Land Commission Research Articles

Legal consequences and problems of the servitudes of right of way established by administrative acts in Latvia

The right to own a property is guaranteed by the Article 105 of the Constitution of the Republic of Latvia that in the same time stipulates that the said rights may be restricted only in accordance with law. This legitimate property right restriction is determined in Article 928 of the Civil Law: the ownership may be restricted both by private intent and by law. One of the restrictions of ownership rights is the servitude of right of way which is established by law, a contract, a court judgement, or a will. During the land reform, the State Forest Service, land commissions, and municipalities had the legal basis to establish the servitude of right of way also by an administrative act, taking a corresponding decision. However, many decisions were insufficient and legally incorrect. As a result, today the servitudes of right of way established by the administrative acts during the period of the land reform do not fulfil their purpose and cause a number of legal and practical problems both to owners of immovable property and to state institutions. In order to explore these problems, referring to the Article 7 of the Paragraph 105 of the protocol resolution No.56 of the Cabinet of Ministers from 29 October 2013, the Ministry of Environmental Protection and Regional Development in cooperation with the Ministry of Transport, the Ministry of Justice, and the Ministry of Agriculture issued the Conceptual Report “On the Problems Occurring in Relation with the Servitudes of Right of Way Established during the Land Reform and Their Possible Solutions” (hereinafter – the Conceptual Report). In general there are 2 possible solutions, but for the second solution there are five courses of action, one of which – in cases when there is a road on private property that is needed for public use it is to be determined as an encumbrance of the immovable property “Public road”. The aim of the research is by analysis of the problems of the servitudes of right of way, established by the administrative acts during the period of the land reform, to evaluate whether the solutions offered in the Conceptual Report are practically applicable and will give the desired result, as well as to offer the author’s vision for solution of the existing problems. The author has used the scientific research approaches – descriptive, analytical, inductive and deductive, logical-constructive, formal-dogmatic, graphical and interpretation of legal norms – grammatical, systemic, and teleological.

ENFORCEMENT OF THE CREDIT AGREEMENT WITH THE GUARANTEE OF THE MORTAGE FOR THE DEVELOPER OF RESIDENTIAL CONSTRUCTION WITH CREDIT

<p>In article 2 paragraph (2) of the Mortgages Law on section 22 subsection (9) has deleted the mortgages rights on the object that is concerned to be logged by the land Office over the books of the land and rights of a dependent as well as the Certificate of land entitlement which has been free from the rights of the original relations. However, section 22 subsection (9) of the mortgages law does not specify the logging enforcement of time limit by the Office of the Land Commission as specified in article 22 paragraph (8). This research aims to analyse the enforcement of credit agreement residential construction with dependent rights in the city of Mataram. What are the factors affecting the enforcement of the rights of dependent credit residential construction in the city of Mataram and how is the responsibility of the notary against the deed of credit agreement made in residential construction. This research is empirical legal research seeking at how the law in reality field. The research uses descriptive qualitative analysis supported by qualitative approaches. Based on the results of the research, enforcement of a residential construction that charged on right dependents between company and bank has previously started by an agreement in which the agreement was made to facilitate the parties in conducting the process of loading a dependent right which the rights and obligations of the parties are set forth in the cooperation agreement.</p>

The challenge of reforming land governance in Kenya under the 2010 Constitution

AbstractIn August 2010, Kenya's citizens adopted a new Constitution. Intended to rein in an imperial presidency, the Constitution initiated one of the most ambitious governance reforms seen in Sub-Saharan Africa. ‘Devolution’ establishes 47 counties with extensive powers led by a directly elected governor and legislative assembly. The transition has exposed fault lines as actors struggle over the delineation of power. This paper presents the fight between the National Land Commission and the Ministry of Lands over the right to manage public land in the period 2013–2016. The paper argues that the difficulties associated with land reform arise because of the centrality of land allocation to the maintenance of power in the country. NLC's potential to transform land relations – by addressing land grabbing, effecting land redistribution, and ensuring land access by marginalised groups – is limited. This is due to the paucity of unallocated public land and the continued strength of Kenya's statist land tenure regime.

Protestantes no Brasil: entre a omissão e o engajamento político

Analisamos a presença Protestante no Brasil, bem como a constituição de um setor Protestante Ecumênico no País, que se desenvolveu na segunda metade do século XX, vinculado ao Conselho Mundial de Igrejas e com uma proposta inovadora de diálogo respeitoso com as demais religiões. Foram motivados por um discurso teológico que condenava as práticas fundamentalistas e conservadoras, majoritárias entre os evangélicos. Desenvolveram projetos sociais que visavam resolver os candentes e seculares problemas sociais do País, a exemplo da Comissão Ecumênica de Direitos a Terra, que dialogou com a Comissão Pastoral da Terra, de orientação católica. Com a Ditadura Militar, instalada no Brasil em 1964, os evangélicos ecumênicos opositores do regime militar foram perseguidos, mas resistiram formando Comités de Defesa dos Direitos Humanos e o Projeto Brasil Nunca Mais, participaram ativamente do processo de redemocratização nacional.

Die Ungnads von Sonnegg - der lutherische Adel in der Habsburgermonarchie um die Mitte des 16. Jahrhunderts

Die Ungnads von Sonnegg - der lutherische Adel in der Habsburgermonarchie um die Mitte des 16. Jahrhunderts

ON THE NATURE OF LAND OWNERSHIP IN DAGESTAN IN THE 18th - EARLY 20th CENTURIES

The article deals with the nature of land ownership in Dagestan in the 19th - early 20th centuries. Estate and land relations, land and legal problems were the most complex in the socio-economic development of the pre-revolutionary Dagestan. Russian authorities paid much attention to their solution. After joining to Russia, several estate and land commissions were formed and they collected a large amount of material on the estate and land relations in Dagestan. The article covers the forms of land ownership in the 19th - early 20th centuries. There were communal, waqf (i.e. mosque) lands, state and private lands. The latter were divided into large feudal landownership and peasant landownership - myulks. Pastures were in communal ownership and plowing and hay fields belonged to myulks. On the plain, land ownership was communal. State-owned lands in Dagestan appeared due to confiscation of lands from anti-Russian feudal lords and due to the lands of rural societies as well. Waqf lands were those bequeathed to the mosque. Much attention is paid in the article to redistribution of land ownership, when lands passed from one owner to another. There were several great redistributions of lands in Dagestan. The first of them occurred in the 18th century when the feudal lords, in the course of rise of their political and economic power, began to seize peasant lands on the Kumyk plane. By the end of the 18th century all the lands were in the hands of ten princely families. The second great redistribution of lands in Dagestan took place in the 1860s when after the agrarian reform half of the feudal lords’ lands on the plain and in the foothills passed to the emancipated peasants. Rise and development of capitalist relations were accompanied by the growth of extra estate land ownership. Feudal lords actively pawned their lands and gave them to representatives of other estates, in particular, to rich uzdens. Thus, in the late 19th - early 20th centuries there was another redistribution of lands in Dagestan. Considerable changes in the sphere of land ownership occurred in Soviet times.

The Diaries of George C. Woolley, Volume 2: 1907–1913 by George C. Woolley

Reviewed by: The Diaries of George C. Woolley, Volume 2: 1907–1913 by George C. Woolley H. S. Barlow The Diaries of George C. Woolley, Volume 2: 1907–1913 George C. Woolley Danny Wong Tze Ken and Stella Moo-Tan (eds) Kota Kinabalu: Department of Sabah Museum, 2016. ISBN: 978-903-9638. xiii, 1482 pp. The first volume of Woolley’s diaries was reviewed in JMBRAS Vol 89 Part 1 (June 2016). This second, more substantial volume, covers the years 1907–113. The main episodes in Woolley’s life at this time were a brief stint as District Officer in Beaufort, then a stint from 8 November 1907 till March 1910 when he served as District Officer, Province Clarke, based at Sipitang. This was on the west coast of Borneo, readily accessible from Labuan and, also, partly by the new railway line to Tenom from Jesselton. It was a dagger-shaped district, extending from the Klias Peninsula in the north, south to beyond Long Pa Sia, bounded on the west by the Sarawak border. Woolley’s stint in Sipitang appears to have been an extremely agreeable and happy one. Here he was away from the petty politics of colonial Jesselton, and encouraged to undertake long trips into the interior of his district to report on conditions there, and arrange for the introduction of such modest facilities as the Chartered Company would afford. This seldom extended beyond court hearings, and the establishment of rudimentary government offices. Ross Ibbotson on p. 63 has attempted, with some success, to superimpose on a 1:500,000 Tactical Pilotage Chart from the UK Ministry of Defence the routes of Woolley’s major excursions. Although routes along the coast, generally by boat, were well travelled, the country inland, was rough and roadless with two mountains well over 6000 feet. There were, of course, no proper resthouses, so on such excursions Woolley was obliged to sleep in the houses of village headmen or in sulap (primitive huts, often consisting of little more than an attap roof and a raised bamboo floor). It must have been a harsh and tough life, laced with danger and uncertainty: headhunting raids from over the Sarawak border were not uncommon occurrences. Unfortunately, with few exceptions, Woolley gives no account of the fascinating talks he must have had with his hosts on these travels, not to mention detailed accounts of the village ceremonies he must have witnessed. For the reader, the diaries in this volume are greatly enhanced in value with Woolley’s own photographs. At this time he became an extremely enthusiastic amateur photographer, developing his own prints. Many of the resulting photographs have survived and are reproduced alongside the diary entry which specifically refers to them. The majority are of individuals, or groups of local people, or views of sulap or rather grander buildings Woolley encountered on his travels. [End Page 167] Woolley was anxious to stay in his Sipitang post for as long as possible and, by keeping a low profile, managed to stay for 2½ years. He was then, in one of the frequent reshuffles of expatriate officers, posted back to Jesselton as Commissioner of Lands. This took him all over British North Borneo at the time of a rubber boom. This made the post particularly important. The Chartered Company was keen to establish rubber estates along the west coast, in view of the success of the Sapong and Melalap estates, in the Interior Residency, linked to Jesselton by the recently completed railway line. Woolley’s generally brief and cryptic comments on his land work indicate that there were frequent disputes with traditional land owners objecting to arbitrary confiscation of their property. These issues remain, over a century later, in disputes over land now taken over, not for rubber but for oil palm, without adequate free, prior and informed consent. Plus ça change . . . Perhaps the most important of these was the Papar Land Case, in which Woolley was deeply involved, initially assessing whether claims by dispossessed Dusun landholders near Papar had been adequately compensated. The overall result was that, thanks to the activities of the Dusuns themselves, the Roman Catholic Church and the dissident lawyer R. B. Turner, the...

Agricultural policy and land tenure in an Irish marginal county

This paper has a twofold objective. Firstly, recent land policy both at EEC and Irish government levels is evaluated from the perspective of the small family farm in County Leitrim. one of Ireland's most marginal farming areas. Secondly, recent changes in a small sample ot County Leitrim farms are analysed in terms of their land tenure and household characteristics. The data reveal considerable social and cultural obstacles to an efficient system of land transfer resulting in a low level of land mobility. The policy response to such marginal conditions has not been encouraging either at EEC or National government level. Inadequate EEC directives have resulted in failure and while some positive intervention has been achieved by Irish agenicies such as the Land Commission, there has been a general failure to show awareness of conditions on the ground. State intervention through the welfare code has resulted in a strong dependency mentality which has greatly reduced the incentive to exploit either individual or communal resources.

The Water Crisis in Yemen: Managing Extreme Water Scarcity in the Middle East

The Water Crisis in Yemen: Managing Extreme Water Scarcity in the Middle East

Influence of Land Tenure System on Social Economic Development of Households in Kajiado North District

Purpose: The purpose of this study was to determine the effect of the land tenure system in Kajiado North District on social economic development of households in the area. Methodology: The study employed a descriptive research design. The study population was 108, 538 households in Kajiado North District. The study adopted the adjusting formula of Fisher of 1998 to arrive at the sample size of 384. The sample was selected through stratified random sampling that yielded 384 respondents. A multiple linear regression model was used to analyze the data using statistical package for the social sciences (SPSS) version 20. Results: The study found that land fragmentation had a negative significant relation with the socio economic development of households in Kajiado North District. Infrastructure development on the other hand was found to have positive significant relationship withthe socio economic development of households in Kajiado North District.Unique contribution to theory, practice and policy: The findings of this study are useful to the National Land Commission and County government of Kajiado in their quest to ensure proper implementation of various land reform requirements and improving the welfare of the residents.

HOW KAZAKHSTAN IS PAYING FOR ITS LEADERS’ AMBITIONS

HOW KAZAKHSTAN IS PAYING FOR ITS LEADERS’ AMBITIONS

WOMEN'S LAND RIGHTS IN ZIMBABWE

This paper focuses on the issue of human rights with respect to women’s land rights in Zimbabwe. The concept of human rights is particularly pertinent because of the debates on land reform and the activities of the land Commission exploring possibilities for the reform of land use in Zimbabwe.

Ex-Post Analysis of Land Title Registration in Ghana Since 2008 Merger

Land ownership and security of title have continued to dominate land management discourses in many developing economies, leading to a proliferation of studies that explore, among other things, the nexus between land title registration and land security, women’s access to land, innovation in agriculture, access to finance, and economic development. For many years, Ghana experienced minimal success in formalizing land ownership and title registration. However, public confidence and expectations were raised once more in 2008 with the merger of four disparate land agencies into the New Lands Commission (NLC) under the overarching ambit of the Land Administration Project (LAP). This article contributes to existing studies by evaluating the impact of the 2008 merger. This is accomplished by matching the project’s stated objectives with actual outcomes and situating the findings in the broader theoretical debate about land title registration and economic development. Using data gathered through interviews with officials of the Greater Accra Lands Commission and with prospective land title holders, the study concludes that there have not been any great gains in achieving the complete digitization of the title registration process and follow-up procedures. However, there has been a reduction in the turn-around time for processing land documents, from more than 36 months to about 3 months, as well as increased public awareness about the process of title registration. The study recommends further training of staff members of the NLC in handling the digitization process, institutionalization of anti-corruption and anti-bribery practices, and the introduction of a well-functioning customer feedback system.

Direitos humanos e trabalho escravo contemporâneo

The condition of workers under the regime of ‘slavery’ has been widely debated and examined over the last 30 years. The proximity of the Comissao Pastoral da Terra (CPT) [Pastoral Land Commission] to areas characterized by illegal employment strengthened the commission’s leadership within campaigns and social movements combating the practice. With international political pressure on the defense of human rights, in the 1990s the Brazilian government came to recognize forums formed by social movements against rights violations (including contemporary slave labor). A number of these violations went on to be represented in commissions, created on the basis of municipal, state and national conferences, as contemporary slavery evolved from constituting a strictly labor law infringement to a human rights violation. This article analyzes the semantic slip and its political effects on the inter-ministerial management of contemporary slavery, as well as its implications on legislation on property rights. The methodology employed in this article is descriptive/analytical and bibliographic in focus, by means of the examination of books, scientific and electronic articles, documents and data from government sites.

A Web-Based Pilot Implementation of the Africanized Land Administration Domain Model for Kenya—A Case Study of Nyeri County

Kenya has amassed a wealth of paper based land information records collected over the duration of more than a century. The National Land Commission (NLC) having the mandate to develop a National Land Information Management System (NLIMS) for Kenya partnered with the Dedan Kimathi University of Technology on a project to develop a pilot LIMS for Nyeri County. A pilot Land Administration System (LAS) has been developed in this work and utilizes an Africanized Land Administration Domain Model (A-LADM) fitted to the Kenyan context. Various processes involved in land administration that required to be automated were identified. Informed by the numbers of applications made for the change of User service, it was picked as the first workflow to be automated. The key outputs of this work were the A-LADM and pilot LAS. The pilot solution uses a webcentric solution, with the data stored and managed centrally from a PostGIS database backend, using the Python Django framework to implement the server side and client side frontend. This solution demonstrates the importance of automating processes and supporting standards based software development. Stakeholder participation is key when implementing systems and 2 workshops are held to capture requirements and validate the developed solution.

Agrarian Experts And Social Justice

Between 1861 and 1917 a “land allotment mentalite” developed among government officials, public activists and peasants themselves that shaped discussions of land reform in 1917 and the following years, representing a broad consensus on how social justice as it applied to land reform might be judged and measured. Based on the published and archival materials of the Main Land Committee, peasant congress publications, and the Hoover Institution Archive’s Wrangel Collection this article examines discussions of land reform in the revolutionary period. It shows that from the Provisional Government’s Main Land Committee down to peasant assemblies and ultimately both sides of the post-October Civil War the “norm” was understood as a fundamental moral and economic foundation for any new order.

Legal implications of allocation papers in land transactions in Ghana—A case study of the Kumasi traditional area

This paper studies the legal effects of land allocation papers in today's land administration system by focusing on stool lands in Kumasi. Using key informant interviews and review of relevant land legislations, court proceedings and seminar papers, we found out that, land allocation papers in their current form and substance are incapable of conveying title to purported grantees, but may only serve as evidence that an individual or corporate body has purportedly acquired land. The allocation paper is only a step towards acquiring full legal rights over land under customary tenure. This study recommends that grantees of stool lands should make every effort towards completing the other legally required processes such as formalisation and registration of the transaction at the Lands Commission for valid legal title. It is further recommended that preparation of allocation papers by chiefs should be enhanced by incorporating terms of the grant, identities of the transaction parties, consideration and proper description of the land. These enhancements will facilitate the formalisation and registration process, and potentially reduce the cost and time of registering land in Ghana. Particularly, it will challenge state institutions and land administrators to introduce stringent measures or security features that would make land title registrations using allocation papers legally binding.

The Analogy of Land Conflicts and Resettlement Schemes in Kenya

In a number of Kenyan regions, land ownership and land use rights are often in dispute resulting into land disputes. These land disputes have far reaching negative effects on the certainty of land markets, tenure and food security, economic production and reduction of poverty. Often, the land disputes lead to; civil strife, loss of lives, population displacement, destruction of property and international humanitarian crisis. In Kenya, state power has always been used to distribute and redistribute land (and land rights), focusing on post-1960 smallholder resettlement schemes, land-buying companies, and resettlement in the forest reserves, and also the long-standing pattern of political contest over the allocation of land. Successive post-independence governments have come to power mostly by promising to reverse these historical land injustices. However, commitment aimed towards reversing the land injustices only last as long as the elected government is still new in office. This is because land politics in Kenya is first and foremost are distributive game. The land provisions of Kenya’s 2010 constitution call for the establishment of a National Land Commission answerable to Parliament, and the enactment of sweeping parliamentary legislation to enact a National Land Policy that is based on principles of justice and equity.

A ‘German Invasion’? Irish Rural Radicalism, European Integration, and Irish Modernisation, 1958–73

ABSTRACTLand hunger was a pervasive feature of Irish rural society which had not disappeared with the attainment of national independence. Rural agitation for land redistribution was conducted by many small indigenous farmers and it acquired an extraordinary anti-German tone after 1960. This was partially fuelled by a wave of international media speculation about Ireland as a base for Nazis eluding justice, but it was also driven by the notable success of Irish agencies in attracting German investment to Ireland. Consequently, the land question spilled into Irish efforts to attract Foreign Direct Investment (FDI) and Ireland's application to join the European Economic Community (EEC). Governments were slow to respond to the demands of the rural radicals: heavy-handedness against foreign landholdings might endanger Ireland's international reputation at the very time that the country was seeking to shake off an anti-progress and insular image. Militant republican involvement in land agitation stirred additional concern. When the Irish Land Commission compulsorily purchased the properties of a handful of West Germans in 1969, the Bundestag of the Federal Republic of Germany (FRG) debated the matter. This ostensibly served as the rationale for vandalism, arson, and bomb attacks against foreign-owned farms and properties at a critical point: Northern Ireland was careering out of control and Dublin's priority was to join the EEC. The government defended the right to private property and it could not halt the EEC's liberalisation of agricultural land purchases after 1970: membership of the EEC was the overriding strategic objective. In sum, land ownership had formed part of the bedrock of Irish nationalism since at least the nineteenth century and Irish adaptation to the liberal international economy generated predictable resistance. The linkage between land ownership and national citizenship was not unique to the Irish, as the Danes, the Dutch, and several countries bordering West Germany experienced comparable difficulties in the 1960s and the 1970s.

State-community collaborative strategies to enable the right to the city in Argentina

Since the 1990s, and especially in the wake of the 2002 social and economic crisis, there has been significant growth in the number of Argentinian grass-roots movements, NGOs, and cooperatives that focus on providing affordable housing for the urban poor. In response, the current federal government has advanced uniquely progressive housing policies that aim to address the housing deficit in concert with social and neighborhood organizations. This paper examines the strategies of the National Land Commission for Social Housing and investigates various participatory processes for meeting housing needs employed in the intermediate city of Santa Fe. The National Land Commission's notion of active participation will be discussed both in terms of how it affirms ‘right to the city’ principles and as a more progressive form of ‘assisted self-help’ housing, and how it better embodies the ideals of self-help than previous efforts to address the housing deficit. This paper highlights a recent collaborative effort between the state and community groups to introduce nationally-owned vacant land for cooperative/community-based housing production in the city of Santa Fe. We explore this initiative in terms of the institutional, financial, and technical support it provides for communities and the direct provision of urban land as a potential way forward for engaging with communities to address housing shortages.