Introduction to the ARES Monograph on Indigenous Peoples and Real Estate Valuation

Abstract

The American Real Estate Society (ARES) sponsored this monograph dedicated to Indigenous Peoples and Real Estate Valuation. A variety of indigenous property topics and issues affecting numerous countries is presented here. From the issues caused by spread of cities into indigenously owned land, to issues of land claims of former indigenously occupied land, this monograph covers several property issues that have emerged throughout the world. Indigenous Peoples and Real Estate Valuation provides 12 chapters by 17 authors that include timely research on these complex topics and also some policy suggestions and case studies that can be of use to government leaders, developers, lenders, urban planners, and industry professionals. When two or more different systems of property ownership or rights come together, issues and even conflicts are bound to surface. In many parts of the world, particularly in developing countries, this is becoming a big problem, while in other parts of the world the conflicting viewpoints have long coexisted, but reparation of past conflicts has more recently become a pressing matter. Numerous indigenous issues that affect property rights and valuation emerge in this volume.These issues and conflicts include, but are not limited to, the following: ancestral burial, historical record of occupancy, plebiscite decisionmaking, current occupation, treaty implementation problems, layers of occupation, eminent domain, large governmental change, dealing with and financing projects under formal and informal title or deed document systems, rights attached to ownership vs. nonexclusive use rights, age and size of land claims, public land ownership, tribal or family land claim rights and policies, insurgency or war in the country or with neighbors, legal value & legal system of ownership, prior government expropriation of lands,moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be grouped into broader topics, such as conflict between indigenous and Western property rights, communal land