scholarly journals Dispossessing Resident Voice: Municipal Receiverships and the Public Trust

Author(s):  
Juliet Moringiello

The residents of struggling cities suffer property dispossessions both as individual owners and as municipal residents. Their individual dispossessions are part of a cycle that often begins with industrial decline. In Detroit, for example, more than 100,000 residents have lost their homes to tax foreclosure over a four-year period that bracketed the city’s bankruptcy filing. Falling property values, job losses, and foreclosures affect municipal budgets by reducing tax revenues. As individual dispossessions exacerbate municipal financial crises, residents can also face the loss of municipal property. Struggling cities and towns often sell publicly owned property—from parks to parking systems—to balance municipal budgets. This article discusses the relationship between property dispossessions and proceedings to resolve municipal financial distress, with a focus on another important loss faced by residents of distressed municipalities—the loss of their voice in municipal government. A municipal financial crisis, by itself, has no effect on the property of any individuals who live in the city, and a city’s bankruptcy does not take a city’s assets in the same way that a corporate or personal bankruptcy can take the property of a business or individual. Yet even though creditors cannot force the sale of city-owned assets, the decision to transfer the property may be made by unelected officials appointed by the state government to replace city government in times of financial crisis. This results in another type of collective dispossession—the dispossession of resident voice in local government affairs. This article discusses how insolvency proceedings, including Chapter 9 bankruptcy, can deprive residents of their voice and, in turn, deprive them of the city’s assets that the city holds for them in public trust and proposes some suggestions for states for balancing the need for resident voice with higher-level financial oversight as they determine how to manage the financial distress of their cities.

Author(s):  
Roman G. Oganesyan

The article deals with the activity of the provincial presence for urban affairs — the body that establishes administrative supervision over the activities of city self-government bodies in the 70s and 90s of the XIX century. The study is based on the positions of pre-revolutionary lawyers who consider and analyze innovations in the Urban statute of 1870 and changes that occurred in 1892. First of all, it is worth noting that in post-reform Russia, the provincial presence for urban affairs was created to streamline the work on administrative control over city self-government bodies. Its organization was due to the need to oversee the correctness and legality of their rulings, as well as the desire to speed up the resolution of many cases that had previously often lain for a long time in the departments of the Governing Senate. The presence was mainly assigned to the functions of the administrative court, whose decisions were often not final. Based on archival materials of the post-reform period, the practice of administrative supervision concerning city self-government bodies is analyzed. Special attention is paid to the consideration of complaints from members of the city government on various grounds. After the city counter-reform, which resulted in the adoption of the new Urban statute, the provincial presence for city affairs was merged with the provincial presence for land affairs. This was done to simplify the work since the specifics of the activities of these bodies were almost the same. Thus, after combining the two presences into one, the new organization has the opportunity to monitor and analyze the most important issues related to the interests of the entire province. As a result, it was revealed that the activity of the provincial presence for urban affairs is also determined to an important extent by the public function.


2020 ◽  
Vol 15 (2) ◽  
pp. 54
Author(s):  
А. И. Кольба ◽  
Н. В. Кольба

The article describes the structural characteristics of the urban communities of the city of Krasnodar and the related features that impact their participation in urban conflicts. This issue is considered in a number of scientific publications, but there is a need to expand the empirical base of such studies. On the base of expert interviews conducted with both city activists, their counterparty (representatives of the municipal government) and external observers (journalists), the parameters of urban communities functioning in the process of their interaction with other conflict actors are revealed. The communities characteristics such as the predominantly territorial principle of formation, the overlap of online and offline communications in their activities, the presence of a “core” with a relatively low number of permanent participants and others are determined. Their activities are dominated by neighborly and civilian models of participation in conflicts. The possibilities of realizing one’s own interests through political interactions (participation in elections, the activities of representative bodies of power, political parties) are not yet sufficiently understood. Urban communities, as a rule, operate within the framework of conventional forms of participation in solving urgent problems, although in some cases it is possible to use confrontational methods, in particular, protest ones. In this regard, the most often used compromise, with the desire for cooperation, a strategy of behavior in interaction with opponents. The limited activating role of conflicts in the activities of communities has been established. The weak manifestation of the civil and especially political component in their activities determines the preservation of a low level of political subjectivity. This factor restrains the growth of urban communities resources and the possibility of applying competitive strategies in interaction with city government and business.


2018 ◽  
Vol 1 (1) ◽  
pp. 1638
Author(s):  
Lorenzo Marco ◽  
Gunawan Djajaputra

The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.


2021 ◽  
Vol 5 (1) ◽  
pp. 97
Author(s):  
Fadli Saputra

Padang City is a city located in the province of West Sumatra, with a very strategic geographical condition, making the city of Padang rich in natural beauty. The beauty of nature is used by people in Padang City as a tourist spot, so that it is able to steal the attention of foreign tourists to come to visit, foreign tourists who enter and leave the Padang City area, all of which are under immigration control. Immigration is a form of enforcement in the implementation of state government sovereignty, therefore to facilitate immigration in carrying out its duties and functions in the supervision sector of foreign visits, a class 1 Padang Immigration office was formed. Since the enactment of Presidential Regulation Number 21 of 2016 regarding Visit Visas in Indonesia, it is clear that 169 countries are free to visit Padang City only with their passports. The purpose of this Presidential Regulation is to increase foreign tourist visits to Padang City so that it has an impact on increasing national development in general and increasing economy in particular, foreign tourists who come are expected to have a positive impact on the economy of the people of Padang City. However, the fact is not as imagined by the Padang City Government, the tourist visit permit granted to foreign tourists is prone to abuse, especially looking for work or opening business land and settling in a place. Researchers took the research location at the Padang Class I Immigration Office, because the city of Padang is one of the most attractive cities to be visited by foreign tourists, especially its natural beauty. As a government effort in order to support the maintenance of stability, security and vigilance against all negative impacts arising from the crossing of people between countries, and the activities of foreigners in Padang City, it is deemed necessary to carry out supervision of foreigners and immigration actions in a fast, thorough, and coordinated manner, without must ignore the openness in providing services to foreigners who are at the Class 1 Padang Immigration Office.


2001 ◽  
Vol 18 (4) ◽  
pp. 616-657 ◽  
Author(s):  
Alexander J. Fisher

In the late 16th and early 17th centuries, the city government of Augsburg, Germany, struggled to maintain religious peace as the confessional boundaries between its Catholic and Protestant communities hardened. As tensions gradually rose, city officials feared and scrutinized the disruptive potential of the psalms and chorales sung by Augsburg's Protestant majority. Those suspected of owning, singing, or distributing inflammatory songs were subject to imprisonment, interrogation, torture, and exile. When an Imperial decree established a fully Catholic city government in March 1629, the authorities tightened this scrutiny, banning Protestant singing entirely in public and private and using a network of informants to catch violators. A remarkably well-preserved collection of criminal interrogation records in Augsburg dramatizes city officials' concern about religious song and their attempts to restrict its cultivation through coercive measures. These records, which preserve the testimony of suspects and witnesses as well as original evidence (such as manuscript or printed songs), show the ways in which local authorities tried to control singing that they felt threatened the public peace. At the same time, these sources give us unparalleled insight into the production, performance, and circulation of religious songs. Although the interrogations reveal much about how and where songs——often contrafacta of well-known psalms or chorales——were written and performed, the authorities were especially intent on finding out how they originated, who bought, sold, and sang them, and why. These exchanges between interrogators and suspects provide a starting point for an analysis of the relationship between singing, religion, and criminality in an early modern urban environment.


Author(s):  
Sam Mitrani

This chapter examines how the Chicago Police Department figured in the native-born Protestant elite's attempt to control urban life in the city during the 1870s. In the 1870s, it became increasingly clear that the promise of “free labor” would not be met. Native-born Protestant urban elites across the country felt as if the cities were slipping into the grasp of immigrant workers and unemployed vagrants. This chapter describes the efforts of Chicago's traditional native-born, Protestant urban elite to enforce stricter temperance laws, regulate economic life, especially construction, and gain tighter control over the municipal government itself. It begins with a discussion of the responses of Chicago's business elite and politicians, the city government, and the police to the Great Chicago Fire of 1871 as well as to the fear of crime that gripped Chicago in the summer of 1872. It then considers the Committee of Seventy's attempts to control the police and their divided stance over temperance and concludes with an assessment of the power struggle in the Chicago Police Department that would continue through 1873.


2020 ◽  
Vol 2 (1) ◽  
pp. 69-87
Author(s):  
Evi Novita ◽  
Surahman Surahman ◽  
Dessy Damayanthi

ABSTRACT The study aims to find out how the city government implementation developent of depok in an effort to boost the public economy according to article 33 of 1945 of Islamic studies. The writer wants to know some factors that are an impediment and success in the Depok city’s efforts to boost the economy is good. The method of research is using a qualitative method, as for this research instrument is an interview, observation, documentation, a printed purpose associated with the title of the thesis that then gained a validity of the data. From the data gathered on the results of the study above. Thus the write concluded that the separate town of Depok from the town of Bogor was in the economic structure, development, transportation, education, natural resources and human resources and technology can flourish well. Keyword: development, research, economic structure


2017 ◽  
pp. 109-121
Author(s):  
Antenora Maria Da Mata Siqueira ◽  
Juliana Nazareno Mendes ◽  
Alex José Lemos Filho

RESUMOOs desastres relacionados às águas, ocorridos no Brasil, aprofundaram e ampliaram as pesquisas sobre tais fenômenos. Este artigo analisa os conflitos decorrentes da resposta do governo da cidade de Campos dos Goytacazes/RJ às consequências dos desastres: o programa de habitação popular “Morar Feliz”. Realizaram-se levantamentos bibliográficos, coleta de dados em órgãos públicos e entrevistas com moradores reassentados. Os resultados indicam a existência de conflito de interesses que opõem os moradores que reivindicam ficar no bairro em que residem, ou próximo a ele, e o governo municipal, que promove a expansão urbana em áreas com insuficiência de infraestrutura urbana.Palavras-Chave: desastres ambientais, habitação popular, risco.RESUMENLos desastres relacionados con el agua que ocurrieron en Brasil profundizaron y ampliaron las investigaciones sobre estos fenómenos. En este artículo se analizan los conflictos que surgen como resultado de la respuesta del gobierno de la ciudad de Campos dos Goytacazes / RJ frente a las consecuencias de los desastres: el programa de vivienda pública "Morar Feliz". La investigación se basó en la literatura sobre el tema, en recolección de datos en los organismos públicos y en entrevistas con residentes reasentados. Los resultados indican la existencia de conflictos de intereses que oponen a los residentes que pretenden permanecer en el distrito en el que residen, o al menos cerca; al gobierno municipal, que promueve la expansión urbana en las zonas con insuficiencia de infraestructura urbana.Palabras Clave: Desastres ambientales, viviendas públicas, riesgo.ABSTRACTWater-related disasters occurred in Brazil deepened and expanded researches on such phenomena. This article analyzes the conflicts arising from the response of the government of the city of Campos dos Goytacazes / RJ concerning the consequences of these disasters: the public housing program "Morar Feliz". There were conducted bibliographic researches, data collection in public entities and interviews with residents resettled. The results indicate the existence of conflict of interests that opposes residents who claim to stay in the district in which they reside, or close to it; and the municipal government, which promotes urban sprawl in areas with lack of urban infrastructure.Keywords: Environmental disasters, public housing, risk.


2019 ◽  
Vol 5 (1) ◽  
Author(s):  
I Gede Putu Krisna Juliharta

ABSTRACT e-Governement in Indonesia is a must this time. Good E-Governments certainly have the ability to provide good information to the public and fulfill aspects of confidentiality, integrity and availability, Kediri in East Java is one of the government that use e-Government. To measure these three aspects the system must be measured. Indeks KAMI (Keamanan Informasi) is an application that is used as a tool to analyze and evaluate the level of readiness (completeness and maturity) for implementing information security in an organization in accordance with SNI ISO / IEC 27001 criteria. Government of Kediri the score for the electronic system category was 20, for the governance assessment the score was 75, risk management score 18, the information security framework was 58, asset management 74, and the application of security and information technology had a value of 83, and the results measurement says the City Government of Kediri needs to improve the system management.<br />Keywords: Index, KAMI , Security, Information Technology<br />ABSTRAK Penerapan e-Governement dalam tata kelola Pemerintahan di Indonesia saat ini merupakan sebuah keharusan. E-Governement yang baik tentu memiliki kemampuan untuk memberikan Informasi yang baik kepada masyarakat dan memenuhi aspek kerahasiaan (confidentiality), keutuhan (integrity) dan ketersediaan (availability), Pemerintah Kota (Pemkot) Kediri adalah salah lembaga pemerintah yang menggunakan e-Government. Untuk mengukur ketiga aspek tersebut sistem haruslah diukur. Indeks KAMI (Keamanan Informasi) merupakan aplikasi yang digunakan sebagai alat bantu untuk menganalisa dan mengevalusi tingkat kesiapan (kelengkapan dan kematangan) penerapan keamanan informasi di sebuah organisasi sesuai dengan kriteria pada SNI ISO/IEC 27001. Untuk Pemkot Kediri didapatkan skor kategori sistem elektronik (SE) adalah 20, untuk penilaian tata kelola skornya adalah 75, pengelolaan resiko skornya 18, kerangka kerja keamanan informasi nilainya 58, pengelolaan asset 74, dan penerapan teknologi keamanan dan informasi memiliki nilai 83, dan hasil pengukuran menyebutkan Pemkot Kediri perlu meningkatkan system pengelolaan system yang dimiliki.<br />Kata Kunci : indeks, KAMI, keamanan, teknologi informas


Author(s):  
Basirah Mustarin

AbstractRoad construction projects for public use, usually involve many locations of land owned by communities with ownership rights. The construction of public facilities made by the government prior to construction must carry out the stages of land acquisition as contained in Law No. 2 of 2012 concerning land acquisition for development in the public interest. The research method used is normative research by using the statutory approach and concept analysis approach. The results showed that the city government provided compensation for the location of land that would be affected by the construction of public facilities. The mechanism of land acquisition or land acquisition in the city is carried out by providing compensation to the value of the land price that will be released in an appropriate and fair manner based on article 9 paragraph (2) of Law Number 2 of 2012. Land issues so far are very relevant to be studied together and considered in depth in relation to policies in the field of land because at the level of policy implementation that has been shown so far has neglected the structural aspects of land tenure, which in turn caused various disputes. Keywords: Compensation, Land Acquisition, Property Rights, Public Interest.AbstrakProyek pembuatan jalan untuk kepentingan umum, biasanya melibatkan banyak lokasi tanah yang dimiliki oleh masyarakat yang berstatus hak milik.  Pembuatan sarana umum yang dibuat oleh pemerintah tersebut sebelum dibangun harus melakukan tahapan pembebasan lahan sebagaimana yang termuat dalam Undang-Undang Nomor 2 tahun 2012 tentang pengadaan tanah bagi pembangunan untuk kepentingan umum. Metode penelitian yang digunakan adalah penelitian normatif dengan melakukan pendekatan peraturan perundang-undangan (Statute Approach) dan pendekatan analisis konsep (Conceptual Approach). Hasil penelitian menunjukkan bahwa pemerintah kota memberikan ganti kerugian atas lokasi tanah yang akan terkena pembuatan sarana umum tersebut.  Mekanisme pembebasan tanah atau pengadaan tanah di kota dilakukan dengan memberikan ganti kerugian terhadap nilai harga tanah yang akan dibebaskan secara sesuai dan adil berdasarkan pasal 9 ayat (2) Undang-Undang Nomor 2 Tahun 2012. Persoalan tanah selama ini sangat relevan dan dipertimbangkan secara mendalam dalam kaitannya dengan kebijakan dibidang pertanahan karena ditingkat implementasi kebijakan yang diperlihatkan selama ini telah mengabaikan aspek struktural penguasaan tanah yang pada akhirnya menimbulkan berbagai macam sengketa.Kata Kunci : Ganti Kerugian, Hak Milik, Kepentingan Umum, Pembebasan Tanah.


Sign in / Sign up

Export Citation Format

Share Document