Institutionalization of common land property in Portugal: Tragic trends between “Commons” and “Anticommons”

The use and exploitation of natural resources is generally structured by institutions, especially by property institutions. The main objective of this paper is to present a diachronic analysis of the institutionalization of common land property in Portugal. The several types of ownership may be largely explained by common land history. We intend to draw an outline of the emergence, evolution and transition of common land from the late nineteenth century to the present day, using the matrix proposed by Heller. The economic problem of the optimal level of appropriation is recurrent in studies that analyze the economic implications of property rights. Thus, it is imperative to analyze whether or not the dimension of common land ownership is relevant to its efficient exploitation.In essence, we infer that common land ownership in the 1st period (1850–1926) may be classified as limited-access commons (limited access to commoners) with a relatively small average size of 50 ha. This common land was primarily used for grazing, firewood collecting and shrub extraction. In the second period (1926–1974), the State dictatorship invoked the public interest (forest easements) and took possession of more than 80% of common land, promoting the transition from limited-access commons to state ownership. The units of commons were aggregated in forest perimeters for Silviculture activity, the average size being greater than 3400 ha. Finally, we analyzed the institutionalization of common land ownership in the period after the democratic revolution on April 25th 1974. We concluded that the incipient legal and institutional frameworks revealed an inability to integrate an effective title to these territories to give way to a better classification of limited-exclusion anticommons. The Heller matrix approach revealed to be a useful tool, however insufficient to study holistically Portuguese common land institutionalization. In our preliminary conclusions the Heller matrix appears to be an ill-posed problem (no continuum). It allows for the reversibility between different property regimes that involve great simplifications in the epistemology of property rights.     

Pastoralism within land administration in Kenya—The missing link

In land administration (LA), the right to exercising property/ownership rights on land is based on cadastral processes of adjudication, survey and rights registration. Private ownership rights are now being taken up in pastoral areas, where they must contend with pastoralists’ land rights. Pastoral land use requires seasonal migrations determined by climatic conditions. This study aimed to find out how well the existing land laws and property rights in LA are able to serve the requirements of pastoralists land use, identify mismatches and put forward possible solutions. A case study was carried out in the Samburu–Laikipia–Isiolo–Meru landscape in Kenya. Data on the degree of livestock dependency among pastoralist communities, the spatial extent and patterns of dry season migrations, the resulting encounters between herders’ and non-pastoralist land use actors, and the perceptions of land rights held by actors were collected through a variety of methods and analysed. The results show that pastoralism is still active. The migration corridors reveal that herders maintain extensive dry season mobility, even though some of the corridors currently overlap with areas where land is privately owned by non-pastoralist land use actors. Moreover, the results show that most non-pastoralist land use actors have their land rights registered, but seasonal encounters with migrating pastoralists persist as pastoralists continue to exercise customary rights of communal use. We conclude that existing land laws and property rights in LA are suitable for sedentary land use, but do not address how to serve pastoralists land rights in time and space. The pastoralist's migration routes and patterns obtained indicated that it is possible to predict where pastoralists will be at a given time/drought period. This information could be used by decision makers and land administrators to identify where and when pastoralists’ land rights apply. This could provide the foundation for including pastoralists’ spatiotemporal land rights in LA. Arguments emphasize that adjudication, surveys and registration of rights should focus not only on ownership and full control of land, but also on defined periods when spatiotemporal mobility and access rights could be granted to pastoralists.     

Managing China's pastoral lands: Current problems and future prospects

China has the second largest area of pastoral land in the world, and these lands and their peoples play a very beneficial role in the global environment. Because of China's huge population, rate of social reform, and economic development, the pastoral ecosystems are at a critical turning point. There is a conflict between national benefit and the land users (mainly herders) benefit. This paper introduces the scale of pastoral land, the history of its management institutions, past and current projects and programs, as well as the current framework of policy and law as relevant to land management. The challenges for pastoral management in terms of institutions, administration, technology and their shifting role in regional economies of scale are also analyzed. Opportunities for sustainable development in China's pastoral lands are presented. Finally, this paper highlights the available approaches for enhancing livelihoods and conserving pastoral land, including establishment of law and policy framework at the national level, redefining use rights for community management, promoting Integrated Ecosystem Management (IEM) as a basis for natural resource utilization, preserving and respecting cultural aspects of pastoral peoples, and shifting the focus from GDP generation to environmental protection.     

An assessment of the implications of alternative scales of communal land tenure formalization in pastoral systems

Pastoralism faces diverse challenges, that include, among others, land tenure insecurity, that has necessitated the need to formalize land rights. Some governments have started regularizing rights for privately owned land, but this is complex to implement in pastoral areas where resources are used and managed collectively. Our aim was to assess how the scale of communal land tenure recognition in pastoralist systems may affect tradeoffs among objectives such as tenure security, flexibility, mobility, and reduction of conflicts. We used a participatory scenario-building approach to investigate alternative scenarios of land tenure recognition in southern Ethiopia where a new communal land tenure system is in the early stages of implementation. Through key informant interviews, focus group discussions, and a workshop, respondents analyzed the likely outcomes of communal land tenure recognition at different scales. Our findings suggest that there is a good chance of success when the tenure policy is embedded onto customary structures. All scales have some shortcomings, but Reera seems best, yet pastoralists preferred the Dheeda which despite its challenges, is the best for maintaining flexible mobility. There are multiple uncertainties and complexities, which suggest the for multi-pronged approaches and various support mechanisms when implementing a formal land tenure system in these areas.     

A multi-criteria model for land valuation in the land consolidation

Land consolidation is an effective technique in land management that contributes to sustainable rural development. Land valuation is one of the most important steps in land consolidation because it plays an important role in the reallocation process. Land valuation is also an important problem in Turkey as in many countries in the world. Because the lands will be reallocated at the end of the consolidation process, it is very important to determine the precise value of each parcel. However, the methods used in land valuation in many countries lag behind current techniques and technologies. For this reason, a new method for land valuation is needed. The purpose of this study was to develop a new model based on multi-criteria calculations that is suitable for today's technologies and addresses the weakness in the current land valuation methods. In a case study of Solak, Antalya, Turkey, we identified fourteen key land value factors. Those factors were assigned weights by the Land Valuation Committee, academic staff, engineers, and local landowners. The weights were then integrated into a framework called the Land Quality Index. The land quality index factors are the criteria for evaluating the geographical, physical, and socio-economic structure of the region. The scores for each factor on each parcel were determined using GIS software. The total score of fourteen factors was then converted to a 100-point scale, that comprised the Land Quality Index. The land value of each parcel was determined by adding the soil index to the Land Quality Index. In our study, we also created three different models to investigate how the parameters were apportioned during the land valuation. We found that, while the current method used by the government agency (General Directorate of State Hydraulic Works) classified the lands into five groups, our methods classified the lands into 17, 20, 24 groups, respectively. In addition, while the deduction rate was 4.97 % in the current method, they were 4.89 %, 4.86 % and 4.85 % in our new models, respectively. The method we proposed in this study determined land values more accurately, precisely, and fairly compared to current method used by General Directorate of State Hydraulic Works. It is suggested that our models could be used instead of the current method in the land consolidation works in Turkey.     

Generic land registry and cadastre data model supporting interoperability based on international standards for Turkey

Managing land information effectively is a key factor in achieving successful land administration and sustainable land development. To manage land, each government has a land policy and administration system. A land administration system (LAS) enables identification, registration and sharing of information about land in compliance with land policies by using information technologies effectively. In this context, land information systems (LISs) are designed to fulfill the requirements related to land, to provide tenure assurance and to manage natural resources sustainably. In Turkey, the necessity of information technologies and geographic information systems (GIS) was recognised by public institutions in the early 1990s. The Land Registry and Cadastre Information System Project (TAKBIS in Turkish) started to manage land registry and cadastre data and processes throughout Turkey. By using a standard framework, the project aimed to digitise land registry and cadastre data and to perform all activities and queries in a digital environment. However, the project did not reach the expected level of success because the data infrastructure was not standardised and did not meet the data requirements of other stakeholders at the national and international level.On the other hand, studies of a new e-government project called Turkish National GIS (TUCBS in Turkish) was initiated to establish a national geographic data infrastructure (GDI) which allows efficient management of geographic data and corresponds to national-level user requirements and Infrastructure for Spatial Information in Europe (INSPIRE) specifications. In this study, to provide data interoperability among different institutions and meet stakeholder needs, the data model of the Land Registry and Cadastre Data Theme is examined and improved. Within the design process, the ISO 19152 Land Administration Domain Model (LADM) and INSPIRE Cadastral Parcels are examined and applied as the baseline international standards. In addition, main land and land group parcel types in the Turkish cadastral system, the main rights, restrictions and responsibilities related to land in the Turkish registration system, mortgages established over rights, cadastral maps, standard subdivision of two-dimensional (2D) space with special names, surveyed point and monumentation types were explained briefly within the revised land registry and cadastre data model. As a case study, data sets from different sources were transformed to open data sets compatible with the model. This model enables data interoperability in land-related applications. However, models should be kept as simple as possible for effective data transformation and management.     

Redefining property rights over collective land in the urban redevelopment of Shenzhen,China

Urban development in China is based on two types of land ownership, namely, state land owned by states and collective land owned by village collectives. Legally speaking, urban development must be based on state land. In practice, informal development based on collective land has played important roles in the rapid urbanization process over the past decades. Nonetheless, the vague property rights over collective land have led to inferior and suboptimal development outcomes in expansive urban areas. The redevelopment of collective land has become an important means to sustain urban development in an ongoing urbanization process. By adopting theoretical perspectives from New Institutional Economics, this study presents an integrated conceptual framework on the institutional arrangements of land property rights and transaction costs to understand the changes in land policies and their institutional implications for the redevelopment of collective land in Shenzhen, China. The findings reveal that the new policies have redefined the relationship among the government, village collectives, and real estate developers as well as their property rights over collective land. The change of institutional arrangements in land property rights has significantly reduced the transaction costs in the redevelopment process and effectively promoted land redevelopment activities.     

Extra-legal land market dynamics on a Guatemalan agricultural frontier: Implications for neoliberal land policies

Neoliberal land policies such as land administration seek to improve property rights and the efficiency of land markets to boost rural economic production. Quantitative studies of pre-existing land markets can help planners to tailor these policies to local conditions. In this article we examine an extra-legal land market currently being modernized by a World Bank-sponsored land administration effort. Specifically, we use a hedonic-type revealed preference model and household survey data to estimate the factors affecting extra-legal land prices along an agricultural frontier in Petén, Guatemala. Our model indicates that land value is significantly affected by land attributes including location, tenure status, presence of water, distance to roads, and distance to landowners’ homes, and that land prices in the northwestern Petén are estimated to have risen on average 26.5% per year between 1977 and 2000. We contend that this rate of increase provides a strong incentive for colonists to speculate in land rather than invest in state sanctioned property rights. We conclude that if frontier development programs, such as land administration, are to become attractive to settlers in Petén and elsewhere, they must compete favorably with economic incentives associated with land speculation, or alternatively, target landowners who are not interested in playing the land market.     

Locating the adverse effects of rangeland enclosure among herders in eastern Ethiopia

This paper examines the effects of rangeland enclosure on herders’ livelihoods and property rights. The analysis is based on the household survey and focus group discussions among pastoral and agropastoral households (from three administrative districts in eastern Ethiopia) who have practiced enclosure and who have been affected by practices of others. Such an examination helps anticipate whether enclosure practice assists in attaining income security and ensuring household welfare by supporting livestock development. Results have shown that expansion of enclosure leads to the emergence of incompatible demands (conflict of interest) over the resource and unstable property rights to the grazing commons. Though private benefits from enclosure produce an incentive for households to practice it, its expansion does not generally increase the welfare of (agro-) pastoral community in the longer-term. Hence, land use policies that favor private use of the rangeland, using land enclosure as an entry point, can potentially harm pastoral livelihoods rather than supporting sustainable pastoral development.     

Examining gender inequalities in land rights indicators in Asia

A broad consensus has emerged among both policymakers and researchers that strengthening women's property rights is crucial for reducing poverty and achieving equitable growth. Despite the important role of land in rural livelihoods and as a form of wealth in many Asian countries, surprisingly few nationally representative data exist on women's property rights in Asia.This paucity hinders the formulation and implementation of appropriate policies to reduce gender gaps in land rights. This article reviews the existing micro‐level, large sample data on men's and women's control of land, identifies what can and cannot be measured by these data, and uses these measures to assess the gaps in the land rights of women and men. Utilizing nationally representative individual‐ and plot‐level data from Bangladesh, Tajikistan, Vietnam, and Timor‐Leste, we calculate five indicators: incidence of landownership, distribution of landownership, distribution of plots owned, mean plot size, and distribution of land area, all by sex of owner. The results show large gender gaps in landownership across countries. However, the limited information on joint and individual ownership are among the most critical data gaps and thus are an important area for future data collection and analysis.     

Land use regulation and urban land value: Evidence from China

Land use regulation has always been regarded as one of the most crucial means of macro-control of urban growth, which can affect a city’s land values directly and further determine related urban economic well-being. Since the New Type Urbanization Strategy proposed by the government in 2014, China’s mode of urban growth has been transformed from addressing “quantity” to “quality" in the urbanization process. In this case, the regulation of land use by the Chinese government plays a more important role in urban growth. With their planned land regulatory scheme, the various instruments employed by Chinese governments have quite different mechanisms influencing land prices. However, there are no rigorous studies focusing on the land use regulation system and its impact on land values to date, particular in China. This study seeks to explore how land use regulation affects urban land values through the systematic lens. We summarize the main land use regulatory instruments based on the analysis of China’s planned land use system and urban land banking system, including the construction land quota, constraints on the allowed floor area ratio (FAR) of each land transaction parcel, and land supply restrictions. A new dataset based on land transaction data from 2007 to 2016 that covers 286 prefectural cities from the country’s coastal, central, and western regions is used in the empirical analysis. The results show that the effects of the floor area ratio (FAR) on land values are significant and positive, with the residential and commercial land supply ratio being a key factor. Moreover, the results imply that the effects of constraints on FAR and commercial land supply vary between regions. These findings indicate that the Chinese land market is considerably distorted by excessive administrative interventions by local governments, in the stage of urban transition guided, the capable regulatory instruments could play an important role in adjusting urban land prices and hence impact on urban growth.     

The Farmland Rental Paradox: Extreme land ownership fragmentation as a new form of land degradation

Extreme farmland ownership fragmentation is becoming a limiting factor for sustainable land management in some countries. Scattered, excessively small parcels cease to be viable for individual farming, and owners feel forced to rent these parcels to larger enterprises farming on adjacent land. Our study demonstrates a phenomenon that we call the Farmland Rental Paradox, where very small parcels tend to create large production blocks by being rented to larger farmers, and therefore to significantly homogenize the land-use pattern. The parcel size established as the threshold for this phenomenon is 1.07 ha. Below this threshold, the smaller the parcels were, the larger the blocks that they tended to create.Using the example of the Czech Republic, a state with extremely high farmland ownership fragmentation, it is demonstrated that this phenomenon can currently determine the land use of up to 40% of the country's farmland. Our study also points to other countries where this phenomenon may apply, especially the transitional countries of Central and Eastern Europe.The study discusses the tempo of the fragmentation process, which accelerates exponentially in countries with the equal inheritance system. It goes on to discuss defragmentation, social impacts of the dominance of the land rental market, and environmental impacts of significant homogenization of the land-use pattern. The serious negative impacts of extreme land-ownership fragmentation show that this phenomenon can be considered as a significant form of land degradation.     

When collective action and tenure allocations collide: Outcomes from community forests in Quintana Roo,Mexico and Petén,Guatemala

Based on a comparative case study of four community forestry enterprises in Guatemala and Mexico, we examine the relationship between user group characteristics and state allocation of tenure bundles. Using Schlager and Ostrom's four levels of tenure bundles and collective action theory, we illustrate how tenure bundles and collective action costs interact to either promote or create disincentives for conservation and communal economic benefits. We suggest that in communities with high costs for collective action, a tenure bundle that includes management, withdrawal and exclusion rights yet omits alienation rights may be optimal for community forestry. We also demonstrate how unclear allocation of rights can result in local interpretations of land rights that do support collective action.     

A geometric and semantic evaluation of 3D data sourcing methods for land and property information

Urbanisation, the development of high-rise apartments and the advent of complex building structures creates unique challenges that cannot be met by 2D land and property information. These include inter-related titles and complex plans relating to (i) the land parcel and (ii) the building, both internal (indoor plans) and external attributes (roof and façade). Incorporating the third dimension into the land development cycle can potentially address such challenges by providing data that describes both the land parcel and building in 3D. This move towards 3D data administration requires the development of new 3D data processes, including 3D data sourcing, which forms the focus of this research. Following an examination of current 2D methods in land and property information registration, a framework of the requirements for sourcing 3D land and property information is suggested and potential methods are discussed. Focussing on the geometric and semantic components an evaluation of the methods is developed and applied. The results highlight methods based on photogrammetry, laser scanning, mobile mapping, Unmanned Aerial Systems (UAS) and Building Information Modelling (BIM) to source integrated 3D information for both the internal and external attributes of a building and corresponding land parcel.     

The interrelations of land ownership,soil protection and privileges of capital in the aspect of land take

The novelty of this study lies in the analyses of legislation concerning land use policies by examining the specific boundary between land ownership and land take. The basic motive was that the European Commission (EC) withdrew the Soil Framework Directive (SFD) in 2014 following the objections of certain Member States (MS) who countered that as most lands are privately owned, they should not fall under the remit of public governance. Since the withdrawal of the SFD land take is an issue receiving more attention. The legal content of ownership rights has been subjected to constant debate in the context of land-use policies and planning practices, which raises the questions of who decides how the land can be used and whether administrative authorities give priority to non-agricultural uses. Our study seeks to explore these issues through the lens of property law by comparing different legislations on access to land on three levels of policy implementation: the EU, the national, and the local levels. MS legislations are highlighted through the example of Hungary in two aspects: (1) regulation regarding Access to Land and Land Ownership Rights (ALOR), and (2) legislation and results of the LANDSUPPORT decision support system concerning Land Take Changes (LTC). We designed figures to demonstrate how policymakers can use the new LANDSUPPORT platform to show the gaps and inconsistencies among the above aspects. We found that the legislative regulations concerning private land use to achieve soil protection objectives remain the weakest link in the environmental protection legislation of the EU. Anxieties concerning built-in legal guarantees on each of the studied levels actualise our research. Currently, global land management is not on the political table although common European legislation might be able to preserve land for agricultural use.     

Chinese land policies and farmers’ adoption of organic fertilizer for saline soils

Soil salinization has become a global concern and poses a great threat to food production and sustainable land use. Land use policies are the main driver of saline soil farmland use in ecosystems. This paper proposes a theoretical framework for analyzing how saline soil farmland use is affected by land use practices of individual farm households. An empirical study, using an ordered probit model, was conducted based on questionnaire responses from farm households in 8 towns and 14 villages in eco-fragile areas in Shandong, Jilin and Xinjiang provinces. The results suggest that land tenure, state systems agricultural support, characteristics of a field parcel and characteristics of the farm households have different influences on farmer's land use in three regions. The adoption of organic fertilizer by individual households is constrained by the lack of stability and integrity in land tenure. Furthermore, the parcel of a field is generally small, sparsely distributed and often fragmented, which increases costs. Even subsidizing organic fertilizer does not necessarily help in its adoption. Given these challenges, this study makes recommendations for different regions that may promote the adoption of improved saline soil farmland cultivation methods by farmers.     

Assembling land for urban revitalization in the presence of linchpin parcels and information asymmetries: An experimental investigation

This study uses economic experiments to determine if information asymmetries are likely to frustrate government efforts to assemble land for urban revitalization when there is a linchpin parcel that must be acquired to move a development project forward. Results suggest holdout behavior is more pronounced when landowners know a linchpin parcel exists. Surprisingly, landowners who know they control such parcels are found to be more willing to sell than those who are uncertain about the strategic importance of their properties. These observations raise interesting questions about the nature of holdout problems and how they can potentially be overcome by approaching land assembly in a transparent manner.     

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.     

Market-based grazing land transfers and customary institutions in the management of rangelands: Two case studies on the Qinghai-Tibetan Plateau

Beginning in the early 1990’s, grazing lands once held in common were contracted to individual households in the rangeland regions of China. The resulting fragmentation of rangelands has led to ecological and social problems. As China seeks to address intractable poverty and rangeland degradation, attention has turned to rental, or transfer, of contracted grazing land as a market-based approach to re-aggregating grazing land into larger units that support economies of scale. However, given that many pastoral regions still maintain community customary institutions, what the relationship between market mechanisms and local customary institutions should be in rangeland management needs further analysis. This paper applies comparative case studies of two types of relationships between market mechanisms and customary institutions: (1) market mechanisms that replace customary institutions in the case of Axi village, and (2) market mechanisms that are embedded within customary institutions in Xiareer village. This allows contrast of the impacts of differing approaches on livelihoods, livestock production, and wealth differentiation among pastoral households. We found that there is a higher level of livestock mortality, lower livestock productivity, and higher livestock production cost in Axi Village compared to Xiareer Village. In addition, household asset levels are higher and there is less income differentiation in Xiareer Village. It is concluded that embedding market mechanisms within customary institutions has had notable benefits for the herders of Xiareer Village, because it is a better fit to the coupled pastoral social-ecological system. Based on these findings, we argue that in pastoral communities where the rangeland transfer system for contracted grazing land has not yet been implemented, it is critical to reconsider China’s current policy approach to pay greater attention to the innovative management systems being developed in local regions. Instead of considering market-based approaches as oppositional to traditional institutions, options that derive from the interaction of market-based and customary institutions should be considered.     

Ideal type theories and concrete cases in land science: A multi-step appraisal of the evolutionary theory of land rights in Madre de Dios,Peru

The relationships of regional integration, land tenure and land use have all received substantial previous attention. Nonetheless, existing theoretical frameworks tend to presume ideal types of land tenure in understanding the impacts of regional integration on change in institutions and land use. We therefore evaluate the evolutionary theory of land rights (ETLR) for the case of Madre de Dios, Peru. This is a useful case since tenure for agricultural lands is private individual as the ETLR theorizes, but other characteristics, such as the presence of forest extractivism, depart from the assumptions of the ETLR. We pursue a multi-step analysis of key relationships of the ETLR, focusing particularly on the linkages between highway paving as an indicator of regional integration, titling as a measure of tenure formality, multiple indicators of land market engagement, and land uses with diverse ramifications for ecological sustainability. Findings for the different steps partially support the ETLR for the case of Madre de Dios. Disconfirmation however sometimes occurs due to geographic accidents rather than due to truly contrasting findings. We conclude by discussing the need to identify characteristics of empirical cases that do and do not fit the expectations of theories in order to better evaluate the applicability of theory for analysis and policy.