed, a region of high biodiversity and endemism, following the implementation of a new Agrarian Law which allowed for privatization and sales of communal land (ejidos) beginning in 1992. In order to understand changes in land use and cover, we constructed maps from aerial photographs and Aster images and measured changes between 1994 and 2005. In order to understand changes in land tenure, we collected data from Mexican government sources on ejido land size, ownership, and sales, and we conducted 55 structured interviews with ejidatarios in the watershed. Our results demonstrate that land-use/cover change between 1994 and 2005 was dominated by an increase in urban area and grasslands, and a decrease in coastal sage scrub, chaparral, and, to a lesser degree, agriculture. In particular, the conversion of coastal sage scrub has left a far more fragmented landscape than existed in 1994. In addition, most of the ejidos in the watershed, as well as individuals interviewed, had participated in some stage of the land certification and titling process allowed by the new Agrarian Law, resulting in substantial changes in land tenure. However, land tenure security appeared to play a larger role than a desire to sell land and, contrary to studies from other regions, full title to the land was obtained in a range of urban and rural settings, rather than primarily on land closest to urban zones. Our results suggest that past predictions regarding future urban growth and fragmentation of native vegetation in the region have proven accurate and highlights regions of change that merit further study.     

A case study of land reform and coastal land transformation in southern Sonora, Mexico

This paper examines the coastal ejido (collectives of peasant landholders) sector's response to the 1992 amendment to Article 27 of Mexico's Constitution, which for the first time legalized the sale and rental of ejido lands. Our analysis is based on a case study of southern Sonora, Mexico. The results indicate a shift in land tenure from the ejido to the private sector and a corresponding conversion of coastal lands to shrimp aquaculture ponds. Our analysis suggests these land-tenure and land-use changes, and the implications of these changes for the coastal ejido sector, vary depending on the historical, geographic and socio-economic characteristics of the ejido communities.