‘Invisible’ constraints on 3D innovation in land administration: A case study on the city of Melbourne

Excitement about the potential of 3D technologies to support production and management of complex building information has extended to the land administration sector. Structural characteristics of high-rise buildings are compounding complexity in the design and layout of private, public and communal ownership rights, restrictions and responsibilities, leaving a legacy of ongoing management issues for urban communities. Despite the premise of 3D innovations and significant technical progress, widespread adoption remains elusive. Attention is turning to understanding the social and cultural influences – the ‘invisible’ constraints, otherwise regarded as institutional aspects, to explain deeply embedded attitudes and behaviours that are posing resistant to current change strategies. An interpretive case study in the city of Melbourne provides context for exploring institutional issues within the land administration sector regarding high-rise developments. The plan of subdivision is used to trace institutional influences, conceptualising these as regulative, normative and cultural-cognitive elements. These elements constrain stakeholders to current 2D ways of behaving, limiting movement towards 3D innovation. The findings suggest clear institutional ‘gaps’ that deliberate strategies will need to address, but also highlight the importance of understanding the interdependency between all elements for strategic response. Finally, the findings indicate that a new focal actor that is in a position to generate the required intention for change has not emerged and therefore, an industry-wide strategic response is not apparent.     

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.     

Integrating decentralised land administration systems with traditional land governance institutions in Ghana: Policy and praxis

The aim of the Land Administration Project (LAP) policy reform for supporting the establishment of the Customary Land Secretariats (CLSs) is to formalise and strengthen customary land administration and management within the context of decentralised land administration. With the prospects of the CLSs becoming the legal local land administrative units, the paper assessed how traditional land governance institutions may have contributed to the decentralisation of land administration in Ghana. The research used case study strategy within the qualitative research paradigm and un-structured questionnaires were used to collect data. The analyses show that, simple land registries exist with traditional local governance institutions through the CLSs. The maintenance and effectiveness of this however depends on continuous improvement of records keeping, quality of office personnel and suitable office accommodation. This should be devoid of local power struggles among current and successive chiefs. Also, collaboration with public land sector agencies especially in areas of sharing information on rights, uses, disputes and preparation of planning layouts is paramount. These registries are mere extension of the state land administration apparatus as service units under the deconcentration of land administration powers. The paper concludes that the current policy focus on strengthening decentralised land administration through the CLSs may fail if attention is not given to the maintenance of the local registries. Revenue generation capacities of the CLSs need to be enhanced in order for them to recruit and maintain quality office staff, and acquire technical logistics. Decentralising land administration to the CLSs under the deconcentration of powers should be maintained in the interim because of the teething problems identified with this current system.     

Land administration for housing production: An approach for assessment

The integration of land administration processes and the collaboration of land agencies are considered essential for the effective delivery of developable land for housing production. The research upon which this paper is based investigates the interrelationship across land administration functions and between different levels of government in the management and delivery of land for housing production. It focuses on land management policies, land administration processes, and spatial data infrastructure, as they are related to housing production. The study starts from the premise that inadequate integration across land administration functions and between different levels of government impedes land delivery for housing production. Against this background, an assessment framework is proposed as a tool to assess the levels of integration. The parameters for the development of the framework are based on the extensive literature of past and present initiatives which focused on enhancing inter-agency collaboration. It is also supported by interviews with land agencies in the case study areas – Australia and Nigeria – to aggregate the common themes as observed in the literature. The assessment framework was evaluated through selected government departments and agencies. With this approach, the assessment framework develops into the land administration integration assessment matrix. The key consideration of the matrix is to assess the depth of inter-agency relationship ranging from information sharing to consultation, coordination of activities, joint management, partnership arrangement and formal merger of organisations.     

A structured framework for 3D cadastral data validation − a case study for Victoria,Australia

There are a wide variety of cadastral objects, ranging from simple 2D entities such as a land parcel, to complex 3D objects such as multistory/multi-owned buildings. The complex infrastructures development happening above and below the ground complicates the processes required for defining rights, restrictions and responsibilities in 3D (3D RRRs). Even in the current, predominantly, 3D analogue cadastral system which relies on 2D drawings and representations, defining 3D RRRs is still a complicated task. With the widespread use of 3D geospatial information technologies, it is increasingly becoming easy to realise and interpret a 3D digital cadastre system. As part of the process of transition from the 2D representation of cadastre towards a 3D digital cadastre, not only will 2D representations be replaced with 3D models, but the examination workflow and its principles also need to be able to manage 3D models. Developing principles and validation rules is a critical requirement to guarantee that the diverse cadastral data is trustable and contains enough detail to define the spatial and legal extents of ownership. This paper proposes a structured framework to define validation rules for 3D cadastral models. The paper’s methodology utilises a case study approach where a plan examination process in Victoria, Australia has been analysed to investigate the principles of examining cadastral plans, and further expanded on for validating 3D digital plans. The paper concludes with a discussion on the implications of the proposed 3D validation rules and proposes future research within the topic of 3D cadastral data validation.     

4D cadastres: First analysis of legal,organizational, and technical impact—With a case study on utility networks

The increasing complexity and flexibility of modern land use requires that cadastres need an improved capacity to manage the third dimension. As the world is per definition not static, there also will be needs in relation to the representation of the temporal (fourth) dimension either integrated with the spatial dimensions or as separate attribute(s). In this paper, registration of utility networks in cadastre are considered in this 3D + time (=4D) context. A number of countries in the world have developed methods to register utility networks complying with their legal, organizational, and technical structure. We researched the different approaches of three specific countries: Turkey, The Netherlands and Queensland, Australia. These are analysed to evaluate a solution that matches legal, organizational, and technical cadastral requirements in the most optimal way.     

Assessing the environmental impact of 3D public law restrictions

The needs of modern societies require, on the one hand, the most efficient exploitation of land by individual stakeholders and, on the other hand, have set up a variety of restrictions and regulations for the public benefit. Such restrictions are steadily growing in number and apply in various areas. Given the technological development in the construction sector, complex proprietary relations emerge in overlapping private and public rights. Cadastres constitute the core of land administration systems, gradually evolving to development tools that provide multi-purpose land related information. Within this context, incorporation of Public Law Restrictions (PLRs) to cadastral systems is considered a step towards the development of integrated land administration systems. Internationally, PLRs are usually registered in separate registries, under different types and formats, depending on the competent body/authority. These PLRs include, among others, restrictions regarding environment and nature protection, water protection, spatial and land use planning zones, cultural heritage, public infrastructure corridors and zones, public easements/servitudes and mining rights. Until today 3D registration and visualisation of such PLRs is mostly discussed at research level, mainly due to the variety of fields related to each PLR, the need of quantifying qualitative components or “translating” physical attributes to legal restrictions and 3D volumes, as well as to the variety of responsible authorities and types of regulations. This paper focuses on identifying PLRs that pertain either explicit or implicit 3D characteristics, emphasising on the PLRs related to the development of the Trans Adriatic Pipeline (TAP) project. This paper aims to identify the nature of 3D PLRs, based on the legal requirements regarding environmental components’ analysis and mapping defined in Environmental Impact Assessment (ESIA) studies, and to investigate the possibility of compiling 3D environmental models from recorded ESIA data. Economic implications of 3D PLR approach is also considered, at qualitative level, in terms of impact on land value when 3D restrictions are imposed, and regarding the cost-effectiveness of drafting ESIA studies showing 3D PLRs.     

The Cadastral triangular model

Successful economies rely on effective land administration systems. A key contributor to land administration is the cadastral system and its support for the ongoing definition of boundaries that support secure property rights and effective land management.Cadastral systems are complex and typically have significant differences in legislation, regulation and survey practices between jurisdictions. And yet the high-level objectives of a cadastral system tend to be essentially the same the world over. Comparisons of cadastral systems in different jurisdictions can easily become focused on the technical, legal, or implementation differences. This can obscure commonalities and opportunities to develop common strategies for the efficient maintenance and development of cadastral systems.Changes in technology have significantly altered the way that cadastral boundaries can be marked and located in the real world and then represented or visualised on maps or plans and in databases. The rate of take up of these technologies, and the form of that take up, varies between jurisdictions.A conceptual model to explore the complex relationships between different representations of cadastral boundaries has been developed. This model, which has broad application, is known as the Cadastral Triangular Model (CTM). The CTM is a valuable tool to explore and resolve complex issues facing cadastral systems, for example proposals for the evolution of 3D cadastres. This paper describes the CTM, how it can be used and identifies further applications of this model to address contemporary issues confronting cadastral authorities.     

三维地籍形态分析与数据表达

研究目的：建立三维地籍模型,描述三维地籍产权体并兼容二维地籍宗地,实现不同维度土地权属的统一管理和登记。研究方法：结合中国城市发展的实例和地籍管理需求,分析三维地籍基本形态,比较各类三维空间数据模型。研究结果：提出适应三维地籍管理功能需求的三维地籍空间数据模型及其相应的数据自动组织方法和思路。研究结论：三维地籍通过地理空间坐标这个“基因”来管理不动产,为土地和房产的统一登记提供了统一的技术框架,是对现行不动产管理技术的升级和超越。     

加强标准化建设,为国土资源管理提供技术支撑

标准化既是国土资源依法行政的技术基础,又是国土资源科学行政的有效手段。目前,标准化对国土资源管理的技术支撑作用未得到充分发挥,潜力巨大。国土资源标准化工作本身存在系统性差、行政管理支持力度不够、管理标准匮乏、科技成果转化渠道不畅、信息化程度不高等问题。针对存在的问题,文章提出了加强制度化建设、健全国土资源标准体系等对策建议。     

Land administration “best practice” providing the infrastructure for land policy implementation

Land administration systems, and particularly their core cadastral components, are an important infrastructure which facilitates the implementation of land use policies. While most land administration systems traditionally have a primary objective of supporting the operation of land markets, they are increasingly evolving into a broader land information infrastructure which supports economic development, environmental management and social stability in both developed and developing countries. While a great deal of attention is given to land use policies worldwide concerned with such areas as forest management, coastal zone management, environmental sustainability and managing the urban environment, less attention is given to the infrastructures which facilitate the implementation of the associated policies and programmes. Importantly, all these activities rely on some form of land administration infrastructure which permits the complex range of rights, restrictions and responsibilities in land to be identified, mapped and managed as a basis for policy formulation and implementation. As a result, there is an increasing interest in the concept of land administration infrastructures and their core cadastres, in the principles and policies concerned with establishing such infrastructures and in “best practices”. In addressing this need, this paper attempts to explain the evolving concept of land administration infrastructures, the concept of “best practice” and the concept of a land administration “tool box” of principles, policies, laws and technologies which are useful in reforming or re-engineering land administration systems in support of a broader land policy agenda.     

民事合同抑或行政合同——论国有土地使用权出让合同的纯化

研究目的:解决国有土地使用权出让合同的双重法律属性给土地出让实践、执法、司法带来的困境和弊端。研究方法:实证分析法和因果分析法。研究结果:(1)土地出让实务的发展使得国有土地使用权出让合同中具有行政属性的内容增加,土地出让实践中签订的出让合同同时具有民事合同和行政合同双重法律属性;(2)这种双重法律属性给当事人和司法部门的法律适用带来困惑,使得出让合同所欲实现的民事目标价值和行政目标价值相互减损,也会导致例如规划部门和土地管理部门之间的行政处罚权的竞合;(3)解决上述问题的正确途径是剥离其中具有行政属性的内容,将出让合同纯化为纯粹民事性质的合同。研究结论:将国有土地使用权出让合同纯化为纯粹民事性质的合同是土地出让实践发展的正确方向。     

Developing a new framework based on solid models for 3D cadastres

3D cadastres aim to record, manage, and visualise spatial dimensions of volumetric legal objects in a 3D digital information environment. Definition of the geometry and topology of volumetric representations of legal objects is predicated on solid modelling approaches which are widely used in 3D modelling applications. Some solid modelling approaches are more user friendly for constructing legal objects while others enable the creation of 3D legal objects with a higher level of spatial complexity. This study aims to assess the capabilities of solid models in managing the geometry and topology of 3D legal objects with various spatial complexities. The assessment was conducted based on identification of the fundamental principles for defining geometry and topology in 3D cadastres. Various 3D legal objects with different geometric shapes were examined according to the topological principles for ensuring both internal and external validity of 3D legal objects. The identified geometric and topological principles were used to propose a new framework based on solid modelling for 3D cadastres. Our suggested framework would provide the basis for modifying land subdivision policies to adopt solid models in upgrading current cadastral systems into 3D digital environments.     

Incoherence of urban planning policy in Bucharest: Its potential for land use conflict

Bucharest is a city in transition from its communist past to a market economy, but poor urban planning in is impacting adversely on contested spaces. Lack of effective and strictly enforced regulation and public sector indecision, mixed with problems inherited from the Ceausescu regime, generate many examples of poor urban planning and management. One such example concerns the uncertain future of Văcăreşti “Lake”, our in-depth case study, which is an encapsulated 184 ha wetland whose management has been particularly poor. Employing a mixed methodology of mapping the evolution of the area in question and conducting interviews with surrounding residents and experts in the urban planning or public administration, we demonstrate how lack of an effective planning system and appropriate policies serves to exacerbate conflict between interested parties. Initially there was a conflict between former land owners and authorities, after which developers, surrounding populations, urban planners and ecologists were added. Worse still, the juridical owners of the site are unresolved! Many government agencies and the Bucharest municipality have also compounded the problem by failing to take a lead in future planning and conflict resolution by adopting a passive management approach, which is a recipe for inaction in a poorly regulated land market. Thus, incoherent land use policy has greatly amplified individual and professional conflict both at the local level and city-wide.     

Geometrical data validation in 3D digital cadastre − A case study for Victoria,Australia

Data ambiguity and invalidity can cause significant expensive issues in the cadastral domain (e.g. legal disputes). An automated data validation can significantly help to reduce the potential issues. Quality assurance has been comprehensively investigated in various domains, however, the validation of 3D cadastral data is still in its early development. The availability of various regular and irregular shapes for 3D cadastral objects and modern building designs has resulted in a critical need for developing validation rules to ensure data validity and quality.The land registry in Victoria, Australia, is investigating the technical requirements for implementing a 3D digital cadastre. The study of 3D cadastral data validation requirements has been part of this ongoing investigation. This study is being undertaken in three main phases including 1) developing geometrical validation rules, 2) developing non-geometrical validation rules, 3) implementing an online service to validate 3D cadastral data.This paper aims to discuss the initial outcomes of the first phase of the aforementioned study which has focused on developing geometrical validation rules for 3D cadastral objects. The paper reviews the development of four geometrical validation rules which have been formalised using mathematical expressions to check the individual 3D parcels and their relationships with adjoining or neighbouring parcels. The first validation rule checks the compatibility of the cancelled parcel against the created parcels. The second rule deals with parcel collision detection which is required for flagging unacceptable intersection of 3D objects. The third rule ensures the faces forming a 3D parcel are flat. The fourth validation rule assures 3D objects are watertight. The paper concludes with a discussion around the impacts of the proposed validation checks on the subdivision process and future research for the Victorian 3D digital cadastre.     

Urban land management in China: A study of the present system and an investigation of current issues and problems

Summary

The paper commences by describing the statutory basis for land tenure and management. It examines the constitutional basis for land ownership and occupation rights, as amended by land administration law. The legal system and procedures at both central and local government level are introduced, with particular mention made of the special measures for land requisition. This is followed by a study of the organizational structure for land management in China at state and local government levels. The roles and responsibilities of the major agencies of government at both levels are explained, and related to the organization of urban planning. A separate section is then devoted to those areas such as Special Economic Zones and Open Coastal Cities which have been selected for preferential treatment, particularly in respect of the transfer of land use rights.

The paper concludes with a study of the main issues and problems that currently confront China in the field of urban land management. And some suggestions are made where further reform is required and additional research of potential benefit.     

基于约束性SD模型的城市建设用地规模预测研究——以吉林省四平市为例

[目的]城市建设用地规模预测是控制城市建设用地扩张的重要手段和有效途径,文章旨在为实现城市转型和精明增长双赢提供技术支撑。[方法]以四平市为例,首先,利用土地集约度公式,对2015年四平中心城区建设用地集约利用进行评价;其次,探讨城市建设用地规模作用机理,构建系统动力学因果关系图,利用回归分析和C-D函数确定变量的关系式,将土地集约度作为约束条件,利用2001—2016年统计年鉴数据,通过系统动力学模型对2015年四平市城市建设用地规模进行仿真,并对2030年四平市城市建设用地规模进行预测。[结果](1)土地集约度在40~60,到2030年城市建设用地规模、全市耕地面积、人口、GDP较2015年分别变化22.02%、-5.50%、0.16%、161.92%;(2)土地集约度在60~80,到2030年城市建设用地规模、全市耕地面积、人口、GDP较2015年分别变化12.98%、-4.26%、1.12%、188.62%;(3)土地集约度在80~100,到2030年城市建设用地规模、全市耕地面积、人口、GDP较2015年分别变化5.43%、-2.49%、1.53%、254.08%。[结论]2015年四平中心城区集约利用区面积仅占15.91%,中度集约利用区面积占22.50%,低度集约利用区面积占61.59%,说明目前四平城市用地效率低下;今后四平市应提高土地利用率,转变城市发展模式,应将土地集约度作为约束条件,预测四平市城市建设用地规模;该研究既保护了耕地资源,又推动城市由外延扩张向内涵提升转变,为实现四平市城市转型和精明增长双赢提供技术支撑。     

对城郊集体土地征用补偿问题的思考

针对城市化进程中城市扩张对城郊集体土地的大量征用，鉴于城郊土地的区位及权属特殊性，本文侧重讨论了城郊农用地和非农建设用地的征用补偿经济标；隹、法律程序问题并提出了相关建议。     

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.