Land Institutions Research Articles

Legal Certainty of Land Banking Institutions: Theoretical and Current Challenges

Land banking is a form of land acquisition carried out by systematically acquiring land that has yet to be developed, abandoned land, or vacant land for further development and optimized use to benefit the community. The Government carries out this form of land acquisition to implement public land policies. This research uses doctrinal or normative legal research with a doctrinal approach and statutory regulations related to the Land Bank Concept and Institutions that are in accordance with the development of Indonesian Constitutional Law. Those legal material collected are analysed prescriptively. The result shows that the form of land banking is a special body (sui generis) that manages land with assets separate from state assets so that activities are more flexible, efficient, and effective. The appropriate Land Bank institutional model is in the form of a public service agency. As a separate institution from the ministry, the land bank's governance is based on general principles in the financial accounting system. Land asset management is directed at utilizing land in collaboration with other parties and distributing it to specified parties. Using land bank assets is to obtain income as capital accumulation. Meanwhile, the distribution of land assets is in the context of realizing a just economy through activities in the public interest, social interests, national interests, economic equality, land consolidation, and agrarian reform. Land banks must allocate part of their land assets for land reform.

Analisis Manajemen Risiko Pengelolaan Wakaf Pada Kantor Urusan Agama Kecamatan Payakumbuh Timur (Studi Pengelolaan Wakaf Tanah)

The main problem in this research is the source of risk that occurs in the management of waqf at the East Payakumbuh District Religious Affairs Office. The type of research that the author uses is field research with a qualitative approach research method. Data collection techniques through interviews and documentation. Meanwhile, the data analysis technique is by reducing data, presenting data and drawing conclusions. The results of this research show that there are 13 risks faced in the management of land waqf in the KUA of East Payakumbuh District and the form of control by conducting outreach to the wakif so that the wakif understands land waqf, holding meetings between the Head of the KUA of East Payakumbuh District and his Deputy. East Payakumbuh District KUA recommends to the wakif that the documents be completed. and the KUA takes the documentation at the time of the waqf pledge, keeps the documentation so that it is not lost and the KUA also advises the wakif to make a land certificate to the land institution so that the waqf land can be donated.

Land Policies and Institutions for Equitable and Resilient Growth in Africa

AbstractIn coming decades, Africa's urban populations will expand, and the effects of climate change be more keenly felt. Land policies and institutions will be key for urban dwellers to be able access productive jobs, breathe clean air, and live in decent housing; for entrepreneurs, especially women, to leverage land for productive investment; and for farmers to diversify, insure against shocks, and accumulate capital. Yet, many African land registries perform poorly, command little trust, and have failed to capitalize on opportunities to improve quality, relevance, and outreach via digital interoperability, use of earth observation, and connectivity. Literature highlights scope for regulatory and institutional reforms to (a) expand property taxation and land value capture and to improve urban service delivery, planning, and land use regulations; (b) increase quality and affordability of land services and access to land price and ownership data; (c) guide issuance of rural land use rights to reduce barriers to rural factor markets, including by spatially enabling farmer registries to improve subsidy targeting and effectiveness; and (d) demarcation and transparent decentralized management of public land to attract investment, including in climate finance, without fueling corruption, and to manage disputes before they escalate into ethnic violence.

Institutional Arrangement of Land Administration and Legal Frameworks for Providing Urban Land to Housing Cooperatives in Ethiopia: Evidence from Bahir Dar City

At global level, raising awareness of land management and institutional development plays an important role in building strong institutions for urban, regional, and national development, especially for housing. This can help the urban homeless by providing urban land when they need it. Hence, robust and well-structured urban land administration institutions are crucial for meeting planned housing land demand and achieving national, regional, and city-level objectives, contributing significantly to urban development. Because an effective urban land delivery system for housing favors low-income groups organized as housing cooperatives. However, substantial gaps in the current literature on land administration institutional structure have not been addressed in depth, notably in performing the land delivery process and utilizing communication as a tool between and within land administration functions and levels. The objective of this article is to investigate how an insufficient land administration institutional structure affects urban land supply to housing cooperatives as a capacity bottleneck. To achieve the study’s objectives, interviews and desk reviews were used as part of the mixed-methods approach to identify institutional structure challenges that limit effective communication and impede institutional performance in land delivery. The study found that inadequate institutional structures, conflicting roles, and poor communication channels were responsible for poor urban land delivery for housing cooperatives. Thus, without well-structured institutions in place, managing urban land may become an impossible mission, impeding progress towards sustainable development goals in cities. To this end, it is necessary to reform existing institutional structures to close current performance gaps related to institutional arrangements in urban land administration in general and land delivery for housing in particular. Ultimately, this conclusion calls for further research on responsible land stewardship and institutional arrangements, emphasizing the importance of understanding urban land institutions for housing developers in urban Ethiopia and analogous cities worldwide.

Institutional credibility and land investment: Evidence from new‐round land certification program in China

AbstractThe article examines the impact of the credibility of land institutions on households' land investment in the context of the new‐round land certification program in China. Specifically, we first build a theoretical framework differentiating effects of households' perceived credibility regarding land use right, transfer right and mortgage right on investment. Then, a two‐step control function (2SCF) approach which controls for the endogeneity of households' perceived credibility is applied to the data collected from 487 households in Jiangsu province of China in 2017. Results show that households' perceived credibility of land transfer right has a significantly positive effect on both households' labor‐intensive and capital‐intensive investment. Credibility of land mortgage right has a significantly negative effect on households' capital‐intensive investment. However, credibility regarding land use right does not significantly affect households' land investment we focused on. Policies strengthening land transfer right credibility, improving land mortgage right and encouraging households to apply credits to farm activities, may play an important role in enhancing soil‐improving land investment.

Origin of current intermediate wheatgrass germplasm being developed for Kernza grain production

Intermediate wheatgrass (IWG, Thinopyrum intermedium [Host] Barkworth & D. R. Dewey) has been developed as a perennial grain crop for human consumption along with providing environmental benefits and ecosystem services. Grain and products derived from IWG cultivars improved for food production have been marketed under the registered trademark, Kernza. Development of IWG as a perennial grain crop began in 1980s with a phenotypic recurrent selection program as the Rodale Institute (RI) and the Big Flats Plant Material Center (BFPMC) used IWG plant introductions (PI) from the National Plant Germplasm System (NPGS) to improve populations of IWG. Initial selections were provided to The Land Institute (TLI) where they were subsequently improved for grain production, yet the identity of the founder material of improved, food-grade IWG has not been publicly documented. Recently recovered original documents have been used to reconstruct the early breeding program to identify the most likely 20 PIs that form the founders of modern food-grade IWG. Molecular data using genotyping-by-sequencing in current elite breeding material, and remnant seed and plant material from the initial RI selections have provided supporting evidence for the historical records. The genetic origin for food-grade IWG is focused between the Black Sea and Caspian Sea in the Stavropol region of Russia, with smaller contributions likely from collections as distant as Kazakhstan in the east to Turkey in the west. This work connects the flow of germplasm and utility of NPGS PIs to present day IWG grain cultivars being developed in multiple breeding programs around the world.

Distinguishing Abiotic from Biotic Stressors in Perennial Grain Crops: Nutrient Deficiency Symptoms in Silphium integrifolium and Thinopyrum intermedium

Perennial grains have been proposed as a soil-healthy alternative to annual grains. Intermediate wheatgrass (Thinopyrum intermedium), whose seed is currently sold under the trade name Kernza®, and silflower (Silphium integrifolium), which is in the early stages of domestication at The Land Institute in Central Kansas, lack characterization for their deficiency symptoms. This has complicated attempts to assess the causes of visible stress on plants in the field and the greenhouse. By growing Th. intermedium and S. integrifolium in a set of hydroponic solutions, each containing all but one selected nutrient—including nitrogen, phosphorous, potassium, calcium, magnesium, sulfur, iron, boron, zinc, copper, molybdenum, and manganese—we were able to assess the effects of twelve different nutrient deficiencies across the two species. Visible symptoms were described and documented via photographs. The effects of the deficiencies on height, leaf biomass, root biomass, gas exchange and photosynthesis (silflower), and resin production (silflower) were measured. Calcium, nitrogen, and potassium were found to alter growth responses in intermediate wheatgrass; in silflower, growth, resin production, and photosynthetic traits were affected by many nutrient deficient treatments. Our results suggest that further work addressing how symptoms might look at the time of flowering, seed production, and in the field at different concentrations of key nutrients would help ongoing plant-breeding efforts.

Spatio-temporal characteristics and influencing factors of land disputes in China: Do socio-economic factors matter?

Land disputes pose significant challenges to social stability and development. In this paper, land dispute intensity (LDI) is measured at the provincial level in China from 2009 to 2018 and its spatiotemporal evolution characteristics and influencing factors are explored. The ordinary least squares(OLS), spatial durbin model (SDM), geodetector model, and panel threshold model are used to explore the spatial spillover effects of LDI and its potential non-linear relationship with socio-economic factors. The results reveal that LDI is spatially distributed in a decentralized form, with local areas showing the structural characteristics of “single core, multiple clusters”. The LDI exhibits a significant positive spatial autocorrelation and follows a “logarithmic” upward trend over time. The urbanization rate (UR), social security expenditures (SSE), and the number of land and resources institutions (NLRI) are important driving forces affecting LDI. The SSE and NLRI have a single threshold effect on the LDI, with a “V” shaped weakening trend, and the UR is an important factor causing nonlinear effects. Interestingly, the effect shifts from inhibition to stimulation when the SSE and NLRI cross the corresponding threshold value. This paper can provide new insights into the governance of land disputes.

Amino acid and fatty acid profiles of perennial Baki™ bean.

To realize the potential of sainfoins to contribute to sustainable agriculture and expand on demonstrated uses and benefits, de novo domestication is occurring to develop perennial Baki™ bean, the trade name used by The Land Institute for pulses (i.e., grain legumes) derived from sainfoins. The objective of this study was to characterize amino acid and fatty acid profiles of depodded seeds from commercial sainfoin (Onobrychis viciifolia) seed lots, and compare these results with data published in the Global Food Composition Database for Pulses. The fatty acid profile consisted primarily of polyunsaturated fatty acids (56.8%), compared to monounsaturated (29.0%) and saturated fatty acids (14.2%), and n-3 fatty acids (39.5%), compared to n-9 (28.4%) and n-6 (17.6%) fatty acids. The essential fatty acid linolenic acid (18,3 n-3) was the most abundant fatty acid (39.2%), followed by oleic acid (18,1 cis-9) (27.8%), and the essential fatty acid linoleic acid (18,2 n-6) (17.3%). The amino acid profile consisted primarily of the nonessential amino acids glutamic acid (18.3%), arginine (11.6%), and aspartic acid (10.8%), followed by the essential amino acids leucine (6.8%), and lysine (5.8%). Essential amino acid content met adult daily requirements for each amino acid. This indicates that sainfoin seeds may be a complete plant protein source. However, further research is necessary to better understand protein quality, defined by protein digestibility in addition to the amino acid profile. By demonstrating favorable fatty acid and amino acid profiles to human health, these results contribute to a growing body of evidence supporting the potential benefits of perennial Baki™ bean, a novel, perennial pulse derived from sainfoins.

THEORIZING ENVIRONMENTAL MEDIATION THROUGH IRELAND'S PEATLANDS

In colonial and postcolonial Ireland, boglands were seen as "wastelands" to be "improved" by large-scale enterprise. Today, they are strategic landscapes for carbon sequestration and climate solutions, both for the state and multinationals located in Ireland. Various contemporary projects, co-funded by industry and state partners, have facilitated the expansion and proliferation of sensing, monitoring, and mapping technologies across Ireland's bogs to measure and maximize their value in these economies. However, by doing so, they are laying the foundations for a "green grab" of Ireland's land resources by tech companies. This paper situates the historical resource and conservation landscape of Ireland’s peat boglands within their emerging role in datafied “green” revolutions. Emphasizing the stakes of land, resources, technologies, and research institutions within green transitions, the paper theorizes peat bogs an emerging site of digital climate solutionism. In doing so, I offer a framework for understanding resource landscapes in so-called “post-extractive” contexts where networked forms of extraction are innovated through public/private technoscientific research at the intersections of digital technology and ecosystemic interactions between geologies, atmospheres, and cultures. Bringing together literature from environmental media studies, STS, and geography, and performing participant observation and discourse analysis on emerging projects of peatland science in academic and industry settings, I theorize how “environmental mediation” offers an aperture for understanding how digital technologies network landscapes towards “ecosystem services” and other capital-driven climate projects.

The Relationship Between Inter-Legality and Organized Social Processes in Land Formalization Practices in The Sovereignty-Contested Area of Tanintharyi Region, Myanmar

The study considers the Dawei Special Economic Zone (DSEZ) project, which was a land formalization case in a sovereignty-contested area conducted by de jure Myanmar state, de facto Karen Nation Union (KNU), and an international developer. The DSEZ project planning comprised deep-sea Ports, 250 sq. kms of industrial estate zone, and the two-lane 148 km road linking Dawei in Myanmar and Kanchanaburi Province of Thailand as its main features. Recent studies of Myanmar land institutions in sovereignty-contested areas have mainly discussed the factor of "inter-legality," the integration of non-state land laws, as the solution for land disputes between the central state and armed ethnic political groups. However, the real-world case in this study indicated a second factor, "organized social processes," working in correspondence with the first factor. This research paper explores how the two factors were used together the integration of customary land practice into statutory property institutions, influencing changes in the structure and process of land formalization practices, and illustrates the unclear property institutions of sovereignty-contested frontiers. This research paper is a single case study that benefited from the researcher's five years of work experience in the DSEZ project's design, planning, and land acquisition. The obtained information comprises the project's land formalization documentation, published land laws which were checked with the project manager using the triangulation method, and local newspaper clippings. The study concludes that inter-legality and organized social processes should be used together in practice planning to form more context-oriented land formalization practices, employing collective community memory to reduce institutional inertia. Furthermore, the mutually-agreed standards can help avoid direct power contestation between the de jure and de facto.

Differential Influences of High-Speed Railway Stations on the Surrounding Construction Land Expansion and Institutional Analysis: The Case of Taiwan and Hainan

The purpose of this paper is to compare the differential impact of Taiwan High-speed Railway (T-HSR) and Hainan East Ring High-speed Railway (HER-HSR) stations on the surrounding construction land expansion, reveal the underlying institutional reasons, and then provide policy recommendations for coordinating the rational development of land resources and ecological environment protection around high-speed railway (HSR) stations. The research methods include the Institutional Analysis and Development (IAD) framework, buffer analysis, and GIS spatial analysis. The results show that (1) The spillover impact of HSR stations on the surrounding construction land expansion is the result of the game between different actors around the development and protection of land around HSR stations under the action scenarios of various external factors. The surrounding construction land of 12 stations of T-HSR increased by 269.98 km2 within the study scope and period, while the surrounding area of 10 stations in HER-HSR increased by 187.61 km2. (2) There are nine stations in T-HSR that affect the expansion of surrounding construction land within 1.0–3.0 km and lead to the expansion of construction land of 22.44 km2, while there are six stations in HER-HSR that affect the expansion of construction land within 1.5–3.5 km and lead to the expansion of construction land of 24.20 km2. Other stations cannot effectively identify their areas of influence due to other reasons. (3) Each station of HER-HSR has a stronger influence intensity and degree on the expansion of surrounding construction land than that of T-HSR, which is closely related to institutional factors such as land planning, land property rights, and public participation. In conclusion, the differences in land planning, land property rights, public participation, and other basic systems will lead to differences in the expansion of surrounding construction land for HSR stations. This research aims to provide institutional adjustment suggestions to achieve coordinated economic development and ecological protection around HSR stations in two Chinese islands with different institutional environments.

Study on the spatial changes in land use and landscape patterns and their effects on ecosystem services in Ghana, West Africa

Changes in land use significantly affect the environment by disrupting the natural landscape patterns. These changes may alter the ecological processes that affect the flow and provision of ecosystem services. In this study, we quantified land-use changes and the effects of landscape patterns on estimated Ecosystem Service Values (ESVs) at spatial and temporal scales in Ghana for four different years: 1995, 2005, 2015, and 2020. Using Fragstats spatial software, we computed landscape metrics to calculate the landscape patterns of the study area. We established a relationship between ecosystem services and landscape patterns by using correlation and regression analyses. The dominant land use in Ghana found in decreasing order were agriculture, forest, and savannah. The proportions covered by settlement and bare land were relatively small. The estimated ESVs for the study periods were US$172.11 billion in 1995, US$166.38 billion in 2005, US$166.07 billion in 2015 and US$166.59 in 2020. The entire decline observed was very significant (US$5.52 billion) because of the huge reduction in wetlands during this period. Linear multiple regression and correlation analyses revealed the relationships between ecosystem services and landscape patterns. According to the regression models, the landscape metrics of landscape composition and configuration had a net effect on the individual ecosystem services. This study provides useful reference material for land use policy makers, managers, and institutions involved in the implementation of policies and conservation practices to enhance the provision of ecosystem services.

Land revenue, inequality, and development in colonial India (1880–1910)

Abstract In my dissertation, I explore how colonial land institutions influenced both income inequality and the provision and funding of hospitals in colonial India. To do so, I present the first income inequality estimates assessing its evolution and levels across provinces and districts as well as a novel georeferenced hospital-level database. Findings suggest that the introduction of different colonial landownership rights—granting landownership and land revenue liability either to intermediaries or cultivators—explain differences in agricultural income inequality across districts and correlate with its evolution. These different landownership rights also affected the funding of hospitals through its interaction with local agency.

Algorithm of methodological aspects of nature management in Ukraine as constitutionally motivated requirements of today

A constitutionally motivated algorithm of methodological aspects of land and nature use, especially in the agricultural sphere, which is an effective mechanism (tool) for painless correction (elimination) of assumed errors in the process of the so-called «land reform» in Ukraine. The need to demarcate the rights of two different property objects to «land», namely: — to «land plot» (border) as an object of civil rights; and — on «land and its natural resources» as natural objects of ownership of the Ukrainian people, which are located within such areas, as well as the introduction of a de facto institute of nature management on a paid basis according to established regulations. It has been established that the criminal replacement of the current constitutional land norm of «use» with the unconstitutional factor of «distribution» contributes to the self-righteous use of natural resources as objects of someone else's property. A system mechanism is recommended for the implementation of approved project solutions of architectural, construction and land management arrangement in the entire geospace of the state, forming a balanced land use — from the standpoint of national interests and the interests of local communities. It has been proven that the application of this mechanism will eliminate any obstacles and objections in the primary identification and certification of all natural objects (existing and rehabilitated) that have a nature reserve, nature protection, water regulation, health, recreational, historical and cultural and other value. The outlined constitutional right will act fairly in the process of determining (removing from intensive use) plots in agro-landscapes that are subject to liming, afforestation and have environmental significance. It has been established that the main role as a factor of responsible financial support in the process of formation and formation of all such Ukrainian business entities (according to the target functional purpose) will be performed by the Budget of the National Land Institution of Ukraine together with and with the participation of able-bodied citizens who will independently decide in what way they will carry out their comfortable living in the relevant territory, as well as the budgets of local communities at the basic level. It is planned to organize more than 250,000 (preferably more than 500,000) new private family farms and peasant farms (ancestral, family estates) created by young families (the priority right is granted — to participants in hostilities (soldiers — winners) and their families) and their families), mainly, without hired workers, with a total area of almost 10 million hectares of small arable land massifs and other (4–5 million hectares) adjacent lands.

A Rural Land Share Cooperative System for Alleviating the Small, Scattered, and Weak Dilemma in Agricultural Development: The Cases of Tangyue, Zhouchong, and Chongzhou

“Small, scattered and weak”, i.e., small-scale arable land holdings, decentralized operation, and weak effectiveness are common agricultural development problems that most developing countries face. Promoting the moderate-scale operation and modernization development of agriculture under the premise of protecting social stability is a complex and systemic process. In the evolution of China’s agricultural business model and land system reform, the Land Shareholding Cooperative System (LSCS) emerged. However, few studies have focused on the relationship between rural land institution innovation and agricultural economic development. We found great potential in this approach in solving the dilemma of “small, scattered, weak” in agricultural development, while protecting farmers’ land property rights. We described the cases of Tangyue, Zhouchong, and Chongzhou in rural China through the research method to illustrate how this occurred. This approach takes full advantage of the combination of “cooperative” and “shareholding” while alleviating the incompatibility of the historical allocation of arable land with urbanization and agricultural development. Balancing the development of factor markets and protecting the welfare of members contributes to its effective implementation. This study provides valuable examples of agricultural development in similar areas and countries.

Urban land policy and urban land use efficiency: An analysis based on remote sensing and institutional credibility thesis

Ethiopia has an urban land lease policy in place to facilitate the transfer of land for residential, commercial and industrial purposes. Because of the lease policy, many cities have experienced significant expansion through massive conversion of agricultural land. Although the lease policy has been in place for nearly three decades, little is known about its effectiveness in promoting sustainable urban land use. This paper examines the effects of the lease policies on urban land use efficiency (ULUE). Building on the institutional credibility thesis, this paper investigated the performance of land institutions using the urban land use efficiency approach. Remote sensing data was used to investigate urban land use efficiency through spatiotemporal analysis of land use change. Analysis of satellite imagery was performed using ArcGIS. Moreover, quantitative and qualitative data from secondary sources were studied. The study findings show that in almost all study areas, urban land use efficiency is low, which is mainly reflected in the forms of land hoarding, land banking, illegal land grabbing, informal settlement, land use fragmentation and urban sprawl. A significant portion of the land transferred for various urban uses has remained vacant or underutilised for years, in direct violation of the provisions of the lease policy. This means that the lease policy has hardly been enforced to ensure efficient urban land utilization. This demonstrates the ineffectiveness (dysfunctionality) of the existing land institutions. It is concluded that some elements of the lease policy have evolved into an empty institution, i.e., a symbolic institutional arrangement that is largely ignored by socioeconomic and political actors.

INNOVATIVE SMEs AND SUSTAINABLE DEVELOPMENT PRACTICES

Sustainable development practices can help innovative small and medium enterprises (SMEs) to reach a growing number of consumers, as 50% of the growth of consumer packaged goods (between 2013 and 2018) was tied to sustainability-marketed products (New York University Stern study), while 70% of shoppers, driven by sustainability, would actually spend 35% more for environmentally-responsible purchases, according to IBM study. Circular economy principles, Life Cycle Assessment (LCA) and 17 United Nations Sustainable Development Goals (No Poverty, Zero Hunger, Good Health and Well-being, Quality Education, Gender Equality, Clean Water and Sanitation, Affordable and Clean Energy, Decent Work and Economic Growth, Industry, Innovation and Infrastructure, Reduced Inequality, Sustainable Cities and Communities, Responsible Consumption and Production, Climate Action, Life below Water, Life on Land, Peace, Justice and Strong Institutions, and Partnerships for the Goals) can highlight environmental hotspots in the small and medium businesses’ value chain, and offer the mitigation options to reduce environmental impact and boost cost-efficiency.

Perkembangan Pranata Pertanahan dalam Pengembangan Kota Baru Padang

After the earthquake that hit Padang City in 2009, the city development has been changed its direction. The city development which previously centered on the coast has turn to the east of the city, which was an agriculture area. Development of Eastern Area carry out a fairly large function as the central government area and residential development area. The emergence of The New City of Padang development policy is expected to become a policy in city management as a mandate from National Medium-Term Development Plan (RPJMN). The problem in developing this function is the lands in this area are customary lands/land controlled by the tribes in the eastern region of Padang. Therefore, it is necessary to know how the development of land regulation in Padang City in the management of the city. According to Tjuk Kuswartojo’s Human Habitat Development, land regulations in Padang City can be described in responding to the challenges of developing new cities in this region. The land institutions in Padang City is heavily influenced by customary system, therefore collaboration between the local government and customary authorities in Padang City is needed to create a new city.

Soil Microbiomes Associated with a Novel Perennial Grain Cultivated under Temperate Agricultural Conditions.

A perennial wheatgrass called Kernza perennial grains was developed by the Land Institute to harness the benefits of perenniality on soil health in a commercial farming system. This study compared bacterial and fungal soil microbiomes surrounding 1-year-old Kernza, 4-year-old Kernza, and 6-week-old winter wheat in Hudson Valley, New York.