Agricultural Land Ownership Research Articles

Dampak Alih Usaha Pertanian terhadap Pendapatan Pemilik Lahan di Desa Banua Binjai Kecamatan Pandawan Kabupaten Hulu Sungai Tengah

This study aims to explain the agricultural business's impact on the land owner's socio-economic conditions regarding livelihood structure and ownership of agricultural land. A factor affecting land-use change is the lack of workforce to work on or manage agricultural land in Banua Binjai Village.Landowner income before over agricultural business and after over agricultural business changes in the form of an increase. Gain occurs to people in Banua Binjai village over the farming business and is influenced by several factors: lack of labor to work on the land, the family's economic pressure, and the desire to open a new business. Based on paired t-test results, it is known that the t-count of -6.435 with a significance value of 0,000 (p <α). The test results can be concluded that accepting Ha and rejecting Ho means that there is a difference in the income of landowners in Banua Binjai Village between before and after land conversion.

Fee Simple Failures: Rural Landscapes and Race

Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But, we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white land ownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, via acts of colonialism, slavery, and explicit race-based exclusion in property law. Today, rather than undoing this racialized legacy, modern property rules only further concentrate and homogenize rural land ownership. Agricultural land ownership remains almost entirely—98 percent—white. This is a critical racial justice issue that converges directly with our impending environmental crisis and the decline of rural communities more generally. This Article builds on work of rural sociologists and farm advocates who demonstrate, again and again, that despite a pervasive narrative of rural places dying for want of population and agricultural systems too far gone for reform, the reality is a crowd of emerging beginning farmers—and farmers of color in particular—clamoring for access. Existing policy efforts to support beginning farmers have focused primarily on supporting a few private land transactions within existing systems. This Article brings property theory to the table for the first time, arguing that property law itself is not only responsible for the original racialized distributions of agricultural land but also actively perpetuates both ongoing racialized disparities and the currently industrialized and depopulated rural landscape. This Article deconstructs our most fundamental land-tenure choice—the fee simple itself—and calls on our collective legal imagination to develop more adaptive, inclusive, and dynamic land-tenure designs rooted in these otherwise overlooked rural places.

FAKTOR-FAKTOR PENYEBAB TERJADINYA KEPEMILIKAN TANAH ABSENTEE DI KECAMATAN TONDANO SELATAN KABUPATEN MINAHASA

The research aims to analyze the factors causing the absentee / guntai ownership of agricultural land and to analyze the decision making by the Land Office of Minahasa District in terms of absentee / guntai ownership of agricultural land in Tondano District, Minahasa Regency. The research location is located in Tondano Selatan Sub-district, Minahasa Regency, and Land Office of Minahasa Regency. The research period lasted for five months, namely, January to June 2020. The data used consisted of primary data and secondary data. Primary data obtained through in-depth interviews (In-depth Interview). Secondary data were obtained from available data from other sources such as documents related to the discussion, literature, and documentation that were in accordance with the research objectives. The samples in this study were chosen deliberately. The sample of this research includes 2 kinds of samples, namely, the key sample and the main sample. This study used a qualitative data analysis method. The results showed that the determinant factors causing absentee land ownership are: knowledge factors, awareness factors, cultural factors, law enforcement factors, and economic value factors. Meanwhile, decision-making in enforcing the rules regarding the absentee prohibition of land ownership in Tondano Selatan District, Minahasa Regency has not been implemented optimally.*eprm*

A Study of Peri-Urban Areas as Sites for Understanding Urbanisation in Developing Countries: Using Nairobi Peri-Urban Areas as Base Case Study

The process of urbanization majorly drives economic, social and physical change in developing countries such as those in Sub-Saharan Africa. Planet’s future is an urban one and that the largest and fastest growing cities are primarily in developing countries. This rapid urban growth has led not only to an increasing demand for urban land, particularly for housing, but also for other various urban uses. The increasing demand for land is affecting peri-urban areas, where urban expansion is already encroaching into the agricultural lands and small villages. The conversion of agricultural land to urban uses is leading to rapid transformations in agricultural production, spatial structure, social structure, land ownership and land markets in the peri-urban areas. Despite the importance of the peri-urban areas, it is still less understood especially in the context of developing countries. This paper argues that the dynamics at work in the peri-urban areas have not been fully captured, as they are often not visible until physical land conversion actually begins or takes place. It is at the peri-urban areas however that we can best understand the process of today’s urbanisation (especially in developing countries), land conversions and development, as well as the evolving conflicts over land uses. It is also in the fringe where there is an opportunity to manage urban growth patterns before they get imprinted on the landscape. Keywords: Urbanisation, Peri-urban areas, Land DOI: 10.7176/DCS/10-10-05 Publication date: October 31 st 2020

Why Property Matters? New Varieties of Domestic Patriarchy in Turkey

Abstract This article extends theories on varieties of gender regimes by arguing for the significance of property. Drawing on the case study of Turkey, it proposes that gendered property ownership diversifies patriarchal relations of labor. This historical-sociology-based case study method is used to differentiate two forms of domestic patriarchy: premodern and modern. In premodern domestic patriarchy, women’s exclusion from agricultural landownership, in conjunction with the dominance of small landownership, sustains the patriarchal exploitation of labor in agriculture. In modern domestic patriarchy, women’s exclusion from paid employment, along with dispossession and increasing wage dependency, maintains the patriarchal exploitation of labor within the home.

Customary Land-Tenure and the Poor: A Study of Jharkhand and Meghalaya

For most people living in rural India having access and control over land is crucial for their livelihood, more so in the case of tribals. This article analyses the nature of the customary land-tenure system in some districts of Jharkhand and Meghalaya and their impact on livelihood patterns, food security and poverty. Based on both secondary and primary data, the article seeks to examine the nature of the customary land-tenure systems in selected scheduled areas; specifically identifying the status of locals versus non-locals in managing land resources and analysing the extent to which women have been able to secure land rights under customary laws. The article concludes that though there are both positive and negative aspects to community and individual ownership of agricultural land, but on the whole the prevailing system does not helping in bettering the conditions of disadvantaged communities.

Larangan Kepemilikan Tanah Pertanian Secara Absentee Dan Pertanggung Jawaban Hukum Badan Pertanahan Di Kabupaten Tulungagung

Reforms have been carried out by the government through many land reform programs that regulate land ownership and legal relations between owners and land objects, so that a prosperous and productive society is created to advance the national economy and food security. One of them is the prohibition of agricultural land ownership regulated in article 10 paragraph (1) of the Basic Agrarian Law. It is expected that the owners of agricultural land will work on their own land so that productivity will be maximized, the community will be taught to work and be productive regularly and routinely. But in reality in the field in Jabalsari village Sumbergempol subdistrict Tulungagung regency there are still many people who control agricultural land absentee and interpreted the rules of ownership of agricultural land absentee not yet effective, so this research aims to find out the causes of absentee ownership of agricultural land and how a large role Tulungagung Regency National Land Agency in terms of absentee ownership of agricultural land. This research is carried out using the Empirical Juridical method namely how the law is implemented in social life. The results of research conducted in Jabalsari village Sumbergempol Sub-district Tulungagung District showed that absentee land ownership in Tulungagung District occurred due to many factors namely: community awareness factors, cultural factors, legal factors, law enforcement factors in the area, facility and infrastructure factors as well as quite a lot It was found that economic factors, and the responsibility of the National Land Agency of Tulungagung Regency still reached the supervision of certified land and improved administration of agricultural land data, this was done so that in the future it would run and orderly administration of the problem of absentee ownership of agricultural land.

The Review Of Agricultural Land Transfer Related Juridical Absentee That Made Before PPAT

The purpose of this study as follows 1) To identify and explain the transfer of agricultural land Absentee made before PPAT. 2) To identify and explain the barriers and solutions Absentee transfer of agricultural land made before PPAT. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview, and secondary data obtained from the study of literature. Based on the results of the research are Strict monitoring of the transfer of agricultural land through cooperation between the relevant agencies, namely the Village Head, District and PPAT / Notary. Barriers: a) Lack of public awareness, b) Since the Inheritance Land where many families who left their land to her son while her son stayed in town and have settled the town even had a decent job in the city than in the rural location of his land, it is also one causes of land ownership is due to inheritance. c) Land Office did not have accurate data on their ownership of agricultural land by Absentee. Solution: Perform legal counseling for the creation of legal order are carried out continuously to the community and local authorities with regard to land issues.Keywords: Judicial Review; Diversion; Farmland; Absentee; PPAT

Ochrona własności rolniczej w świetle ustawy o kształtowaniu ustroju rolnego

The purpose of the deliberations presented in this article is to assess the protection of agricultural property in the light of the Act of 11 April 2003 on shaping the agricultural system, taking into account its amendments of 2016 and 2019. In the author’s opinion, the provisions of this Act that serve the purpose of the protection of agricultural property should be interpreted in the light of the principles derived from Article 23 of the Constitution of the Republic of Poland and from the perspective of the intentions expressed in the preamble to this Act. However, the instruments contained therein serve mainly to regulate trading in agricultural property and to exercise the powers of the state acting with the help of a trustee in the dominium sphere, acquiring the ownership of agricultural land from private entities. It is therefore concluded that the “family holding” defined in the Act does not correspond in its normative form to the constitutional model, and the statutory protection granted to it is only apparent and ineffective.

Adekwatność instrumentów prawnych kształtowania ustroju rolnego

The Act of 2003 on shaping the agricultural system was adopted following the concerns about potential acquisition of agricultural land by citizens from EU Member States. The same fears determined the tightening of restrictions on the ownership of agricultural land adopted in 2016. However, the effectiveness of these restrictions – from the point of view of the objectives articulated much more widely in the Act can hardly be noticed. The basic objective, which was to improve the area structure of agricultural holdings, has not really been achieved since during the 15 years of the operation of the Act, the State purchased only about 20 thousand hectares of agricultural land pursuant to its provisions. Further, the requirement underlying another objective of the Act (i.e. ensuring that agricultural activity is carried out in agricultural holdings by persons with appropriate qualifications) seems unreasonable in contemporary social and economic conditions and, what is more, it violates fundamental freedoms protected by the Constitution. Realistically, the Act has successfully albeit only partially achieved its third basic objective, which was to counteract excessive concentration of agricultural land, limiting the acquisition of agricultural land of an area exceeding 300 ha.

SOME ASPECTS AND PROBLEMS OF PROPERTY OF AGRICULTURAL LAND IN THE REPUBLIC OF BULGARIA

Ownership of agricultural land in the Republic of Bulgaria is regulated in detail in the legislation, through regulations and norms that reflect different aspects of ownership. Owners of agricultural land can be different entities, but the use of agricultural land, the scale of agricultural activity, are directly related to the amount of ownership. The possession, use and management of agricultural land is accompanied by some problems that affect agricultural policy and its results to varying degrees.

Conflicts in the land use in mountainous territories

The purpose of the study is to determine the causes of conflicts in the land use in land-hungry regions and to develop optimal solutions in land disputes. The research is based on the field data, collected in land- hungry regions of Russian Caucasus and historical data for same regions. We analyze the data acquired and use the system approach for developing a classification for studied conflicts. It supports the thesis that the agricultural land ownership is critical for the development of a stable regional system of agricultural production. In the majority of Russian regions land reform has been already carried out. Thus, market mechanisms for the functioning and realization of the right to use and possession of agricultural land are in effect. But in North Caucasus republics, institutionalization of land ownership is still vague. As a result, the number of disputes and conflicts in land use is growing. In the article, we carried out a classification of conflicts in land use and the analysis of land conflicts in the republics of the North Caucasus.

Legal Conditions and Data Provision for Land Property Exchange in the Processes of Land Consolidation and Land Compensation in Bulgaria

Land consolidation and land compensation require the evaluation of the productivity of the exchanged or recompensed areas. A serious deficiency in land consolidation regulations set by the Agricultural Land Ownership and Use Act, 1991 is the 10% restriction on the difference in the exchanged areas before and after land consolidation. The simultaneous action of the current methodology for equating lands by their quality, together with the legal restrictions of this Act, limits the implementation of land consolidation to only highly productive lands of the 1st to the 3rd land category. The objective of this paper is to suggest a method for extending the implementation of land consolidation to larger areas and to recommend a fairer calculation method in equating lands by their quality. Two approaches to landed property exchange are united. One of them is based on the mean estimates of land productivity per land category (MLPE) (considering the Bulgarian Land Categorization System), the other one – on the detailed land productivity estimates of each landed property (DLPE). The adapted FAO Land Suitability Classification is suggested to identify areas suitable for land consolidation. Regression analysis and expert assessment were used. The data required for GIS processing are specified and systemized. A proposal for the improvement of the legal framework is given.

The Problems about Ownership and Use of Agricultural Land and Securing Core-farmers

The Problems about Ownership and Use of Agricultural Land and Securing Core-farmers

Regulation on foreign ownership of agricultural land in the Republic of Serbia

The research topic in the first part of the paper is the regulation on foreign ownership of agricultural land in XIX and XX century, while the second part focuses on analysing foreign ownership regulation in XXI century. The paper aims to provide an overview of the rights of foreign citizens to acquire real estate,with an emphasis on their right to acquire agricultural land in the Republic of Serbia through a methodological-theoretical framework. The legislation which has regulated the said legal concept in our region in different ways throughout history will be viewed through the prism of history by using the historical method. The current regulations which regulate the said subject matter in the Republic of Serbia will be analysed by the normative method, in addition to the use of content analysis that will complete this research through the systematic analysis of literature. The conclusion will sum up the results of the research which point to the fact that even though in certain periods foreign citizens were entitled to acquire agricultural land, their right was never complete as it implied meeting certain requirements.

Use of land shares in common ownership of agricultural land (based on the materials of Sibir LLC in Yalutorovsky District of Tyumen Region)

Agricultural land management should aim to ensure balance and sustainable development of the agro-industrial complex. When using land to the owner of this resource a number of important requirements are made: investment in agricultural production, increasing the number of jobs, the use of advanced agroindustrial technologies, the creation of an effective management and marketing system. The use of land shares lies in the fact that due to the lack of demand for a large number of agricultural land, there are significant losses of agricultural products, which leads to the non-receipt of land payments to municipal budgets.

The policy on agricultural land and its impact on agricultural production and peasant’s life in Vietnam

The paper analyzes the key contents of the policies on agricultural land of the State of Vietnam today, such as, the tenure of agricultural land ownership, the State’s guidelines on land price, the policy on concentration and accumulation of agricultural land, the policy on agricultural land tax and policy on compensation for agricultural land recovery. Then the paper process to evalute the impact of Agricultural Land Policies to Vietnam’s Agriculture in the Renovation Period as well as the Impact of Agricultural Land Policies on Agricultural Land Fund. The paper also analyzes both the positive impacts and unexpected impacts of Land Policies on the Peasant Life. Through the research the paper comes to the conclusion that despite many outstanding achievements of renovated management policies on the agricultural land, there will be new issues and problems relating to policies on land, which should be addressed timely and prorperly in order to help Vietnam develop its modern and sustainable agriculture.

Constitutional foundations for the acquisition and implementation of ownership оn a certain type of lands in Ukraine: legal conflicts and ways of overcome

It is determined that land is subject to constitutional regulation because it is the territory of the state, and therefore – an integral element on the one hand, and on the other - the basis for satisfying the basic needs of Ukrainian citizens, which includes sufficient nutrition, and in turn, is the economic basis for the realization of other human rights. It is stated that the Constitution of Ukraine establishes a regime of dual ownership of land in Ukraine: Ukrainian people property and other subjects of law (state, territorial communities, individuals and legal entities), which gives rise to a conflict of constitutional and land norms defining the ownership of the Ukrainian people on land and guarantee other forms of ownership of land, and the inconsistency of the purely constitutional and purely land norms. It is stated that the acquisition and realization of land rights should not only bring into account the economic and social interests of society, but also take into account the specific features of the object of legal regulation - land as one of the most important elements of the environment. It is noted that the legislative regulation of special (additional) requirements related to the preservation of the natural properties of land as a natural resource, which fully relate to agricultural land, regarding the various grounds for the acquisition and realization of land ownership by various entities, in particular, by the Ukrainian citizens have a constitutional basis. Emphasis has been placed on the particular significant categories of agricultural land and the specifics of the acquisition and realization of ownership of them by person and enterprises. The peculiarities of the acquisition of agricultural land ownership through their privatization (paid and free of pay), including for farming, were investigated, and gaps and disagreements on this issue were identified.

The Power of Property: Land Tenure in Fāṭimid Egypt

AbstractEgyptian land tenure in the Fāṭimid period (969-1171) is often assumed to have been based on state ownership of agricultural land and tax-farming, as was in general the case in the Mamlūk period which followed it, and as many Islamic legal theorists rather schematically thought. This article aims to show that this was not the case; Arabic paper and parchment documents show that private landowning was normal in Egypt into the late eleventh century and later. Egypt emerges as more similar to other Mediterranean regions than is sometimes thought. The article discusses the evidence for this, and the evidence for what changed after 1100 or so, and, more tentatively, why it changed.

Drivers of households’ electricity expenditure in Ghana

Worldwide, residential electricity consumption accounts for 30% of total electricity usage. In Ghana, household electricity consumption accounts for over 50% of total electricity generation. Moreover, problems faced in mobilising resources for electricity generation and the need for environmental sustainability calls for effective management of electricity demand by consumers. This requires a thorough understanding of the drivers of household electricity expenditure. The present study examines the drivers of household electricity expenditure in Ghana. Data for the analysis were obtained from the 2005/2006 and 2012/2013 waves of the Ghana Living Standards Survey. Results based on ordinary least squares regression analysis indicate that variation in the log of household annual electricity expenditure is explained by income, stock of electrical appliances, number of rooms, and years of education completed by household head. Other factors such as rural/urban location, employment status of household head, tenancy status, ownership of agricultural land, and ecological zone also exert significant influence on household electricity expenditure. The policy implications of the findings are indicated.