Mineral Disposal and Mining Rights on Private Land

Author(s):  
Anthony Scott
Keyword(s):  
2011 ◽  
Vol 29 (1-2) ◽  
pp. 10-12 ◽  
Author(s):  
T. N. Kaye ◽  
R. Schwindt ◽  
C. Menke

2020 ◽  
Vol 53 (3) ◽  
pp. 64-87
Author(s):  
Volodymyr Reznik ◽  
Oleksandr Reznik

This article explores the sources of legitimacy of private property in the means of production in Ukraine. The conceptualization of legitimacy of private property was made by analyzing theoretical approaches to the study of the foundations of private property relations in Western countries. The application of these approaches tests economic utilitarian, psychological, and sociocultural explanations of legitimacy of large and small private enterprises and private land in the process of activation of post-communist transition of Ukrainian society. The basic hypothesis was that the process of legitimation of private property in the means of production proceeds by uniting utilitarian and psychological adaptation with sociocultural agreement of ideological attitudes. This hypothesis was verified with the help of created legitimacy indices by comparison of linear regressions and data of the Institute of Sociology of the National Academy of Sciences (NAS) of Ukraine for 2013 and 2017. The results indicate that the hypothesis has been held true only concerning legitimacy of small private enterprises. They have acquired a moderate extent of legitimacy owing to the fact that besides the factors of adaptation, social recognition has increased at the expense of people who support the multiparty system and the liberal and mixed methods of regulation of the economy. In contrast, the existence of large private enterprises and private land has not acquired the corresponding sociocultural foundation.


2017 ◽  
Vol 15 (1) ◽  
pp. 120-130 ◽  
Author(s):  
Swoyambhu M. Amatya ◽  
Prakash Lamsal

 This paper reviews and analyses the present status of private forests and tenure administration in light of existing legal, policy, and regulatory frameworks in Nepal. Additionally, the present status of private forests, as well as the scenarios of timber harvesting, transportation, marketing, and their administration are thoroughly revised. Provisions regarding forests and trees on private land and their basis are examined and implications are articulated for potential policy improvements for enhanced tenure security. It is shown that robust national-level policies and legal frameworks exist, and that there is an increasing trend of timber flows to markets from private forests over the past five years. However, there is still skepticism, mistrust and fear amongst private forest owners, saw millers, and forest administration that prevents the full use of the bundle of rights that legal and policy provisions have promised. An unusually slow pace of private forest registration, lengthy and multi stage processes for obtaining harvesting and transportation permits, and official bans on important commercial species, among others, are found to be the factors that most hinder the private forest owners’ and tree growers’ interests, and their rights and obligations with respect to the management and use of their private forest resources. It is concluded that a simplified permitting process along with programmatic support would promote and help to grow private forestry and that Nepal’s experience and lessons learned from community forest implementation would be a great asset to move towards this end. Connecting community forest user groups for organised and cooperative action, and mobilising their institutional strength and accumulated funds for pro-farmer technical and regulatory support would allow farmers to intensify tree plantations and forest management. Further steps are required to convince policymakers and secure necessary budgetary support to this end..


2021 ◽  
pp. 1-9
Author(s):  
Adena R Rissman ◽  
Molly C Daniels ◽  
Peter Tait ◽  
Xiaojing Xing ◽  
Ann L Brower

Summary Neoliberal land reforms to increase economic development have important implications for biodiversity conservation. This paper investigates land reform in New Zealand’s South Island that divides leased state-owned stations (ranches) with private grazing leases into state-owned conservation land, private land owned by the former leaseholder and private land under protective covenant (similar to conservation easement). Conserved lands had less threatened vegetation, lower productivity, less proximity to towns and steeper slopes than privatized lands. Covenants on private land were more common in intermediate zones with moderate land-use productivity and slope. Lands identified with ecological or recreational ‘significant inherent values’ were more likely to shift into conserved or covenant status. Yet among lands with identified ecological values, higher-threat areas were more likely to be privatized than lower-threat areas. This paper makes two novel contributions: (1) quantitatively examining the role of scientific recommendations about significant inherent values in land reform outcomes; and (2) examining the use of conservation covenants on privatized land. To achieve biodiversity goals, it is critical to avoid or prevent the removal of land-use restrictions beyond protected areas.


2021 ◽  
Author(s):  
David C. Pavlacky ◽  
Christian A. Hagen ◽  
Anne M. Bartuszevige ◽  
Rich Iovanna ◽  
T. Luke George ◽  
...  

2021 ◽  
pp. 009059172110085
Author(s):  
Anna Jurkevics

The recent phenomenon of land grabbing—that is, the large-scale acquisition of private land rights by foreign investors—is an effect of increasing global demand for farmland, resources, and development opportunities. In 2008–2010 alone, land grabs covered approximately 56 million hectares of land, dispossessing and displacing inhabitants. This article proposes a philosophical framework for evaluating land grabbing as a practice of territorial alienation, whereby the private purchase of land can, under certain conditions, lead to a de facto alienation of territorial sovereignty. If land grabs alienate territorial sovereignty, it follows that inhabitants can claim a violation of the people’s right to “permanent sovereignty over natural resources.” However, because sovereignty is entangled in the historical and contemporary causes of land dispossession, I cast doubt on this strategy. Territorially sovereign regimes often undermine democratic land governance by obstructing participation in activities such as zoning, land use, property regulation, and environmental stewardship. These activities, which I theorize as practices of “world-building,” are key to democracy because they give occupants a say in the shape of their common home. The perplexities of sovereignty in matters of land governance suggest that establishing democratic participation in rule over land requires fracturing sovereignty.


Forests ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 934
Author(s):  
Andy McEvoy ◽  
Becky K. Kerns ◽  
John B. Kim

Optimized wildfire risk reduction strategies are generally not resilient in the event of unanticipated, or very rare events, presenting a hazard in risk assessments which otherwise rely on actuarial, mean-based statistics to characterize risk. This hazard of actuarial approaches to wildfire risk is perhaps particularly evident for infrequent fire regimes such as those in the temperate forests west of the Cascade Range crest in Oregon and Washington, USA (“Westside”), where fire return intervals often exceed 200 years but where fires can be extremely intense and devastating. In this study, we used wildfire simulations and building location data to evaluate community wildfire exposure and identify plausible disasters that are not based on typical mean-based statistical approaches. We compared the location and magnitude of simulated disasters to historical disasters (1984–2020) in order to characterize plausible surprises which could inform future wildfire risk reduction planning. Results indicate that nearly half of communities are vulnerable to a future disaster, that the magnitude of plausible disasters exceeds any recent historical events, and that ignitions on private land are most likely to result in very high community exposure. Our methods, in combination with more typical actuarial characterizations, provide a way to support investment in and communication with communities exposed to low-probability, high-consequence wildfires.


Land ◽  
2021 ◽  
Vol 10 (8) ◽  
pp. 797
Author(s):  
Malcolm Childress ◽  
Selina Carter ◽  
Edgard Barki

This paper aims to analyze the financial and operational approach to land regularization and financing used in Brazil by an innovative private social enterprise in order to demonstrate that the approach widens the concept fit-for-purpose land regularization to include fit-for-purpose land financing, with relevance for wider efforts in informal settlement regularization and upgrading. In this approach, the enterprise acts as a coordinator and broker to organize the residents of informal settlements to regularize their settlements by negotiating buyouts of the underlying private owners at discounted values, handling titling and registration of the occupants, and coordinating with municipal governments to provide infrastructure. The analysis of parcel-level repayment and price data provides evidence of the sustainability of the business model and increase of property values of the regularized parcels. The results presented from the enterprise’s own repayment data demonstrate that under (non-pandemic) historical conditions residents are largely able to pay an affordable monthly payment over 7–10 years to the enterprise for the service to purchase the plots and maintain the enterprise. In operation since 2001, the enterprise has regularized over 20,000 parcels in more than 30 settlements, primarily in the cities of Sao Paolo and Curitiba in Brazil. The approach suggests that it could be widely replicable and add to the set of options for regularizing informal settlements, especially when purchase of private land is required.


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