scholarly journals LOSSES AS THE RESULT OF RESTRICTIONS ON USE OF LAND. TRANSFORMATION IN THE MONEY

2019 ◽  
pp. 656-670
Author(s):  
V. Savchak
Keyword(s):  
Land Use ◽  
National Standard ◽  
Clear Understanding ◽  
Negative Consequences ◽  
Real Property ◽  
Land Plot ◽  
Land Owners ◽  
Contractual Obligations ◽  
Actual Damage ◽  
The Right

Due to the lack of a proper conceptual and categorical apparatus, it is rather difficult to determine under what circumstances the owner / user of the land plot has the right to reparation and what is the actual damage. That is why, for a clear understanding of the tasks of land management expertise and the feasibility of a full, substantiated and objective study to calculate the amount of damage caused to land owners and land users, we consider it necessary to go further into the aspect of losses, for example, of damages caused by the restrictions on land use , and the order of their calculation. Using the example of restrictions on the use of land, the author came to the conclusion that grounds for imposing restrictions on the use of land, according to article 111 of the Land Code of Ukraine, do not cause a loss to the land owner/user in each case. We believe that the loss caused by restrictions on the use of land, are the lost, additionally spent or under-received property benefits (monetary assets), caused by the violation of the rights of the owner / user of a land plot after establishing the restrictions of a land use on a land plot. In itself, the restriction in the use of land does not give rise to the right to compensation for damages, however, it can adversely affect the property of the owner (worsen it, destroy it), and therefore occurs a damage. It was also determined that the fact of causing harm to the owner or user of the land plot, that is, the onset of negative consequences for him, is not always associated with unlawful behavior. And the right to compensation for damages the owner / user of the land will have, regardless of the fault of the subject who caused him damage. Legal relations arising in the land sphere allow special conditions for the compensation of losses to land owners / land users that arise: – under the circumstances of the occurrence of harm through the perfect wrongful act; – under the circumstances of the occurrence of harm through the perfect lawful act; – under the circumstances of the occurrence of damage caused by the violation of contractual obligations. Referring to the procedure for calculating the amount of damage, the author concludes that this is carried out in a general manner, in accordance with special regulations – National Standard №. 1 «General Basis for Assessing Property and Property Rights», approved by Resolution of the Cabinet of Ministers of Ukraine No. 1440 of 10.06.2003 and National Standard № 2 «Real Property Valuation», approved by the Resolution of the Cabinet of Ministers of Ukraine of 28.10.2004 №. 1442. Key words: forensic examination on questions of the use of land; land plot; losses inflicted to the land owners and land users; the restriction in the use of land; calculation of losses.

scholarly journals LAND PLOT AND ITS INTEGRAL PARTS

2020 ◽  
Vol 30 (2) ◽  
pp. 236-242
Author(s):  
A.L. Bazhaykin ◽  
V.N. Chernyaev
Keyword(s):  
Land Use ◽  
Real Estate ◽  
Legal Aspect ◽  
Roman Law ◽  
Real Thing ◽  
Land Plot ◽  
Land Owners ◽  
The Status ◽  
Environmental Requirements ◽  
Trees And Shrubs

The article considers the legal prerequisites for giving a land plot the status of the basic real thing, establishment and perception in the legal aspect of "a united object (land plot with its constituent parts)", as in the theoretical literature, regulatory legal acts the approach to understanding the land plot in its relationship directly with its constituent parts (part of the land plot, part of the forest area, consolidated land use, multiple land) has prevailed. Besides, there is a prevailing priority of a land plot, which came to us from Roman law, over other types of real estate (buildings, constructions, objects of incomplete construction, etc.), natural objects and natural resources (ponds, drowned open-cuts, trees and shrubs, subsoil plots, soil stratum and others) located within, under and above its boundaries, in compliance with environmental requirements upon realization of warrants by land owners, as well as land owners with limited rights and land users.

scholarly journals On the Consolidation in the Legislation of the Concept of Rational Use of Land

2018 ◽  
Vol 5 (3) ◽  
pp. 151-155
Author(s):  
S A Lipski
Keyword(s):  
Land Use ◽  
Land Use Planning ◽  
Soviet Period ◽  
Reduced Form ◽  
Negative Consequences ◽  
Federal Law ◽  
Rational Use ◽  
Land Plot ◽  
Improper Use ◽  
The Moment

The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. But unambiguous def inition and at that time there was no.Conceptual-legally and comparative-legal methods are applied.Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author for the first time analyzes these issues in conditions of exclusion in 2016 from legislation the majority of the norms with mention of improper use of land. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal Law «About Land Use Planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal Law. Since its adoption in 2001, the Federal Law «About Land Use Planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.

Compensation for land and building compulsorily acquired in Nigeria

2018 ◽  
Vol 36 (4) ◽  
pp. 446-460
Author(s):  
Idu Robert Egbenta ◽  
Francis P. Udoudoh
Keyword(s):  
Land Use ◽  
Market Value ◽  
Land Acquisition ◽  
Real Property ◽  
Content Type ◽  
Land Owners ◽  
Fair Market ◽  
The Law ◽  
Fair Market Value

Purpose Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory. The Land Use Act (LUA) of 1978 now cited as Laws of the Federation of Nigeria, CAP l5 LFN 2007, stipulates the use of Depreciated Replacement Cost (DRC) Method in the valuation for compensation purposes for building and installation. The purpose of this paper is to criticize the application of the DRC technique in the valuation by acquiring authority as it does not arrive at fair market value and adequate compensation in Nigeria. Design/methodology/approach The method adopted for the study was a case study of real world valuation for compensation. Data used in the study were gathered mainly from government ministries and agencies responsible for land acquisition and compensation purposes. They included the Ministry of Lands and Housing, Land Use and Allocation Committee, and Ministry of Works and Transport. Market data on rental value, sales prices and other relevant data were collected from firms of professional that deal in real property. Findings The result of the study reveals that valuation by acquiring authority using DRC methods as prescribed by the LUA does not reflect market value and it is inadequate to put the claimants in the position they were before the acquisition. As such, most victims expressed dissatisfaction with the amount paid to them, which sometimes result to crisis, conflict and prolonged litigation, resulting in delay in executing or abandonment of the intended project. Research limitations/implications The study is limited to only one case study on acquisition and compensation for land and buildings with particular reference to Akwa Ibom State. This limitation does not invalidate the result as the law is applicable to the whole country. Practical implications The implication is that the LUA needs to be review to fair market value as basis of valuation and payment for site value as well as the constitution to add “adequate” to Section 44 (1a). This will reduce the incidence of many communities and land owners protest against the decision of government or its agents to acquire their land for public purposes. Originality/value The methodology meets the requirement of the law regarding compulsory land acquisition and compensation in Nigeria: The LUA of 1978. Using three scenarios: the valuation by acquiring authority, claimant’s valuers and independent valuers to illustrate the critique of the methodology, the result shows the inadequacy of compensation.

scholarly journals Wildtierökonomik – Analyse der Wildtierbewirtschaftung in der Schweiz (Essay) | Wildlife economics – An analysis of wild animal management in Switzerland (essay)

2009 ◽  
Vol 160 (4) ◽  
pp. 79-86
Author(s):  
Lars Liebig
Keyword(s):  
Wildlife Management ◽  
Leisure Time ◽  
Conflicts Of Interest ◽  
Wild Animal ◽  
Animal Population ◽  
Time Activity ◽  
Animal Management ◽  
Land Owners ◽  
Contractual Obligations ◽  
The Right

Wildlife economics is a special way of thinking in which theoretically accepted and empirically founded models form the basis. Such make it possible to convert the wildlife/forest conflict situation into a man-to-man conflict. These models are tied up with specific conditions. As long as these are accepted, and on the basis of the analysis results, statements on the creation of institutional and organisational frameworks for wildlife management can be formulated, without being obliged to include the density of the animal population. The wildlife population is more often than not managed in common by various management groups. In a market characterized by competitiveness, all wildlife management interests can be integrated into the models of those who hunt as a leisure time activity and those of the land owners interested in a maximum profit. When the leisure time hunter and the land owner are not one and the same person, the optimal wildlife densities for the individuals concerned are always different. Conflicts of interest in shared management result from an unequal level of information between the principals concerned and a lack of feasibility in observing whether, during the phase of carrying out the contract, the partners have fulfilled their contractual obligations. Under these conditions, and if one accepts that the current animal population cannot be monitored, self-implementing agreements between leisure time hunters and land owners, as an institutional organisational arrangement, offer a possibility for settling conflicts. In order to be able to introduce such a model of wild animal management in Switzerland, the right to hunt would have to be associated with land ownership. Such a new ruling within the institutions would offer the possibility for the people directly concerned, that is to say the land owners and the hunters, to be able to settle between themselves conflicts connected with the management of wildlife, for example when wild animals cause damage.

scholarly journals Compulsory licensing in favor of patentholders of dependent pharmaceutical inventions

2021 ◽  
Vol 12 (1) ◽  
pp. 73-98
Author(s):  
Arina S. Vorozhevich ◽  
Keyword(s):  
Compulsory License ◽  
Pharmaceutical Market ◽  
New Drugs ◽  
Clear Understanding ◽  
Negative Consequences ◽  
Compulsory Licensing ◽  
Essential Patent ◽  
The Right ◽  
Standard Essential Patent ◽  
Improved Characteristics

The article analyzes the conditions for issuing a compulsory license in favor of the patent holders of dependent pharmaceutical inventions on the basis of Paragraph 2, Article 1362 of the Russian Civil Code. The criteria for the relevance of a dependent invention to important technical advancements with significant economic advantages are disclosed. An analysis of the emerging Russian court practice on the issuance of compulsory licenses in the pharmaceutical market, meanwhile, showed that Russian courts lack a clear understanding of when a patent holder can and cannot apply for a compulsory license. The author proves that compulsory licensing is an effective mechanism to prevent abuse of the right (first of all, to standard-essential patent) in the markets of complex innovations (IT, electronics and telecommunications). At the same time, its implementation on the pharmaceutical market can lead to negative consequences: discourage pharmaceutical companies to invest in the development of new drugs, register breakthrough drugs in Russia; reduce foreign investment in the pharmaceutical sector. In this case, the provision of compulsory licenses should be interpreted as an exceptional tool. The issuance of a compulsory license in favor of the owner of the dependent invention can be justified only if such an invention represents a genuine innovation, an important step in the development of pharmaceuticals. The licensee must offer the market a new drug with improved characteristics: increased therapeutic efficacy and (or) safety, which has no available alternatives.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals Investigating impact of land-use and land cover changes on hydro-ecological balance using GIS: insights from IIT Bombay, India

2021 ◽  
Vol 3 (3) ◽  
Author(s):  
Aman Srivastava ◽  
Pennan Chinnasamy
Keyword(s):  
Land Use ◽  
Land Cover ◽  
Surface Runoff ◽  
Forest Cover ◽  
Google Earth ◽  
Negative Consequences ◽  
Ecological Stability ◽  
Barren Land ◽  
Ecological Balance ◽  
Lulc Changes

AbstractThe present study, for the first time, examined land-use land cover (LULC), changes using GIS, between 2000 and 2018 for the IIT Bombay campus, India. Objective was to evaluate hydro-ecological balance inside campus by determining spatio-temporal disparity between hydrological parameters (rainfall-runoff processes), ecological components (forest, vegetation, lake, barren land), and anthropogenic stressors (urbanization and encroachments). High-resolution satellite imageries were generated for the campus using Google Earth Pro, by manual supervised classification method. Rainfall patterns were studied using secondary data sources, and surface runoff was estimated using SCS-CN method. Additionally, reconnaissance surveys, ground-truthing, and qualitative investigations were conducted to validate LULC changes and hydro-ecological stability. LULC of 2018 showed forest, having an area cover of 52%, as the most dominating land use followed by built-up (43%). Results indicated that the area under built-up increased by 40% and playground by 7%. Despite rapid construction activities, forest cover and Powai lake remained unaffected. This anomaly was attributed to the drastically declining barren land area (up to ~ 98%) encompassing additional construction activities. Sustainability of the campus was demonstrated with appropriate measures undertaken to mitigate negative consequences of unwarranted floods owing to the rise of 6% in the forest cover and a decline of 21% in water hyacinth cover over Powai lake. Due to this, surface runoff (~ 61% of the rainfall) was observed approximately consistent and being managed appropriately despite major alterations in the LULC. Study concluded that systematic campus design with effective implementation of green initiatives can maintain a hydro-ecological balance without distressing the environmental services.

Introduction: Configuring the Green New Deal

2021 ◽  
pp. 103530462110176
Author(s):  
Anna Sturman ◽  
Natasha Heenan
Keyword(s):  
Land Use ◽  
Indigenous Peoples ◽  
New Deal ◽  
Large Scale ◽  
Political Strategy ◽  
Right Wing ◽  
Jel Codes ◽  
Economic Stagnation ◽  
Political Project ◽  
The Right

We introduce a themed collection of articles on approaches to configuring a Green New Deal as a response to the current capitalist crisis marked by ecological breakdown, economic stagnation and growing inequality. The Green New Deal is a contested political project, with pro-market, right-wing nationalist, Keynesian, democratic socialist and ecosocialist variants. Critiques of the Green New Deal include pragmatic queries as the feasibility of implementation, and theoretical challenges from the right regarding reliance on state forms and from the left regarding efforts to ameliorate capitalism. They also include concerns about technocratic bias and complaints about lack of meaningful consultation with Indigenous peoples on proposals for large-scale shifts in land use. Debates over the ideological orientation, political strategy and implementation of the Green New Deal must now account for the economic and employment impacts of COVID. JEL Codes: Q43, Q54, Q56, Q58

scholarly journals The Pornography “Rebooting” Experience: A Qualitative Analysis of Abstinence Journals on an Online Pornography Abstinence Forum

2021 ◽  
Author(s):  
David P. Fernandez ◽  
Daria J. Kuss ◽  
Mark D. Griffiths
Keyword(s):  
Behavioral Strategies ◽  
Negative Consequences ◽  
Online Forums ◽  
Online Pornography ◽  
Support Resources ◽  
Pornography Use ◽  
Perceived Effects ◽  
The Right ◽  
Number Of Individuals ◽  
Rule Out

AbstractA growing number of individuals using online forums are attempting to abstain from pornography (colloquially termed “rebooting”) due to self-perceived pornography-related problems. The present qualitative study explored phenomenological experiences of abstinence among members of an online “rebooting” forum. A total of 104 abstinence journals by male forum members were systematically analyzed using thematic analysis. A total of four themes (with a total of nine subthemes) emerged from the data: (1) abstinence is the solution to pornography-related problems, (2) sometimes abstinence seems impossible, (3) abstinence is achievable with the right resources, and (4) abstinence is rewarding if persisted with. Members’ primary reasons for initiating “rebooting” involved desiring to overcome a perceived addiction to pornography and/or alleviate perceived negative consequences attributed to pornography use, especially sexual difficulties. Successfully achieving and maintaining abstinence was typically experienced to be very challenging due to habitual behavior patterns and/or cravings triggered by a multiplicity of cues for pornography use, but a combination of internal (e.g., cognitive-behavioral strategies) and external (e.g., social support) resources made abstinence attainable for many members. A range of benefits attributed to abstinence by members suggest that abstaining from pornography could potentially be a beneficial intervention for problematic pornography use, although future prospective studies are needed to rule out possible third variable explanations for these perceived effects and to rigorously evaluate abstinence as an intervention. The present findings shed light on what the “rebooting” experience is like from members’ own perspectives and provide insights into abstinence as an approach for addressing problematic pornography use.

scholarly journals Modeling Past, Present, and Future Urban Growth Impacts on Primary Agricultural Land in Greater Irbid Municipality, Jordan Using SLEUTH (1972–2050)

2021 ◽  
Vol 10 (4) ◽  
pp. 212
Author(s):  
Rana N. Jawarneh
Keyword(s):  
Land Use ◽  
Growth Model ◽  
Urban Growth ◽  
Agricultural Land ◽  
Urban Land Use ◽  
Agricultural Area ◽  
Grand Challenge ◽  
Negative Consequences ◽  
Urban Growth Model ◽  
Rate Of Increase

Urban expansion and loss of primarily agricultural land are two of the challenges facing Jordan. Located in the most productive agricultural area of Jordan, Greater Irbid Municipality (GIM) uncontrolled urban growth has posed a grand challenge in both sustaining its prime croplands and developing comprehensive planning strategies. This study investigated the loss of agricultural land for urban growth in GIM from 1972–2050 and denoted the negative consequences of the amalgamation process of 2001 on farmland loss. The aim is to unfold and track historical land use/cover changes and forecast these changes to the future using a modified SLEUTH-3r urban growth model. The accuracy of prediction results was assessed in three different sites between 2015 and 2020. In 43 years the built-up area increased from 29.2 km2 in 1972 to 71 km2 in 2015. By 2050, the built-up urban area would increase to 107 km2. The overall rate of increase, however, showed a decline across the study period, with the periods of 1990–2000 and 2000–2015 having the highest rate of built-up areas expansion at 68.6 and 41.4%, respectively. While the agricultural area increased from 178 km2 in 1972 to 207 km2 in 2000, it decreased to 195 km2 in 2015 and would continue to decrease to 188 km2 by 2050. The district-level analysis shows that from 2000–2015, the majority of districts exhibited an urban increase at twice the rate of 1990–2000. The results of the net change analysis of agriculture show that between 1990 and 2000, 9 districts exhibited a positive gain in agricultural land while the rest of the districts showed a negative loss of agricultural land. From 2000 to 2015, the four districts of Naser, Nozha, Rawdah, and Hashmyah completely lost their agricultural areas for urbanization. By 2050, Idoon and Boshra districts will likely lose more than half of their high-quality agricultural land. This study seeks to utilize a spatially explicit urban growth model to support sustainable planning policies for urban land use through forecasting. The implications from this study confirm the worldwide urbanization impacts on losing the most productive agricultural land in the outskirts and consequences on food production and food security. The study calls for urgent actions to adopt a compact growth policy with no new land added for development as what is available now exceeds what is needed by 2050 to accommodate urban growth in GIM.

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