Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches

Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.

Analysis on Effect of COVID -19 on Property Valuation in Real Estate Market

The valuation of real estate is a central tenet for all businesses. Land and property are factors of production and, as with any other asset, the value of the land flows from the use to which it is put, and that in turn is dependent upon the demand (and supply) for the product that is produced. Valuation, in its simplest form, is the determination of the amount for which the property will transact on a particular date. However, there is a wide range of purposes for which valuations are required. These range from valuations for purchase and sale, transfer, tax assessment, expropriation, inheritance or estate settlement, investment and financing. The objective of the paper is to provide a brief overview of the methods used in real estate valuation. Valuation methods can be grouped as traditional and advanced. The traditional methods are regression models, etc. MRA has been implemented by many researchers to study valuation of real property cite that MRA is possible for coefficient estimates and factor weightings using a large number of actual sale cases. Keywords: Real property, property valuation, multiple regression analysis, SWOT Analysis

Notice of adjustment of the annual fee for perpetual usufruct of real property

The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.

CADASTRAL REGISTRATION OF REAL PROPERTY WITH DATA DIGITALIZATION

Problem statement. The transition in Ukraine from registration and accounting of land in the State Land Cadastre to registration and accounting of real estate in the multi-purpose cadastre requires research aimed at optimizing the information of the multi-purpose cadastre and the form of data representation based on their digitalization to limit the size of the database by technological support. The composition and scope of real estate accounting information data determine the purpose and functions of the multi-purpose cadastre. The problem is the huge amount of information about real estate and the great variety of objects. The difficulty of formalizing too much data for a multi-purpose cadastre information system makes it necessary to explore ways to reduce the amount of software memory involved by digitizing the data. Purpose of the article. Solving the problem of reducing the amount of memory for the database of registration and accounting of real estate through digitalization requires research on the composition of the necessary information about real estate in the multi-purpose cadastre to ensure the functions of the cadastre based on analysis of users' needs. In order to move from the information on real estate determined by the results of analysis to the basic and thematic geospatial data of the cadastre, it is necessary to perform multilevel structuring of cadastral objects at the level of real estate classification, including land plots, construction objects by characteristic legal, technical and value features. A significant reduction in the amount of memory used in the database of information technology support of the multi-purpose cadastre was achieved by coding the characteristics of real estate, including land, construction objects and other land improvements that are part of real estate. Conclusion. Digitization of real estate data in the multi-purpose cadastre allows you to: significantly reduce the amount of database memory used on the server; provide easy access to data on real estate properties; significantly increase the protection of identification of cadastral objects and their properties; opens new opportunities for real estate management, control over compliance with the law, the application of targeted measures to stimulate the desired development of real estate and prevent adverse use of territories.

Gulf property damage, housing price trends and US bankruptcy filings

Purpose This paper aims to examine potential causes of bankruptcy as they relate to hurricane damage. Investigate whether hurricanes result in personal bankruptcy filings due to real property damages. Strengthen existing descriptive results by using fully modified ordinary least squares (FMOLS). Design/methodology/approach Lagged FMOLS model is used with data from states that suffered hurricane damage between 2000 through 2020. FMOLS controls for various financial distresses that can cause bankruptcy filings. Findings Bankruptcy is usually filed for within one year of a hurricane. Changes in house prices and hurricane severity were significant indicators of bankruptcy filings. However, the divorce rate, commonly thought of as a primary reason for bankruptcy, is insignificant. Research limitations/implications Data was available on a state level for the independent variables. Hurricane damage needed to be financially significant enough for inland flooding to be measurable and influential. Practical implications Establishes that financial distress comes from several sources, not just home damage. Financial distress is highly correlated with whether a home was insured. Divorce does not cause bankruptcy filings. Social implications Federal flood insurance programs should be reexamined. Having a broader all-risk homeowner policy could reduce the number of households that file for bankruptcy after a hurricane. Originality/value Existing research uses descriptive statistics and obtains mixed findings regarding the association between hurricane damage and bankruptcy filings. The FMOLS approach provides clarity about this association.

Prawne i merytoryczne aspekty wyceny nieruchomości na potrzeby ustalania opłaty planistycznej

The Act of March 27, 2003, on spatial zoning plan and development, regulates establishing zoning plan fees. Thus, the executive bodies of the municipalities have legally created instruments to collect the fee if the conditions outlined in the Act are met. Amendments to this provision resulted in inaccuracies in establishing the fee. The zoning plan fee is established based on the increase in the value of the real property, taking into account two legal statuses. The real estate appraiser confirms the change in the value of the real property in the appraisal report, which constitutes evidence in the proceedings for determining the amount of the zoning fee.In practice, the determination of the zoning plan fee causes many misunderstandings and problems. The main reason for them is the difference in the value of the real property. It becomes the basis for the municipality’s claims against the property owner. Owners (perpetual usufructuaries), in most cases, take action to reduce the calculated difference in value. Most often, they question the correctness of the real estate appraisal and the way it was documented in the appraisal report.The article presents selected charges directed at real estate appraisers concerning the correctness of property valuation for this purpose, with a commentary supported by legal regulations and court rulings (judgments of the Supreme Administrative Court and the Supreme Administrative Court). In the paper, some findings of the Local Government Appeal Colleges are also indicated.

Technology of three-dimensional laser scanning of real estate objects (3D modeling) in cadastral activities

Laser scanning in cadastral activities is a tool for obtaining information about real estate objects in a 3D format. The purpose of the research is to obtain information that is necessary for state cadastral registration and state registration of rights, land supervision and local government oversight. Deductive, inductive, analytical, comparative-legal and other scientific methods were used for the most complete coverage of the problem. The article considers the procedure of laser scanning, shooting modes when using laser scanning and the process of a real estate object 3D model creation. The methods of scanning were studied, namely: terrestrial, airborne and mobile. The greatest attention is paid to the advantages and features of using laser scanning technologies for real property. The results of the study showed that the laser scanner can be used not only in geodesy for engineering surveys, 3D modeling of quarries, when obtaining data on the volume of rock, during mining, assessing the situation in an emergency, but it can also be used in cadastral and complex cadastral works. The main attribute of laser scanning is a three-dimensional representation of data about the object, which can be immediately used, but the high accuracy and low labor costs are no less important. Therefore, three-dimensional laser scanning technologies can be used both in the creation of models of cities, and the unified cartographic basis of the Unified State Register of Real Estate, as well as in valuation activities during the taxation of buildings and structures.

Negative Properties

Some believe that there are negative properties, such as being non-red or non-circular. Armstrong had attempted a detailed refutation of negative properties since he did not want negativity to be a part of what there is. His arguments were unsuccessful. He thought that sharing a property meant having something in common, but two things could both be non-red because one was all blue and the other was all yellow. But this begs the question, since only if we have already ruled out non-red as a real property can we say that those two things do not share something. There seems no conclusive argument against negative properties, but nor are there conclusive arguments in their favour either. The question of their reality can only be settled after we have looked at other matters.

Implementation of Assessment Principles, Performance, and Client Satisfaction of Municipal Assessment Offices in Negros Occidental, Philippines

Accurate implementation of real property assessment principles strengthens real property taxation resulting in improved performance towards client satisfaction. This study assessed the implementation of assessment principles, the performance, and the satisfaction of clients of municipal assessment offices in Negros Occidental, Philippines. It likewise determined the challenges encountered by offices. A descriptive-comparative design was utilized using researcher-made survey instruments administered to assessors and randomly selected staff and clients. Using descriptive and inferential analyses, the findings revealed a very great extent of implementation with no significant differences across all areas when municipalities were grouped as to variables of income classification and land area. While the level of performance was outstanding as a whole, with no significant difference in all areas when grouped as to income class, a significant difference was revealed when assessment offices were grouped as to land area. Clients were very satisfied with assessment services with no significant difference in physical setup when grouped into income classes. However, there were significant differences in frontline services, service quality, physical setup, and basic facilities. While when grouped as to land area, there was a significant difference across all areas. Several challenges were encountered by assessment offices, such as the agrarian reform program, administrative, policies, and political concerns. The study recommends a review of some policies specifically on the preparation and approval of the schedule of market value.