Land Policy Instruments Research Articles

The role of land values in land policies: The case of Turkish land readjustment

The many problems in cities increase the need for effective land policies. Land values are at the core of land policy frameworks as they shape the implementation strategies of local governments, their effectiveness, and the consequences for individuals and society. The aim of this paper is to examine how land values within the land policy framework influence land policy objectives, with a particular focus on land readjustment. More specifically, through a three-step research process, we examine: (1) the current problems and potential improvements of Turkish area-based land readjustment through an analytical framework; (2) the potential impact of a specific policy intervention involving the provision of land values in land readjustment on land development objectives through a multiple case study approach; and (3) the broader implications of a new value-based land readjustment as a land policy instrument. The results suggest that land readjustment, by incorporating valuation, could provide better land development by enabling the acquisition and construction of public and infrastructure areas, has the potential to address the trade-offs faced by local governments, put fiscal decentralization into practice, and contribute to the development of legitimacy, effectiveness, efficiency, and equity in public land development strategies and land management.

Agricultural Land Market in Ukraine: Challenges of Trade Liberalization and Future Land Policy Reforms

After over 20 years of a strict moratorium on the turnover of agricultural land in Ukraine, an official market for this type of land has recently been established. The purpose of this study was to examine the functioning of the fundamental elements of this market from the moment of its introduction on 1 July 2021 until today, as well as to understand the possible directions for its further development. The analysis of the agricultural land market and the visualization of the obtained results were carried out using the PostgreSQL database, Python and SQL programming languages, and the QGIS and Metabase tools. It was found that the volume of the agricultural land market remains insignificant, as the total area of sold land during this period made up only 0.7% of the arable land area of Ukraine. Prices for land plots remained at the level of their normative monetary value and are still relatively low, which indicates the significant undercapitalization of agricultural land as a production factor. The stability of agricultural land prices under the influence of various factors also indicates their relative virtuality, which, taking into account the further lifting of restrictions on the size of land plots to be sold as of 1 January 2024, requires the use of appropriate land policy instruments in order to fully utilize the multipurpose role of land in the achievement of the Sustainable Development Goals, which should be based on a human-rights-based approach to rural development, food security, and land policy.

The taxing implementation of densification: The missed opportunity of the German land value tax

Densification and more efficient use of land are important planning challenges across Europe intended to aid the pursuit of sustainability goals. Property taxation influences land use. It can discourage or incentivize efficient land use. In the international academic debate, the land value tax is considered an effective land policy instrument that can promote more efficient use of land. Germany is currently transforming its property taxation system and has discussed different property tax models in the political decision-making process. This paper explores the political motivations of this reform based on a discourse analysis of plenary sessions and complementary in-depth expert interviews. On the one hand, the empirical findings highlight the experts’ positive assessment of the potential of the land value tax for efficient land use and densification. On the other hand, they also show how the potential allocative effects of the land value tax were largely overlooked during the political debates. Instead, discussion centred around distributional aspects of the property tax. It can be shown that despite the great potential for tackling urgent planning issues, policymakers are hesitant to adopt and apply instruments of land policy that intervene in existing private property rights.

Land value capture: dynamics and diversity of instruments and strategies

Land value capture refers to a range of methods utilised by public authorities to obtain a portion of the rise in land values from landowners. To enable both researchers and decision-makers to comprehensively assess the outcomes and effects of land value capture, evaluation frameworks are necessary. This special issue adopts four generic evaluation criteria as a framework for analysing the various land policy instruments: effectiveness, efficiency, justice and legitimacy. The opening editorial paper places this evaluation framework within the context of land value capture instruments and introduces the contributions to this special issue. The issue intends to show how studying land value capture policies based on explicit evaluation criteria can help their strategic application in diverse institutional settings.

Stadtregionen im Spannungsfeld zwischen Wohnungsfrage und Flächensparen. Trends, Strategien und Lösungsansätze in Kernstädten und ihrem Umland

Growing city regions are in between the poles of high land and housing prices and national land-saving targets. The mobilization of building land to create living space and the reduction of new land take represent a conflict of goals that can only be resolved by taking an integrated look at the instruments for meeting both challenges. In order to address this conflict analytically, a regional causal loop diagram is used to map the complex mechanisms of action between housing markets and new land use for housing in core cities and their hinterland and to use it as a theoretical framework. Using a mixed-methods approach, trends in residential development as well as municipal solution strategies in German city regions are investigated. The results show increasing land use efficiency in core cities and the dense hinterland, with simultaneous high, price-induced migration gains in the less dense hinterland, where single-family housing still dominates. It becomes evident that the questions about land saving in the hinterland and housing in core cities have to be considered mutually. The regional land take can only be minimized if affordable and attractive housing is provided in the core cities, especially for families. For this, a more consistent use of existing land policy instruments in combination with a regional commitment to higher densities, especially in the hinterland, is necessary.

Land tenure security for low-income residents' urban livelihoods: A human development approach review of temporary occupation license

Existing studies on the human development approach discuss how eliminating capability deprivation and enlarging people’s choice led to improvement on their overall wellbeing. However, land tenure security, the pre-condition to safeguard secure livelihood for poor and low-income urban residents is rarely discussed. This study examines the potential of the human development approach to the land tenure security debate by using a desk review of literature on both concepts. It employs the usage of a land policy instrument, known as the Temporary Occupation License (TOL), which aims to provide urban low-income residents with tenure security despite their lack of formal ownership over the land. In this context, land tenure security is understood from the subjective perspective, rather than from its traditional economic objectives. Findings show that the pursuit of human development through TOL results in an enhanced security of tenure amongst urban low-income residents in two forms. Firstly, protecting them against the threat of eviction through the principle of equity in which TOL provides opportunity for nonlandowners with legal access to state land for housing. Secondly, allowing households to gain the benefits of labour and capital invested in the land. For instance, the principle of efficiency embedded within TOL allows households to utilise land according to their priorities and needs; empowerment allows them to make decisions pertaining to housing and tenure upgrading, whereas sustainability allows citizens and authority to achieve developmental results that benefit both parties. The study concludes that the pursuit of the human development approach in land management, through administrative decisions and conducted in a participatory manner, can indeed enhance land tenure security for urban low-income residents.

Understanding variation in municipal land policy strategies: An empirical typology

Land use and development has a pivotal role in building sustainable future societies. Municipalities contribute to this effort by applying a set of land policy instruments to advance their selected policy objectives. The way in which a municipality chooses to activate these instruments is called a land policy strategy. The literature recognizes the diversity of land policy strategies within a single-country context, but as yet there has been no systematic and comprehensive examination of land policy practices to find out to what extent and how the municipalities' approaches to land policy differ from each other. To address this gap, this study examines the diversity of land policy strategies in Finnish municipalities by constructing an empirically grounded typology of municipalities' current strategies. Drawing on an extensive set of data on land policy practices in the 30 most populated Finnish municipalities, we identify five strategy types: land banking based active land policy, growth-oriented active land policy, regional vitality driven land policy, housing policy-oriented land policy and private development focused land policy. The strategy types are characterized by differences along six dimensions, namely land policy objectives, public land acquisition, public-private cooperation, public land allocations, economic incentives, and information steering and facilitation. The typology contributes to a deeper understanding of the variation and commonality in land policy strategies of local government authorities. Our findings support the view that current definitions of land policy strategies are too vague and ambiguous to portray the differences in strategies when the analytical focus is on municipality-level strategies.

Evaluation of agricultural land: theoretical aspects

Purpose – the currently existing market prices for land in the republic, various types of payment for it on a single methodological basis are considered. Methods – analysis and synthesis, a systematic approach, logical, in order to ensure the rational use and protection of land, protect the rights of owners, land users and tenants, create an objective basis for setting land prices, land tax and rent. Results – the author states that in Kazakhstan market prices for land have not yet been formed, and the mechanism of payment for it does not stimulate the rational use of land resources. There is an obvious need to improve the economic mechanism for regulating land relations, reflecting differences in the quality of soils, depending on natural and artificial fertility, natural and climatic conditions of a certain area, location of land plots that affect such important indicators as gross production, gross and net income, profit. It has been justified that the economic assessment of the land value, i.e. determination of the comparative land value as a means of production in agriculture, contributes to the development of financial instruments of land and property policy of the country, region, stimulation of investment and the development of entrepreneurship. Conclusions – the value of a land plot should be determined taking into account all expected income and benefits from its use. In this sense, the evaluation of agricultural land in market conditions is the identification with the income they generate, which is based on the theory of land rent.

Legal Problems of Public Policy and Strategic Planning of Land Management

Strategic planning in land is now at the stage of development and adoption of new documents defining goals, objectives, directions, priorities and instruments of state land policy and land management. The uniqueness of this object of public management and strategy requires a systematic approach to strategic planning based on both the ecological and social significance of the land and economic value of land resources. The authors examine the possibility of their use as a natural means of agricultural production, draw attention to forestry—the most important factor in the development of economic industries as a territorial (spatial) basis (foundation) of economic activity—location of capital construction objects, other real estate objects, development of modern systems of settling population in an urban and rural areas, urban agglomerations. Accordingly, strategic planning for land management in real estate and spatial development is an important part of land management, urban planning and other related areas.The paper considers terminological and conceptual problems of the object and subject matter of these relations (land, land resources, territory, space, real estate, spatial development, land use ) in the cross-sectoral context of strategic planning. The authors have determined the main issues of formation of the concept and strategy of state strategic management concerning land resources in general, as well as the land use strategy in differnt settlements in the context of present day factors influencing the state of development of this strategic area. The paper examines intersectoral aspects of preparation of documents of strategic planning, the connection of the land use with other areas of strategic management of public development (socio-economic, spatial, urban planning, state property management, energy, environmental safety).As the result of the study, the authors propose new approaches to land strategy and its improvement.

Towards a holistic land law evaluation in sub-Saharan Africa: A novel framework with an application to Rwanda’s organic land law 2005

Land laws provide a legal basis for addressing a country’s land-related strategies and are the central land policy instruments through which governments realise land policy objectives. Considering their vital role, it is imperative that land laws be evaluated to ensure that policy objectives are followed and that the laws are not ineffective or counterproductive. The extant literature, however, provides only a fragmentary basis for evaluation. The present study addresses this gap and constructs a novel framework to support the holistic evaluation of land law performance in the context of sub-Saharan Africa (SSA). The framework was developed through a review of systematically selected literature on land laws in SSA. Four key evaluation perspectives emerged: land access; land tenure; land use and development; and land administration institutions. The framework was then used to assess the overall performance of Rwanda’s Organic Land Law (OLL) 2005 through a content analysis of secondary data on the land reform outcomes. The OLL application suggests that the framework may provide stakeholders with insights into the overall effects of land law and potential areas of improvement. However, the framework must be further explored in various cases of SSA countries to validate its functionality.

Strategic use of land policy instruments for affordable housing – Coping with social challenges under scarce land conditions in Swiss cities

For decades, many cities have introduced densification policy objectives to stop urban sprawl or to promote efficient use of natural resources. In the urban housing sector, however, densification projects often intensify social challenges. Due to rising rents after modernization of existing housing stocks as a consequence of densification, low-income tenants are forced to leave their apartments. Risks of social exclusion and segregation increase simultaneously.In this article, we analyze how municipal planning authorities cope with affordable housing shortages in a context of urban densification. Specifically, we ask: How do municipal planning authorities promote affordable housing in densifying cities? To answer this research question, we apply a neoinstitutional analysis approach to better understand (1) the basic mechanisms of how land policy instruments impact affordability, and (2) why specific instruments are activated to defend affordable housing objectives. Through qualitative case study analysis of four Swiss urban municipalities, our results show that the mere availability of land policy instruments is not sufficient but that the strategic activation of specific instruments matters.

Land-policy instruments for densification: the Dutch quest for control

Land-policy instruments are important to local governments for the implementation of densification. This article explores the factors behind local governments’ motives that determine the use of specific land-policy instruments to achieve densification. The aim is to increase understanding of how available land-policy instruments are applied in practice by local governments to realise housing development at inner-urban locations. In-depth analysis comparing two Dutch municipalities shows that common underlying factors explain municipal land-policy applications, while available instruments are used differently. Insights into these factors help to explain local governments’ behaviour regarding land-policy instruments.

Review: Instruments of Land Policy: Dealing With Scarcity of Land, by Jean-David Gerber, Thomas Hartmann, and Andreas Hengstermann, eds.

Review: <i>Instruments of Land Policy: Dealing With Scarcity of Land</i>, by Jean-David Gerber, Thomas Hartmann, and Andreas Hengstermann, eds.

A transaction-cost analysis of Swiss land improvement syndicates

Land improvement syndicates (LIS) are a land-policy instrument that has been implemented in Switzerland to incorporate land readjustments, zoning changes and infrastructure provisions within a single instrument. These instruments address contentious situations, such as disagreements among landowners, inappropriate property subdivisions, problematic allocations of development rights, and the distribution of infrastructure provision costs. LIS redistribute added land values and costs of land development between landowners in a more equitable manner. While LIS have been in place for several decades, there have been limited studies on institutional aspects of these policy instruments, and particularly their associated transaction costs. In line with the transaction-cost economics theory, this paper considers the activities involved in the formation and execution of LIS as a series of transactions and discusses when and why transaction costs arise throughout the life cycle of the policy instrument. To this end, this paper uses an LIS case study in the commune of Cheseaux, Canton Vaud. The results of this paper show the variance of transaction costs across time, actor and activity. Activities such as preparation of the feasibility study and infrastructure provision are among those that appear to generate particularly considerable transaction costs. In addition to this, there is evidence of lengthy negotiations surrounding the existing and future land values and redistribution of development rights.

TRADITIONAL POPULATION AND TOURISM: TAUS AS A TOOL FOR DISPUTE MANAGEMENT?

Abstract The reproduction of real estate capital, generated through tourist facilities and secondary residences, is one of the main modes of production in the coastal region, causing, at times, conflicts with the interests of remnant traditional populations. This article aims to analyse the concession of the Term of Authorization for Sustainable Use (TAUS) - a land policy instrument for ownership regularization developed based on the recognition of the traditional populations’ right to housing and the management of their socioeconomic practices - to Caicara Traditional Communities, situated along Praia de Castelhanos, in Ilhabela (SP). The work was carried out by a descriptive and exploratory study, complemented by secondary data and by participant observation. It is understood that issuing the TAUS offers the caicara the power of decision and the possibility of participation; however, by its uniqueness on tourist desired territories, it appears inconsistent especially regarding the practical aspects of territorial management and disputes of these communities with external stakeholders.

Sürdürülebilir Kentsel Gelişmenin Elde edilmesinde Kentsel Dönüşüm Uygulamaları, Konya Kenti Örneği

In Turkey, urban regeneration projects are being used as an important land policy instrument to achieve sustainable development. However, the failure to meet residents’ expectations and to establish a sound legal framework, together with a and failure to establish an effective dialogue with the stakeholders, all have implications for the sustainability and eventual success of these policies. Firstly, this study is an examination of urban land development policies in Turkey, focusing on problems of urbanization and land management. Subsequently, urban regeneration projects in Konya, Turkey, were studied from an urban land development perspective and a proposal made for spatial objectives in an area planned for urban regeneration. The purpose of this study is to present spatial solutions the physical and social structural problems experienced in the old city center of the province of Konya in Turkey with urban regeneration applications, which are implementation methods for sustainable estate policies. For this purpose, firstly the methods that are used in Turkey for implementation of urban estate policies were examined in the light of the literature. Then, the urbanization-related problems in the selected site of urban regeneration were presented, and spatial solution recommendations were made in relation to renewal of the physical structure and increasing the quality of life. This study is important in terms of presenting and discussing the process of creating spatial-functional goals for producing sustainable estate policies and urban regeneration applications related to the urban sprawl, property issues and social structure problems that occur in city centers that are getting old.

Urban land readjustment: Necessary for effective urban renewal? Analysing the Dutch quest for new legislation

Dutch municipalities have four instruments to actively assemble landownership. Using these instruments, municipalities have been capable to steer land use developments in both rural and urban areas into the desired directions. Despite the available instruments to assemble land, the necessity for a new act that enables urban land readjustment (ULR) has been discussed several times in the past decades. In 2015, the decision has been made to implement a new act for ULR. Given the situation that ULR will be added to the Dutch land policy instruments, this study explores the main conditions and features that the ULR act needs, to concede to expectations of urban planners, who currently consider the use of ULR. To do this, eleven cases in which ULR is considered as land policy instrument, were analysed. The results show that the expected added value of ULR is mainly related to its ability to share financial costs, gains and risks; to effectively relocate owners and reshape parcels; and to decrease the development costs that occur during active land acquisition. This implies that the main characteristics of regulation on ULR are to enable: 1) the financial division of risks and costs amongst owners, 2) a facilitative role for public parties, and 3) ways to reach agreement on adjusting the property and parcel structuring amongst land owners. Given the current Dutch situation, in which ULR is perceived as an instrument that can be especially valuable in urban renewal tasks with low financial profits, legislation that enables mandatory exchange under strict circumstances is argued to be necessary, to ensure an added value of the instrument upon existing instruments for land assembly.

DEMYSTIFYING THE NON-SUSPECTED RETARDANTS OF FORMAL DELIVERY AND ACCESSIBILITY OF URBAN LANDS FOR REAL ESTATE DEVELOPMENT IN NIGERIA

There appears to be a constantly incontrovertible, yet delicately inseparable cord, between land resource as an all-time invaluable asset, and meaningful socio-economic growth and development. Much as this assertion holds, what enigmatically remains almost unsolvable is the seeming unending mystery that surrounds ‘wilful’ prevention of access to this very non-substitutable resource, in spite of its tangentiality to virtually all endeavours, around which the survival of all human beings revolves. Thence, it is compellingly tempting to reason that, some ‘unseen’ factors are decidedly making the delivery and accessibility of land, especially within urban milieu, extremely difficult, so much that, enviable growth and development might be so perennially elusive, particularly to the poor segment of the populace, which unfortunately forms the largest proportion of any country’s citizenry, Nigeria inclusive. Although, the trend facades itself to be solely caused by economic and other attendant pecuniary factors, but as all the economically-defined strategies seem not too effective over the years, to finally nail several challenges associated with formal land delivery and accessibility; it behoves upon researchers and policy-makers alike, to look beyond the ordinary. Hence, the demystification exercise such as this, which is geared towards unravelling this mystery, reveals more factors that are indeed non-pecuniary, this is the crux of this study. Therefore, this study, which is part of a doctoral research, pre-empirically via literature reviews and two pilot surveys, generated those not-so-suspected non-pecuniary factors that are considered as retardants to the formal delivery and accessibility of urban lands in Nigeria. These retardants are then catalogued and coined into one major determinant variable, which is called policy development and compliance engineering (PDCE) for ease of empirical exercise that was to follow later, as well as for the understanding by all would-be stakeholders. This major determinant variable is then being measured by other three latent constructs, which are calibrated to encompass some integral items of questions as their evaluative components; these constructs are named policy relevance and appropriateness (PRA), contents and context of policies (CCP) and role mediation regime (RMR). Hence, out of the total of 2408 respondents as total sample space, 850 respondents were qualified as the sample frame, from where a total of 450 respondents were considered for the sample size, upon which well structure questionnaires of 5point Likert scale type were administered among career land officers and tenured land regulators in the MDAs, independent land consultants and NGOs with shelter mandate, as well as various categories of land users and developers. After through normality and reliability tests on the 427 retrieved questionnaires, only 11 were considered invalid and thus rejected. Therefore, the remaining 416 questionnaires that were valid went through AMOS’ version 18 software for Structural Equation Modelling (SEM) analyses. The results showed amongst other things that among the three major constituting retardants of formal land delivery and accessibility, contents and context of policies has the highest regression via its estimate of 0.26 with critical ratio of 4.86, which thus makes it to be the greatest among the policy development and compliance engineering constructs, as contributor of retardation upon the propensity of formal lands’ regulo-administrative machineries to efficiently deliver lands for optimum accessibility by the land users and developers. Among other recommendations to address this pathetic scenario, are that the government should strive and ‘nigerianise’ all or very many important provisions of all the relevant land policy instruments, etc. Article visualizations:

The development of the right of self-realisation in the Netherlands

AbstractThe term “self-realisation” is not defined in any Dutch legal provision, but has emerged from case law based on the Expropriation Act. This article describes the development of the right of self-realisation in the Netherlands. In addressing this subject, the article presents a brief historical overview of the Dutch land policy and land policy instruments. In addition, Royal Decrees and case law about the right of self-realisation are discussed.

Delivering Planning Objectives through Regional-Based Land-Use Planning and Land Policy Instruments: An Assessment of Recent Experiences in the Dutch Provinces

This paper evaluates the extent to which the introduction of four new regional planning and land policy instruments in the Netherlands improves the delivery of regional planning objectives. On the basis of case-study research, we identify why and to what extent the Dutch regional authorities—the provinces—have adopted these new instruments and assess whether or not the instruments offer opportunities for improving the delivery of regional planning objectives. The study shows that regional policies and plans are often implemented without consideration of their consequences for national or local planning objectives. As a result, the instruments may not address current policy delivery needs, and may even compound local policy failures. We conclude that the use of such instruments should be accompanied by a more thorough discussion of regional planning tasks and objectives, and a debate on the role of regional authorities within the multilevel governance setting.