Acquisition Of Agricultural Land Research Articles

LEGAL CONSTRUCTION OF PERMITTING PROCEDURE FOR ALIENATION OF AGRICULTURAL LAND PLOTS

ANNOTATION: Introduction. The article is devoted to the issues of legal provision of land to the most efficient owners in Ukraine during the new stage of land relations reform. According to the theory of the social function of ownership, private ownership of land is characterized as social law. The social function of property is based on a combination of individual and social interests, and the harmonization of the latter should be seen as the goal of any agrarian reform. Therefore, various restrictions on the scope of powers of the landowner are allowed. The possibility of public-law restriction of the right of free disposal of land enshrined in the Constitution of Ukraine is associated with the danger that someday due to excessive restrictions the right of private ownership of land may become exhausted, which, in turn, may lead to suppression of free initiative land turnover. Establishing the possibility of legislative restriction of the right of private ownership of land, the Constitution of Ukraine imposes on the state the obligation to fairly regulate the process of interference in the relations of private ownership of land. Based on the above, the study of the balance of private and public interests in the opening of the market of agricultural land has significant scientific relevance. Summary of the main research results. For analysis, the concepts of "public necessity", "common good", "public interest" are used. The concept of the permitting procedure for the alienation of agricultural land is structured. As a model, the experience of Germany is cited, which highlights the provision that land use should simultaneously serve the common good. The alienation of agricultural land is under administrative control. The conclusion of an agreement and a contract relating to this alienation, which creates the relevant binding rights, requires the permission of the state. Permits are issued by executive bodies authorized by the state. The law introduces the preemptive right to purchase agricultural land by those who live and work on the land. This institution of preferential acquisition of agricultural land contributes to the consolidation of agricultural enterprises. Conclusions. It is noted about the possibility of applying in Ukraine such an institution of land law as the permitting procedure for the alienation of agricultural land. This will maintain the balance of private and public interests in the land market, and their harmonization should be seen as the goal of any agrarian reform.

Impacts of Agricultural Land Acquisition for Urbanization on Agricultural Activities of Affected Households: A Case Study in Huong Thuy Town, Thua Thien Hue Province, Vietnam

Agricultural land acquisition for urbanization (ALAFU) has strongly impacted agriculture in Vietnam during the last decades. Given the mixed data obtained from a survey (with 50 households who lost 50% of their farmland area), in-depth interviews, a group-focused discussion and observation, this study shows the different impacts of ALAFU on each agricultural activity of affected household by comparing before and after ALAFU. Rice cultivation and animal breeding have sharply declined, but potted flower plantation (PFP) has quickly grown and is the main income of 34% of surveyed households. Rice cultivation has declined not only as a result of agricultural land acquisition, which has resulted in the loss of rice land, but also as a result of urbanization, which has resulted in rice land abandonment. Conversely, PFP is growing due to advantages associated with urbanization, such as a good consumer market and upgraded infrastructure. However, whether they are declining or increasing, all agricultural activities have to face challenges related to the shortcomings in agricultural land allocation and agricultural development plans. This study suggests that if ALAFU projects are continued, the government should evaluate agricultural development and forecast farmland abandonment after ALAFU. Simultaneously, they should put more effort into maintaining agriculture in the form of peri-urban or urban agriculture, which is significant for sustainable development in affected communities.

International Experience of Agricultural Land Market Turnover Regulation

The land market in Ukraine is currently being formed. Therefore, it is now especially important to master the experience of using the mechanisms of regulation of this important market, which have undergone a long and successful testing in foreign countries. The article reveals the main directions of international experience in regulating the market of agricultural land.To ensure the optimal distribution of land among users and for the efficient functioning of the land market in most countries of the world, land policy is structured in such a way that agricultural land is cultivated by those who are able to ensure its most productive use. The article analyzes the possibility of applying this experience in Ukraine on the basis of generalization of modern foreign practice. The agricultural land, in contrast to the land for industry, transport and other industries, is the main means of production. The article notes that the current model of state regulation of the land market can lead to the monopolization of such markets and the acquisition of agricultural land by large corporations. There are considered the opinions of various authors on this issue, and has defined the need to form the main aspects necessary for the efficient use of land resources.The example of individual countries shows that the lack of active state intervention in market turnover has led to the monopolization of agricultural land by large corporations. It is concluded that at the present stage of implementation of the policy that ensures the efficiency of land use in agriculture, the state should strengthen the functions of regulating land use processes. There were some specific proposals for improving the system of regulation of land relations in agriculture, which should play a progressive role in the further development of the state. JEL classіfіcatіon: H3, H2

Pengadaan Tanah Bagi Pembangunan Jalan Usaha Tani di Desa Adat Saren, Kecamatan Bebandem Kabupaten Karangasem

Development is a human effort to manage resources to meet needs and improve the welfare of human life itself, as well as in the agricultural sector. Farmers really need the construction of a farm road in order to make it easier for farmers to get to the farm location comfortably and safely. The title of this study is Land Procurement for Agricultural Roads in The Village of Adat Soren District Bebandem Karangasem Regency This study aims to describe the process of land procurement at Soren Traditional Village which is carried out to promote the distribution of agricultural products, community transportation routes, river normalization and religious ceremonies. In addition, it will also review and identify problems that will be faced during the implementation of land procurement for the construction of agricultural commercial roads in Saren Indigenous Village, Bebandem Subdistrict, Karangasem Regency. The method used in this writing is an empirical research method that is equipped with legal methods as well as conceptual methods. The data sources used are primary data sources (interview results) as well as secondary data sources (reading materials from literature research. The results showed that the implementation of land procurement includes planning (determining road to the fields), preparation and implementation (socialization, review, approval, measurement and submission. The problem that arise in the implementation of agricultural land acquisition are based on several factors, including internal factors (including personal interests and development funds) and external factors (including geographical location and natural disasters

Acquisition of Agricultural Land by Foreigners and Family Agricultural Holdings in Croatia

This paper presents two important aspects of the structural transformation of the agricultural sector of the Republic of Croatia. First, there is an analysis of the legal regulation of the acquisition of agricultural land by foreigners by which Croatia has aligned its rules on the acquisition of real property with EU law. In particular, attention is drawn to the differences in the legal position of foreigners depending on whether they are nationals or legal persons of EU Member States or from third countries, as well as on the grounds on which they acquire agricultural land in Croatia. Second, the author points to the new regulation of family agricultural holdings of 2018 (Family Agricultural Holdings Act) and highlights the importance of the separate regulation of family agricultural holdings for the development of Croatian agriculture, particularly with regard to the existing structure of agricultural holdings and the structure of the farm labour force.

Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Serbia

The rules on the succession and transfer of agricultural land in Serbia may be characterised as liberalistic. There are no special inheritance regimes applicable specifically to the succession of agricultural land. There is only the possibility of an heir, engaged in agricultural production, to request that the court name him the sole heir of the agricultural land, with the obligation to compensate others. Similarly, the transfer of agricultural land by inter vivos transaction is also essentially devoid of any serious legal restrictions, either for natural persons or for legal entities. There is no cap on the acquisition of ownership, nor must the buyer prove that he or she is, in fact, engaged in agricultural production. Serbian law excludes the possibility of foreign persons or legal entities acquiring ownership of agricultural land. According to the Stabilisation and Association Agreement concluded with the European Union, it was expected that Serbia would gradually enable natural persons and legal entities from the member states of the EU to acquire ownership of agricultural land by no later than 1 September 2017 when the four-year period for the implementation of this obligation expired. Seemingly, in order to fulfil the obligation, the Serbian National Assembly amended the Law on Agricultural Land in August 2017. The amendments explicitly regulate under which conditions natural persons and legal entities from the EU may acquire ownership of agricultural land. However, even a superficial reading of the new regulation reveals that the opposite effect has been achieved. Instead of enabling natural persons and legal entities from the EU to obtain ownership of agricultural land on equal footing with domestic natural persons and legal entities, the legislature created a set of special conditions applicable only to the former but not to the latter. Moreover, the conditions are so strict that no legal entity could meet them, while natural persons only hypothetically could, if at all. Therefore, it seems that the 2017 amendments to the Law on Agricultural Land hardly aimed to implement the Stabilisation and Association Agreement.

Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Hungary

The study presents the way leading to the development of the Hungarian land transaction regulation and the most important points of the new legal provisions. In the analysis, we also touch on the issue of land acquisition by legal persons. The research focused on examining the inheritance of agricultural lands. In the case of the inheritance of land, legal inheritance and inheritance by disposition of property upon death are also mentioned. Inheritance of land by disposition of property upon death is prioritised in the analysis. In addition, the issue of transfer of holding inter vivos is examined.

Varstvene omejitve pri pridobivanju kmetijskih zemljišč: vpliv na zemljiški trg v Litvi

During the period of about 15 years, there were several attempts to regulate land tenure in Lithuania by changing the procedure of land acquisition and imposing some restrictive measures for the acquisition of agricultural land. This research aimed to determine the impact of those restrictive measures on the land market. This article represents the analytical results of the statistical data on agricultural land privatisation and market sales in respect of changes in legal acts. According to the analysis, changes in land acquisition procedure had no negative effect on land privatisation and volumes of land sales nor on land sale prices during the transitional period of limited access for foreign buyers in 2004–2014. The volatility of land sales during the transitional period can be explained by the natural market cyclicality, while the steady growth of prices indicates that the land market has not yet reached its long-run equilibrium. The new regulative provisions adopted in 2014 after the transitional period was over were intended to prevent land concentration and had a positive, yet momentary, effect on the supply of private agricultural land. A significant increase in land prices after introducing those provisions was caused by the ceased supply of state land and some other causes that were not analysed in this paper.

Monitoring and predicting regional land use and land cover changes in an estuarine landscape of India

Deciphering land use and land cover(LULC) change patterns, identifying the variables that act as the major driving forces of change, and predicting possible changes are necessary tools of decision support for policymakers. Estuarine landscapes world over are under extreme pressure of developmental activities because of their resources. The developmental activities lead to unforeseen changes in the traditional land use practices, making it necessary for investigation of the possible outcomes. The present study aims to study the changing pattern of LULC in the East Godavari River Estuarine Ecosystem (EGREE) landscape during 1977-2015 using temporal satellite data and to predict the possible LULC changes by 2029. Cellular Automata-Markov model (CAMM) with and without the multi-criteria evaluator (MCE) and the multi-layer perceptron (MLP) models were used for future LULC prediction. Between 1977 and 2015, mangroves were converted to aquaculture (5.81 km2) on the landward side and were also lost to submergence at the seaward side (15 km2). All of the coastal scrub (69 km2) was lost to beach clearing. Over this period, the aquaculture area rose to 177 km2. The CAMM with MCE was found to yield better predictions. A further rise was predicted in aquaculture (16%), built-up (30%), and Casuarina plantations (28%) by 2029. The study highlighted the LULC change patterns in EGREE,an important estuarine landscape of India. The information generated in this study can act as baseline information for the stakeholders and policy makers in decision-making of developmental projects, land acquisition, and diversion of agricultural land to non-agricultural purposes.

Agricultural land acquisitions unlikely to address the food security needs of African countries

Abstract In recent years, Large Scale Land Acquisitions (LSLA), direct land tenure changes have been gaining momentum in developing countries. In this study, we evaluate the potential extent to which agricultural land deals in Africa are able to address the host countries’ food security needs, a commonly cited motivation for their establishment. First, we develop a framework to evaluate the priority food security needs of 38 African countries in 2000 based on indicators of food availability, accessibility, stability, and utilization. Second, we estimate whether the crops from land deals would be sold on export or local food markets based on the origin of investments (domestic, foreign or mixed), type of investors (eg. agribusiness, finance, or government) and the intended crops (eg. food, cash crop, or biofuel). This enables us to estimate how likely the investment is to improve in-country food security, versus serving other purposes (e.g., speculation, enclosure of natural resources). Third, we account for the characteristics of the locations where the deals happen (population density, land cover and distance to markets) in order to estimate the level of conflict and deforestation that they could exacerbate. We find that LSLA are only likely to address the identified food security needs of 7 countries. LSLA are also at risk of increasing land pressures and conflicts or deforestation on 83% of the acquired area, including in countries where they could meet food security needs. We also find that the more productive lands are most often allocated to flex crops, while food crops are produced on more marginal lands. We thus argue that even when their purpose is agricultural production, most LSLA are not likely to improve food security; rather, they often serve the financial interests of transnational companies and local elites with the support of host governments. Finally, we recommend agricultural investments to be elaborated in consultation with local communities and marginalized groups to sustainably support their socio-ecological systems.

Відповідальні інвестиції у землеволодіння та землекористування в Україні: міжнародна практика регулювання

In 2021, a free agricultural land market was opened in Ukraine. So, an increase in investments in the acquisition of agricultural land in Ukraine is expected, which actualizes social problems, particularly guaranteeing the rights of peasants, small producers and small farmers, vulnerable groups of the population, women, and rural youth to own and use land. The risks of land investments for the Ukrainian economy are associated with the loss of a small landowner, the displacement of the farming system, an increase in rural unemployment, violation of the rights of rural communities, and the destruction of the rural living environment. The purpose of the study is to substantiate recommendations for Ukraine based on an analysis of international experience in regulating the processes of attracting responsible land investment and highlighting the basic principles of responsible investment in agriculture and food systems. The main international documents on responsible investments in the implementation of large-scale land projects were analyzed. It has been established that foreign investment in land tenure and land use in Ukraine is associated with high demand due to the availability of supply of agricultural land and the opening of a land sale and purchase market, the transformation of natural resources into commercial assets, a corruption component, and uncertainty with the value of the land. The necessity of the following steps has been substantiated: а) development of recommendations for responsible investment in land tenure and land use; b) introduction of the concept of “responsible land investment” into the national legislative field; c) development of a system for regulating investment activity based on international standards. The author suggested recognizing family farmers, small owners, and small producers, especially women, rural youth, rural residents, as the main responsible investors in the field of land use in Ukraine.

INVESTMENTS AS A MEANS OF REPRODUCING OF THE MATERIAL AND TECHNICAL BASE OF AGRICULTURAL ENTERPRISES

Introduction. The processes of reproduction of MTB of agricultural producers are determined by a number of internal and external factors, among which are the following: opportunities for the formation of investment resources from external and internal sources of funding; effectiveness of state support; organization of production activities, which focuses on resource conservation; size and specialization of the enterprise; financial stability; efficiency of production activity; product competitiveness; investment activity; productivity of technical means, their physical and moral wear and tear; perception of innovations. Methods. The methodological basis of the study is a dialectical method of cognition, a systematic approach to the study of economic phenomena. The tasks are solved using the following methods: abstract and logical (in formulating theoretical generalizations and conclusions); monographic (reflecting the processes of formation of the material and technical base of agricultural enterprises in the dynamics); statistical analysis (to assess the movement of the active part of non-current assets of farms in the corporate sector of the agricultural economy). The reliability of the obtained results, conclusions and proposals is confirmed by the calculations and a significant amount of empirical material presented in the work. Results. It is established that the main problems of deterioration of material and technical condition of fixed assets in agriculture are: low investment activity of agricultural producers; insufficient volumes and miscalculations in the targeting of state support for the renewal of fixed assets of agriculture for small and medium-sized farms in rural areas; imperfect agricultural leasing; no indexation of the book value of fixed assets of agricultural enterprises. Discussion. In the conditions of further development of investment activity of farms of the corporate sector of agrarian economy there is a necessity to make capital investments in acquisition of agricultural lands. In this connection the priority tasks of scientific research are: development of methodical approaches transactions for the purchase and sale of agricultural land and their reflection in the financial statements. Keywords: investment, material and technical base, agricultural enterprise, technical means, state support.

The Role of Hewa Magazine in writing the modern and contemporary history of the Kurds(1957-1963)

The 14th July 1958 was a turning point in the history of contemporary Iraq on political, social and economic levels. One of the main changes was in the acquisition of agricultural lands through the enactment of "Agrarian Reform Act" in 1958, which continued until the enactment of another act, i.e. the Agrarian Reform Act of 1970. The above mentioned acts aimed to put an end to large ownership of agricultural land by Iraq by distributing it between the farmers.     This study aims to highlight the application of the two acts and their effects on the governorate (Liwa) of Hawler (Erbil). It dealt with the subject through two topics; the first one tackles the application of 1958 Agrarian Reform Act in Hawler governorate. In this topic we mentioned the main articles of 1958 act, and then we referred to the land ownership in the governorate, the area of lands confiscated from land lords and the process of distributing those lands to the peasants. The topic also highlight the effects of land distribution on production relations , in the end the topic dealt with the effects of Kurdish Revolt of September 1961 on the application of Agrarian Reform Act of 1958 in the area .                                                                                                        The second topic devoted to the application of Agrarian Reform Act of 1970 in Hawler governorate on the same lines of the first topic, with reference to some differences between the two acts, the area of the land that was distributed and the number of beneficiaries in Hawler governorate. The topic focused on some of the shortcomings of 1970 Act, especially that some of its articles did not take into account the specific situation in Kurdistan generally, including Hawler.

Protection of local land use rights in the process of large-scale agricultural land acquisition in Ethiopia

ABSTRACT Land use rights are the basis for multidimensional aspects of the local people. In rural Ethiopia, the livelihood of the local people is strongly attached to land use rights. On the other hand, the government has been transferring or allocating huge tracts of land for large-scale agricultural investments through expropriation and the notion of free land doctrine. The role of rural land laws in the protection of local land use rights in the case of agricultural land acquisition has given little attention in research studies. The purpose of this article is to examine the contents of rural land laws in Ethiopia regarding the protection of local land use rights in the process of land acquisition for investment in agriculture. A doctrinal legal research method is employed to examine the protection of rural land use rights in the process of agricultural land acquisition. The author argues that rural land laws are weak in the protection of local land use rights in the process of land acquisition for investment in agriculture. The article recommends the need to have comprehensive and specific governing law that gives strong protection and guarantee for local land use rights in the process of agricultural investment land acquisition.

Land Grabbing and Smallholders in Ethiopia

Land grabbing is global issue affecting smallholder farmer’s livelihood. With the objective of evaluating the impact of large scale agricultural Investments on the livelihoods of rural communities, this paper uses literatures on land grabbing supplemented by data from FAOstat and tries to identify the root causes of land grabbing and driving forces behind the agricultural investment in the country. It tries to assess the problems created due to introduction of large scale agricultural investment by foreign companies and its consequences on local communities. The remedial measures that should be used by the government to tackle the problems created due to high demand for agricultural land acquisitions were discussed for alternative policy option. Keywords: Land grabbing, Agricultural investment, Smallholders DOI: 10.7176/JPID/56-02 Publication date: November 30 th 2020

Acquisition and inheritance of agricultural land in Bulgaria - from fragmentation towards consolidation

The theory of agricultural land mobility tries to answer the question whether or not it is possible to produce more and cheaper agricultural goods through land consolidation. Acquisition, inheritance, and in the Bulgarian case also the use of property of agricultural lands, are an instrument for the vertical and real/literal integration of the farmers. However, they indirectly affect the access to agricultural land.

Plantations, women, and food security in Africa: Interrogating the investment pathway towards zero hunger in Cameroon and Ghana

In this paper, we critically engage with SDG-2- Target 2.3 and SDG-5 to examine how and why large-scale agricultural land acquisitions modify the social relations of women’s food access. Adopting qualitative methods and from agrarian political economy perspectives, we assess the implications of plantation investments on food security and gender equality in Cameroon and Ghana. The study draws on the impacts of various plantation schemes in Cameroon and Ghana to argue that the current all-encompassing framing of the SDG-2, whereby support for small-scale production appears to co-exist with the promotion of corporate-led agricultural investments, tends to create a vague interpretation of food security, even when capitalist motives override the interests of rural working men and women. In both countries, plantations have been characterised by displacement, reduced food production and competition over land resources in rural contexts where women bear the burden of social reproduction, particularly in subsistence and food provisioning for their households. Restricted access to farmlands hampers petty commodity production, and provokes rural exodus among farming populations in Cameroon who compete with pastoralists for land; and in the Ghana case, where settlers and migrants compete with dispossessed indigenes for arable lands. The study shows the inherent contradictions and tensions within the narratives of sustainable development and projects which are considered as potential pathways to the SDGs. One of such tension areas is between local food security- which is a gendered role for women in West/Central Africa – and the accumulation imperatives of capitalist investors. We iterate that achieving zero hunger requires gender-inclusive land and labour policies that recognise, protect and empower small farmers and women, and create opportunities for local and national food self-sufficiency.

A New Aspect of the Cross-Border Acquisition of Agricultural Lands

A New Aspect of the Cross-Border Acquisition of Agricultural Lands

Land grabs reexamined: Gulf Arab agro-commodity chains and spaces of extraction

Research on land grabs has identified the Gulf Arab states as major actors in the acquisition of agricultural land. However the role of these investments in the economies of the Gulf remains underexplored in the scholarly literature. In response, I propose that these projects are part of commodity chains that are articulated to the agribusiness industry in the Gulf states. I argue that they are extractive zones; enclaves created through articulation to the investor states, and disarticulation from their host society. With this considered, the commodity chains that link these projects with the Gulf economies transfer surplus value in the form of labour time, but also biophysical matter such as water, energy, and soil nutrients. This focus on the appropriation of nature allows a better understanding of these schemes and their role in the Gulf’s economic growth. As will be demonstrated, the cycle of exhaustion of water impells the location of these land grabs, and this context connects them with the history of domestic projects. This article uses a framework that integrates theory on the spatial contestations of commodity chains with work on political ecology, and by doing so it contributes to a growing body of work that examines the relationship between networks of commodity production and nature.

Benefits and Constraints of the Agricultural Land Acquisition for Urbanization for Household Gender Equality in Affected Rural Communes: A Case Study in Huong Thuy Town, Thua Thien Hue Province, Vietnam

The Vietnamese Government has implemented agricultural land acquisition for urbanization (ALAFU) since 2010 which has caused a high level of social-economic transition in the country. In this paper, we applied the gender and development approach to discover how ALAFU has influenced the household gender equality in affected areas in Thua Thien Hue province, Vietnam. The data for this paper was mainly collected from two household group surveys, four group discussions, and six key informant interviews. Group 1 covers 50 affected households whose agricultural land was acquired for urbanization, while Group 2 consists of 50 households whose agricultural land was not taken away. The findings reveal that ALAFU has led to reduced access to agricultural land for group 1, but has contributed to an increase of economic status for women in both groups by creating non-farming job opportunities with a good income. However, most of their new jobs are still informal, contain potential risks, and the unpaid care work burden is heavy. Moreover, although the rate of women participating in household decision making has increased, the quality of participation is limited. Their participation in social activities and vocational training courses has improved insignificantly. Therefore, if the Government continues to promote ALAFU, they should take structural gender inequalities into account to achieve their sustainable development goals.