Determining the property ownership on cadastral works in Turkey

The transformation process from state to civil ownership in Turkey was started at the end of the Ottoman Empire and continued until after the formation of Turkish Republic. In this process, in accordance with the Civil Code legislation, most land users who had been using state lands were regarded as owners of those lands. These parcels of real estate were used in various ways and it became necessary to register these properties by using a process called ‘written cadastre’. The initial process was slowed down during World War II but an intensive cadastral program was begun after the war in both urban and rural areas, particularly in 1950s. The cadastre work had two components called technical and legal. The definition of land ownership is the legal foundation of the cadastre. If properties have their titles, land ownership can be defined based on the title; otherwise the ownership can be defined according to statements by experts chosen from local people. However, without title or written evidence, determining the land ownership is more problematic. In this context, this study explains how the ownership of properties, with or without a title, is determined in cadastral work in Turkey.     

永安市集体林权制度改革的绩效分析

在全面推行、深化集体林权制度改革的背景下,前期改革的实施情况和成效日益成为研究的热点。本文依托国家林业局集体林权制度改革跟踪监测课题的调查情况,以福建省永安市为研究对象,从林地经营的投入、产出,林地的流转,林改的满意度和政策需求等方面,探讨集体林权制度改革的成效。研究结果发现:集体林权制度改革增加了林农的林业生产收入,拓宽了林业融资渠道;同时也导致林业投入的增加,林业合作组织的出现和加强。最后指出提高永安市集体林权制度改革绩效的政策方向。     

Which smallholders are willing to adopt Acacia mangium under long-term contracts? Evidence from a choice experiment study in Indonesia

Smallholder ownership of forests has grown rapidly over the last 25 years, leading to global forest transition; however, incentives are required to keep smallholders growing trees under long-term afforestation contracts. This article reports on smallholders’ willingness to join afforestation programs, growing Acacia mangium under contract on their private farmland. In a Choice Experiment, we examine the effects of policy attributes of afforestation contracts, including contract duration, labour participation, timber insurance, training opportunities, road improvement, and expected income. We report the marginal value of changes in monetary terms. A scale-extended latent class model was used to analyse preference heterogeneity in data of 323 smallholders from three different regions in Indonesia (West Kalimantan, Yogyakarta, and South Sumatera). These regions are at different forest transition stages. Our results indicate that there are four latent preference classes, which value attributes of the contract differently. Individual characteristics (risk orientation, tree growing experiences, and occupation), and regional differences explain the probability of preference class membership. Our findings have important implications for enhancing afforestation strategies that improve social welfare of smallholders in various forest transition stages.     

Farmers and their groves: Will cost inefficiency lead to land use change?

Increased forest areas and climate change mitigation are policy goals enhanced by expanding private forest ownership. This study shows transfer of land from farms owning forested acreage associated with low quality land and high production costs achieves such goals. Calculated cost efficiency scores show a large gap between the most and least efficient farms, and farms with forests are less cost efficient. Land reforestation through subsidy programs could replace income from agricultural production. We illustrate that farms from the applied FADN panel could reforest 45,000 hectares, binding about 0.5 mln tons of carbon annually without limiting food or feed supply.     

The effectiveness of state preferential property tax programs in conserving forests: Comparisons,measurements, and challenges

Forest property taxes have been identified as one of the major driving forces behind forest loss and parcelization. Among various policy alternatives for reducing the burden of forest property taxes on landowners, preferential property tax programs have been widely used across states. Existing research has mostly focused on individual property tax programs, particularly those based on current use valuation, while little has been done to document, analyze and compare programs across states. By examining survey data from state preferential property tax program administrators across the United States, this paper describes the commonalities and differences among states regarding their preferential property tax programs, provides a preliminary understanding of the relationship between state preferential property tax policy and trends in private forest conditions, and identifies issues related to the effectiveness of state preferential property tax programs and private forest land management and conservation. Our analysis revealed three fundamental disconnects: (1) Program attributes that were previously considered to be important for preferential property tax programs to be effective in retaining forest land and fostering management did not consistently correlate with program effectiveness as viewed by the administrators of these programs; (2) These program attributes did not consistently correlate with actual program effectiveness as measured at the state level by forest trend indicators used in this study (i.e., change in private forest land cover, change in average size of private forest holdings, extent to which private forest land is being actively managed); and (3) The self-assessed program effectiveness did not consistently correlate with actual program effectiveness, either. The various ways in which the effectiveness of preferential property tax programs is defined and measured contribute to explaining these disconnects. It is particularly important for researchers and policy makers to be explicit about how they define and measure effectiveness and the scale on which they conduct their analysis before assessing and comparing programs or suggesting improvement strategies.     

The dynamics of rural land use change: The case of private sector afforestation in Scotland

This paper reports results from a study of the effects of private sector afforestation schemes in Scotland in the 10-year period beginning 1975. Such schemes have had relatively minor effects on agriculture and other land uses. Although new planting is associated with instability of land ownership and in many instances involves considerable upheavals in land management, there was no reduction in sheep numbers in more than half of the sample cases. Statistically significant variations were found between stock displacement and several variables such as type of owner and management, recent history of land ownership, the size of the area planted and its characteristics of soil and land capability.     

Enhancing ecosystem services through afforestation: How policy can help

We employ an integrated spatial economic model to assess the net private and public benefits of converting marginal agricultural land into forest plantations (afforestation) in New Zealand. For numerous locations, we conduct policy analysis considering the magnitudes of net private and public benefits of land use changes to determine whether a policy response is justified and, if so, to identify the appropriate policy instruments to encourage adoption of afforestation. Net private benefit is commonly negative, so much so, that in most cases no policy response is justified. However, in certain cases, net private benefits are slightly negative and public benefits are significantly positive justifying the use of positive incentives as the most appropriate policy instrument to encourage afforestation in New Zealand. The most commonly used policy instruments for afforestation in New Zealand, extension and awareness training, are found to be appropriate in only a minority of situations.     

Property taxation and rural land values: Their effect on private forestland ownership structure in Texas

The objective of this study was to estimate the effect of property tax and rural land market value on the ownership structure of private forestland in Texas. Using county-level panel data in an Instrumental Variable regression framework, we estimated the effect of property tax rate and rural land value on two measures of ownership fragmentation: the total number of private forest landowners and the average size of private forest holdings. The results indicate that after controlling for the total amount of private forest area in a county, both property tax rates and rural land values increased ownership fragmentation. However, the rate of ownership fragmentation was relatively inelastic in both property tax rate and rural land value. While further restructuring local property tax rates might minimize the negative effect on private ownership dynamics, policy instruments that decrease the disparity between productivity value and market value of rural forestland might be needed to check the ongoing ownership fragmentation in Texas and elsewhere in the United States.     

Conversion of agricultural and forest land to other purposes in the context of land protection: Evidence from Polish experience

The protection of agricultural land and forests is a relatively new concept in Poland, and it began with forest protection in the 1920s. The first regulations on the protection of agricultural land were introduced only in the 1960s. Agricultural land and forests received comprehensive protection pursuant to the provisions of the Act of 26 October 1977 on the protection of agricultural land, forests and land recultivation. This legal act set the foundations for the protection of farmland and forests in successive decades.The aim of this study was to determine the influence of farmland and forest protection on spatial planning and to highlight the loss of agricultural and forest land resulting from conversion to other purposes. Legal regulations pertaining to spatial planning and the protection of agricultural and land forests were analysed. The scale of the problem was identified, and future land-use types were forecast based on the data developed by Statistics Poland (GUS). The existing spatial plans (municipal master plan - MMP) were analysed to determine the conversion loss index (CLI) associated with the conversion of agricultural land and forests to other uses. Legal regulations pertaining to the protection of agricultural land and forests were also analysed, and the extent of the relevant conversion measures was determined. The study demonstrated that urban development and the inevitable urbanization of rural areas contribute to the loss of agricultural and forest land that are converted to other uses.     

Governance of non-wood forest products in Russia and Ukraine: Institutional rules,stakeholder arrangements,and decision-making processes

Aspects of governance of non-wood forest products (NWFPs) include institutional rules, stakeholder arrangements, and decision-making processes that govern production systems from access to resources, their use, and to markets. Compared with other forest products, few studies have investigated the governance of NWFPs in European post-socialistic countries transitioning from a planned to a market economy. This study compares institutional frameworks and stakeholder arrangements related to NWFPs in Russia and Ukraine using a case study approach. Both countries have a legacy of top-down forest government, state-owned forests, and rural communities with a long dependence on plant- and animal-based NWFPs. We analysed legal documents for NWFPs in each country and conducted expert interviews with stakeholders from the public, private, and civil sectors involved in the decision-making process of NWFPs. Institutional frameworks for NWFPs in both countries are complex, unclear, and overlap. Multiple legal documents contain restrictions regarding the extraction and sustainability of NWFPs. However, no special laws or policies are solely for NWFPs; all measures are included in legislation that regulates nature conservation and forest management. The government of both countries tends to overlook non-industrial forest use undertaken by marginal local communities, even if economic, social, and cultural values of NWFPs are relatively high for local and regional development. A misfit is observed between legal frameworks and forest companies’ business policies with customary rights. This phenomenon caused a shift to introduce new stakeholder arrangements related to NWFPs as a special type of resource in areas where NWFPs are heavily used both for subsistence and for generating household income by local communities. Landscape approach initiatives such as model forests and biosphere reserves may empower local communities to find means to protect their rights, needs, interests, and values related to NWFPs.     

关于完善林权法律制度的思考

通过考察林权一词在党和政府文件中的使用情况,可以看出林权的内容随着社会经济的发展在不断丰富,但是林权的内涵和外延却始终没有一个准确的法律界定,这种状况妨碍了林权的流转,影响了林业改革的深入,通过对现行法律制度中有关森林、林木、林地所有权和使用权、林地承包经营权等制度设定方面问题的分析,表明当前亟需通过法律明确林权权利性质及其内容、完善林权权利的登记和保护制度,保障林业经济的持续健康发展。     

Effects of the private land acquisition process and costs on mining enterprises before mining operation activities in Turkey

According to the mining legislation in Turkey, different permits must be obtained from the authorized institutions or to reach an agreement with a private landowner according to whether there is private or public land for mining. If the landowner and the mining investor do not agree, the expropriation is conducted if the public interest is observed in the mining operation. There is no doubt that the rights of landowners should be adequately ensured by legislation. However, there are cases where land ownership problems cannot be solved in areas that overlap with mining areas and are subject to private ownership. The expropriation permit process may sometimes last 1.5–2 years. Therefore, mining enterprises are unable to start production activities and risk losing their investments. Especially for the reasons related to private landowners and experts, private land acquisition/expropriation costs for mining activities are quite high compared with the market.To identify and produce solutions to the legal problems in Turkey, in May, June, and July of 2018, a survey study was conducted to ask mining enterprises about their problems in private land acquisition and the costs for them. The mining sector in Turkey expects that all applicable legislations will be proposed in a manner that does not waste the time of the mining investor and that the private land acquisition/expropriation costs will be reduced in a manner that does not pose a risk of mining investment. In this respect, the ratio of expropriation costs to the mining investment amount (MIA) was analyzed according to the different mineral groups and the social and economic development level of the cities where mining was conducted. Based on this research, legislation practices also have negative effects on mining enterprises, on the expropriation costs and the expropriation permit processes.     

Public support effect on natural disaster management: A case study of ice storms in forests in Slovenia

In the last decade Slovenia has experienced more frequent natural disasters in forests. The most severe and widespread one that affected Slovenian forests, which cover more than a half of Slovenian territory, was a large-scale ice storm in early February 2014. This study aims to investigate the effect of the public support on the recovery of forest farms affected by the 2014 ice storm. Analyses focus particularly on the ability of Slovenian forest farms’ income recovery in a short-time period. The economic resilience of forest farms in the absence of forest disaster payments due to the absence of legal certainty for disaster aid in 2014 and 2015 provides an interesting framework for identifying the income effect of Common Agricultural Policy (CAP) payments. The Farm Accountancy Data Network has been used with applied statistical and regression methods to estimate the public support effect on selected woodland area size samples. Results suggest a positive effect of CAP payments on farm income recovery. The magnitude of the effect is high and significant for the less favoured area and disaster payments that were given for farm production loss in the 2013 drought. Although the magnitude of the effect is weak, investment payments show a significant positive effect on farm income recovery for all studied forest farm samples.     

Private property and Mennonites are major drivers of forest cover loss in central Yucatan Peninsula,Mexico

The role of land tenure and Mennonites as drivers of deforestation in the Central Yucatan Peninsula has not been empirically assessed. We evaluate different drivers and their relationship to forest cover change between 1986 and 2015 and assess how land tenure and Mennonite communities impact forest cover loss in the Municipality of Hopelchen, Campeche, Mexico. This study shows that forest cover loss has increased in the last decade (2005–2015), and that land tenure regime type is associated with this loss. Throughout the study period, statistical comparisons show rates of forest cover loss were significantly higher in private and federal property compared to forests in ejidos (communal property). Forest cover loss in Mennonite private property was also significantly higher than in non-Mennonite owned private property. The role of land tenure and the expansion of the agroindustrial production model as major drivers of forest cover loss in the region provide important insight into developing municipal land use plans and conservation strategies to reduce deforestation. Programs, incentives and policy directed towards forest conservation in the region that typically target ejido communities, will need to consider the growing trend of private property expansion within federal lands and work more closely with private property owners including Mennonite communities if deforestation reduction programs are to be successful.     

Designing afforestation subsidies that account for the benefits of carbon sequestration: A case study using data from China's Loess Plateau

This paper presents a method for determining the subsidy required to motivate farmers to participate in timber afforestation programs designed to maximize social well-being. The method incorporates a carbon sequestration benefit function into the land expected value model in order to quantify the social benefit arising from carbon sequestration by the planted trees. This is used to calculate the optimal rotation age for newly planted forests that maximizes social utility. The minimum subsidy required to motivate farmers to participate in the afforestation program was calculated using a modified decision model that accounts for the subsidy's impact. The maximum subsidy offered by the government was taken to be the NPV of the carbon sequestration achieved by afforestation. Data on Robinia pseudoacacia L. trees planted on the Loess Plateau were used in an empirical test of the model, which in this case predicts an optimal subsidy of 254.38 yuan/ha over 40 years. This would guarantee the maintenance of forest on land designated for afforestation until they reached the socially optimal rotation age. The method presented herein offers a new framework for designing afforestation subsidy programs that account for the environmental service (specially, the carbon sequestration) provided by forests.     

森林碳汇价值与农户林业收入增长的分析

根据福建省顺昌县农户林业收入的调查数据,从林产品收入、林业服务性收入、林地地租收入、生态公益林补偿收入、其他涉林收入等方面对农户林业收入构成进行分析,发现森林生态效益在农户林业收入中的贡献非常小,仅占0.18%;以现有碳汇市场为参考,通过森林蓄积量换算因子法估算出该县的森林碳汇量及其碳汇价值,指出森林碳汇价值的实现可以有效地增加农户林业生态收入、改善农户的林业收入结构;并探讨了农户森林碳汇价值实现的途径。     

Making community forest management work in northern Vietnam by pioneering participatory action

Transfer of land-use rights from the state to individual households and groups of households to encourage community forest management (CFM) and use of forest resources for livelihood improvement, has been in place in Vietnam since the 1990s. However, to date there has been no evidence of allocation to groups of households as community entities with joint ownership. This paper examines the success of processes tested in four villages in mountainous northern Vietnam to officially secure joint ownership of and exclusive rights to community forest land. After four years, implementation of CFM led to enhanced equality and distribution of benefits, and better protection of forest resources. Household income remained largely unchanged, in part because of loss of income from activities which were now illegal, but also because it was too early for benefits to flow from new forestry initiatives. Active participation of and between village communities in land-use planning and allocation, and a willingness to compromise, particularly on the position of land boundaries, were essential elements to ensuring equity in the distribution of benefits. Lack of enabling processes and experience in the implementation of government policies mean that further support for village communities is needed to fully realize the benefits from joint management of the allocated community forest.     

福建省农户分化对林地流转行为的影响研究

基于集体林权制度改革后福建省10个县(市)274户农户的抽样调查数据,运用二元Logistic回归模型,分别建立农户林地转入模型、转出模型,实证检验农户分化对林地流转的影响。研究将农户分化分为农户收入水平上的分化和农户职业上的分化。研究表明:农户分化对农户林地流转行为影响显著,其中农户收入水平对福建省农户的林地转入行为在统计上有显著的负向影响,同时,对农户林地转出行为也有负向显著的影响;农户职业分化对农户林地转入行为有显著的负向影响,却对农户林地转出有正向影响。基于研究提出以城乡发展一体化推进林地流转、建立林地流转市场、建立健全林地流转保障体系、完善林地产权管理制度、合理引导林地租赁等建议。     

Towards zero deforestation and forest restoration in the Amazon region of Maranhão state,Brazil

The Amazon forest in the state of Maranhão ensures ecosystem services that directly and indirectly affect the life quality of its population and economy, via hydrologic and climatic regulation, among other benefits. Currently, only 25% of the original forest cover (24.7 thousand km²) remains while illegal deforestation persists in a violent process that provokes visible social, economic and environmental harm. Simultaneously, Maranhão has seen record levels of burning, faces a water shortage and fights against the worst social and economic indicators in the country. Conversely, secondary vegetation covers 19.9 thousand km² (27% of deforested area) and is completely unprotected. Contrary to the international commitments assumed by Brazil to combat deforestation and restore forests, some of the political representatives of Maranhão have sought legal mechanisms to further diminish forest cover in public and private areas. To promote the conservation and restoration of Maranhão Amazon Forest, a multi-institutional network of researchers was established in 2015. This viewpoint paper aims to draw attention to this endangered region of the Brazilian Amazon and give science-oriented recommendations to policy makers in order to avoid more setbacks. We argue that Maranhão state must urgently establish a policy of Zero Deforestation, protect secondary forests and comply with the national forest restoration policy, thus ensuring long-term economic sustainability.