Security of land tenure for the urban poor is now a major problem for developing cities in Africa, Asia and Latin America. This book presents and analyzes the main conclusions of a comparative research programme on land tenure issues. It looks at how solutions can be found and implemented to respond to the demands and needs of the majority of squatters and informal settlements, and analyzes how urban stakeholders, with different social, legal and economic constraintes, find innovative and flexible solutions. The book is intended to fill a gap in the literature on comparative research on tenure policies and should be useful to reserachers and professionals involved in defining and instigating tenure upgrading policies and programmes.

In the context of sustainable development, recent land debates tend to construct two porous camps. On the one side, norms of land justice and their advocates dictate that people's rights to tenure security are tantamount and even sometimes key to successful conservation practice. On the other hand, biodiversity protection and conservation advocates, supported by global environmental organizations and states, remain committed to conservation strategies, steeped in genetics and biological sciences, working on behalf of a "global" mandate for biodiversity and climate change mitigation. Land Rights, Biodiversity Conservation and Justice seeks to illuminate struggles for land and territory in the context of biodiversity conservation. This edited volume explores the particular ideologies, narratives and practices that are mobilized when the agendas of biodiversity conservation practice meet, clash, and blend with the demands for land and access and control of resources from people living in, and in close proximity to, parks. The book maintains that, while biodiversity conservation is an important goal in a time where climate change is a real threat to human existence, the successful and just future of biodiversity conservation is contingent upon land tenure security for local people. The original research gathered together in this volume will be of considerable interest to researchers of development studies, political ecology, land rights, and conservation.

"The Treaty of Waitangi" is the founding document of New Zealand, a subject of endless discussion and controversy, and is at the centre of many of this nations major events, including the annual Waitangi Day celebrations and protests. Yet many New Zealanders lack the basic information on the details about the Treaty.

First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.

Originally published in 1963 this volume surveys various aspects of the complex relations between rights in land, social organization and economic interests in tropical Africa. The papers - in English and French but with summaries in the other language - analyse case studies illustrating the various basic factors and problems connected with land in Tropical Africa. Indigenous systems of tenure and their adaptation to commercial agriculture, the balance between rights and obligations of groups and individuals, and the authority and duties of chiefs and headmen are discussed in detail for many different areas. Against this background important contributions are made towards the better understanding of problems raised by economic and political development, population increase, migration and scarcity of land.

In the context of sustainable development, recent land debates tend to construct two porous camps. On the one side, norms of land justice and their advocates dictate that people's rights to tenure security are tantamount and even sometimes key to successful conservation practice. On the other hand, biodiversity protection and conservation advocates, supported by global environmental organizations and states, remain committed to conservation strategies, steeped in genetics and biological sciences, working on behalf of a "global" mandate for biodiversity and climate change mitigation. Land Rights, Biodiversity Conservation and Justice seeks to illuminate struggles for land and territory in the context of biodiversity conservation. This edited volume explores the particular ideologies, narratives and practices that are mobilized when the agendas of biodiversity conservation practice meet, clash, and blend with the demands for land and access and control of resources from people living in, and in close proximity to, parks. The book maintains that, while biodiversity conservation is an important goal in a time where climate change is a real threat to human existence, the successful and just future of biodiversity conservation is contingent upon land tenure security for local people. The original research gathered together in this volume will be of considerable interest to researchers of development studies, political ecology, land rights, and conservation.

This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.

Advances in Responsible Land Administration challenges conventional forms of land administration by introducing alternative approaches and provides the basis for a new land administration theory. A compilation of observations about responsible land administration in East Africa, it focuses on a new empirical foundation rather than preexisting ideals. Presenting practical knowledge resulting from real cases, it incorporates empirical studies highlighting Rwanda, Ethiopia, Tanzania, Uganda, and Kenya. The book considers contemporary change forces that include responsible technological innovation, post-conflict contexts, rural poverty, rapid urbanization, food security, and citizen participation. It covers land information system design, innovative data capture tools and techniques, and algorithms and approaches to support land consolidation and pastoralist land administration. The book also evaluates the outcomes of approaches specifically geared toward workflow design, land use changes, land tenure perceptions, conflict reduction, and governance measures. Outlining key aspects of what fit for purpose land administration looks like, this book presents: A contemporary update for the land administration sector An overview of East African developments, a current focus region for innovative land administration design A collection of cutting-edge tools from practice and for practice-with enough support data and methodological underpinnings to be readily utilized for advocacy, design, and assessment Advances in Responsible Land Administration is an up-to-date discourse that promotes the theoretical notion of responsible land administration. The book highlights real cases, provides real data, and introduces novel alternatives to conventional methodologies in land administration. Using the information in this book, you can develop a coherent theoretical foundation for further research in this area.

Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want Whats Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.

Conflicts over land are frequent across the African continent, ranging from local disputes amongst urban squatters to large-scale challenges to the prevailing political order. Loaded with economic, symbolic and emotional significance, land is often at the epicentre of violence and, concurrently, of any attempts to develop sustainable solutions to conflicts. The struggle over land in Africa compellingly analyses the role of land as a place and source of conflict, especially in relation to policy issues, crisis management and post-war/post-conflict reconstruction. While highlighting the diverse and critical nature of land disputes in Africa, the title draws attention to the complex root causes of these disputes - a complexity that is often neglected - and to the challenges they present for governance of both state and market. By adopting a continental perspective, the various chapters compare responses to internal crises across a range of African countries and regions. With authors from the academic, diplomatic, political and civil sectors, this book is the essential reference on the debate about land issues in Africa.

From 1967 to 1973, a period that culminated in the socialist project of Salvador Allende, nearly 400,000 low-income Chileans illegally seized parcels of land on the outskirts of Santiago. Remarkably, today almost all of these individuals live in homes with property titles. As Edward Murphy shows, this transformation came at a steep price, through an often-violent political and social struggle that continues to this day.
In analyzing the causes and consequences of this struggle, Murphy reveals a crucial connection between homeownership and understandings of proper behavior and governance. This link between property and propriety has been at the root of a powerful, contested urban politics central to both social activism and urban development projects. Through projects of reform, revolution, and reaction, a right to housing and homeownership has been a significant symbol of governmental benevolence and poverty reduction. Under Pinochet's neoliberalism, subsidized housing and slum eradication programs displaced many squatters, while awarding them homes of their own. This process, in addition to ongoing forms of activism, has permitted the vast majority of squatters to live in homes with property titles, a momentous change of the past half-century.
This triumph is tempered by the fact that today the urban poor struggle with high levels of unemployment and underemployment, significant debt, and a profoundly segregated and hostile urban landscape. They also find it more difficult to mobilize than in the past, and as homeowners they can no longer rally around the cause of housing rights.
Citing cultural theorists from Marx to Foucault, Murphy directly links the importance of home ownership and property rights among Santiago's urban poor to definitions of Chilean citizenship and propriety. He explores how the deeply embedded liberal belief system of individual property ownership has shaped political, social, and physical landscapes in the city. His approach sheds light on the role that social movements and the gendered contours of home life have played in the making of citizenship. It also illuminates processes through which squatters have received legally sanctioned homes of their own, a phenomenon of critical importance in cities throughout much of Latin America and the Global South.

In sub-Saharan Africa, property relationships around land and access to natural resources vary across localities, districts and farming regions. These differences produce patterned variations in relationships between individuals, communities and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and 'nationalization' of political competition.

The institution of property is as old as mankind, and property rights are today deemed vital to a prosperous economic system. Much has been written in the last decade on the economics of the legal institutions protecting such rights. This unprecedented book provides a magnificent introduction to the subject. Terry Anderson and Fred McChesney have gathered twelve leading thinkers to explore how property rights arise, and how they bolster economic development. As the subtitle indicates, the book examines as well how controversies over valuable property rights are resolved: by agreement, by violence, or by law.

The essays begin by surveying the approaches to property taken by early political economists and move to colorful applications of property rights theory concerning the Wild West, the Amazon, endangered species, and the broadcast spectrum. These examples illustrate the process of defining and defending property rights, and demonstrate what difference property rights make. The book then considers a number of topics raised by private property rights, analytically complex topics concerning pollution externalities, government taking of property, and land use management policies such as zoning.

Overall, the book is intended as an introduction to the economics and law of property rights. It is divided into six parts, with each featuring an introduction by the editors that integrates prior chapters and material in coming chapters. In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. With chapters written by noted experts on the subject, "Property Rights " offers the first primer on the subject ever produced. In addition to the editors, the contributors are Louise De Alessi, Yoram Barzel, Harold Demsetz, Thrainn Eggertsson, Richard A. Epstein, William A. Fischel, David D. Haddock, Peter J. Hill, Gary D. Libecap, Dean Lueck, Edwin G. West, and Bruce Yandle."

This book examines the history of reforms and major state interventions affecting Russian agriculture: the abolition of serfdom in 1861, the Stolypin reforms, the NEP, the Collectivization, Khrushchev reforms, and finally farm enterprise privatization in the early 1990s. It shows a pattern emerging from a political imperative in imperial, Soviet, and post-Soviet regimes, and it describes how these reforms were justified in the name of the national interest during severe crises - rapid inflation, military defeat, mass strikes, rural unrest, and/or political turmoil. It looks at the consequences of adversity in the economic environment for rural behavior after reform and at long-run trends. It has chapters on property rights, rural organization, and technological change. It provides a new database for measuring agricultural productivity from 1861 to 1913 and updates these estimates to the present. This book is a study of the policies aimed at reorganizing rural production and their effectiveness in transforming institutions.

Twenty years ago, Jaabe So founded an independent farmers' association among the Soninke towns in Senegal. Since then, much of Adrian Adams's and So's lives have been spent in struggling to defend the existence of that association against a state development corporation funded by development aid. This is a narrative of that struggle and of three centuries of Senegalese history. This extraordinary book, much of which was written first in an African language, will be invaluable reference for those who believe that Africans may yet redeem a future free from the false promises of development by drawing on an inherited past.

Access to land and property is vital to people's livelihoods in rural, peri-urban, and urban areas in Africa. People exert tremendous energy to have land claims recognized as rights with a variety of political, administrative, and legal institutions. This book provides a detailed analysis of how public authority and the state are formed through debates and struggles over property in the Upper East Region of Ghana. While scarcity may indeed promote exclusivity, the evidence from this book shows that when there are many institutions competing for the right to authorize claims to land, the result of an effort to unify and clarify the law is to intensify competition among them and weaken their legitimacy. The book explores how state divestiture of land in 1979 encouraged competition between customary authorities and how the institution of the earthpriest was revived. Such processes are key to understanding property and authority in Africa.

Why do some political leaders create and strengthen institutions like title registries and land tribunals that secure property rights to land while others neglect these institutions or destroy those that already exist? How do these institutions evolve once they have been established? This book answers these questions through spatial and temporal comparison of national and subnational cases from Botswana, Ghana, and Kenya and, to a lesser extent, Zimbabwe. Onoma argues that the level of property rights security that leaders prefer depends on how they use land. However, the extent to which leaders' institutional preferences are translated into actual institutions depends on the level of leaders' capacity. Further, once established, these institutions through their very working can contribute to their own decline over time. This book is unique in revealing the political and economic reasons why some leaders unlike others prefer an environment of insecure rights even as land prices increase.

The failure to include gender in the economic history of rural development has severely limited our understanding of privatizing, collectivist and colonial economic policies that disrupted and transformed the lives of rural women and men in the modern world. This book is unique in its focus on female economic agency, and in its exploration of the latter virtue in comparative historical perspective. It presents the apparently disparate cases of 17th-century England, 20th-century Russia and the Soviet Union, and 20th-century Kenya, as their top-down modernization projects were implemented in similar fashion --particularly in the case of women. The female half of the population was largely absent from contemporary economic databases, but nevertheless stereotyped as obstacles to rational economic decision-making. Introducing rural women and their innovations into male-centered narratives of economic history lays the foundation for a more demographically balanced and realistic understanding of rural behavior and rural development. In this study, women's labor and land claims are the lens through which both female agency and the delegitimizing of women's land claims become more visible. Both policy-makers and their leading critics deployed virtually identical language to describe backward, unruly and invariably "unsightly" peasant women.

Good land policy provides a diversity of land uses with plural property relations. No single kind of property rules fits the purposes of all types of land uses. Neither is a de-tached single family house like a community garden, nor a highway like a retail chain. Each land use needs its own property "fingerprint." The concept of Western ownership works with home ownership, but fails with community gardens, highways, or retail chains. Western ownership also fails in informal settings, particularly in the global South, although informality does not at all entail the absence of property relations. In everyday practice, private and common property relations often accommodate a wide variety of demands made by the owners and users of land. In a stark contrast, many theories of property and land policy fail to recognize plural property relations. The polyrational theory of planning and property reconciles practice and theory.

This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India's tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of 'place' (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.

The escalating tensions between India and Pakistan have received renewed attention of late. Since their genesis in 1947, the nations of India and Pakistan have been locked in a seemingly endless spiral of hostility over the disputed territory of Kashmir. Ganguly asserts that the two nations remain mired in conflict due to inherent features of their nationalist agendas. Indian nationalist leadership chose to hold on to this Muslim-majority state to prove that minorities could thrive in a plural, secular polity. Pakistani nationalists argued with equal force that they could not part with Kashmir as part of the homeland created for the Muslims of South Asia. Ganguly authoritatively analyzes why hostility persists even after the dissipation of the pristine ideological visions of the two states and discusses their dual path to overt acquisition of nuclear weapons, as well as the current prospects for war and peace in the region.

How American westward expansion was governmentally engineered to promote the formation of a white settler nation Westward expansion of the United States is most conventionally remembered for rugged individualism, geographic isolationism, and a fair amount of luck. Yet the establishment of the forty-eight contiguous states was hardly a foregone conclusion, and the federal government played a critical role in its success. This book examines the politics of American expansion, showing how the government's regulation of population movements on the frontier, both settlement and removal, advanced national aspirations for empire and promoted the formation of a white settler nation. Building an American Empire details how a government that struggled to exercise plenary power used federal land policy to assert authority over the direction of expansion by engineering the pace and patterns of settlement and to control the movement of populations. At times, the government mobilized populations for compact settlement in strategically important areas of the frontier; at other times, policies were designed to actively restrain settler populations in order to prevent violence, international conflict, and breakaway states. Paul Frymer examines how these settlement patterns helped construct a dominant racial vision for America by incentivizing and directing the movement of white European settlers onto indigenous and diversely populated lands. These efforts were hardly seamless, and Frymer pays close attention to the failures as well, from the lack of further expansion into Latin America to the defeat of the black colonization movement. Building an American Empire reveals the lasting and profound significance government settlement policies had for the nation, both for establishing America as dominantly white and for restricting broader aspirations for empire in lands that could not be so racially engineered.

This book explores an interdisciplinary field at the intersection of gender and development studies, disaster and land tenure policy. It is well known that women generally have weaker claims to land. But how does that translate to increased vulnerability during disaster? Using case studies from Asia, this book argues that land tenure is a key factor in mitigating the impact of disasters on women. The scale and frequency of disasters have been increasing in recent decades due to human impact on the landscape and climate. Unsustainable farming and land management systems have increased environmental risks and social vulnerabilities. However, around the world the costs of disasters are disproportionately borne by women, due largely to their reduced mobility and lack of control over assets. In post-disaster settings, women's vulnerabilities increase due to gendered rescue and rehabilitation practices. As such, a gendered approach to land rights is critical to disaster preparedness and recovery.

As China is transformed, relations between society, the state, and the city have become central. The Great Urban Transformation investigates what is happening in cities, the urban edges, and the rural fringe in order to explain these relations. In the inner city of major metropolitan centers, municipal governments battle high-ranking state agencies to secure land rents from redevelopment projects, while residents mobilize to assert property and residential rights. At the urban edge, as metropolitan governments seek to extend control over their rural hinterland through massive-scale development projects, villagers strategize to profit from the encroaching property market. At the rural fringe, township leaders become brokers of power and property between the state bureaucracy and villages, while large numbers of peasants are dispossessed, dispersed, and deterritorialized, and their mobilizational capacity is consequently undermined. The Great Urban Transformation explores these issues, and provides an integrated analysis of the city and the countryside, elite politics and grassroots activism, legal-economic and socio-political issues of property rights, and the role of the state and the market in the property market.

Throughout early modern Europe, one of the most extraordinary royal fund-raising schemes was the seizure and sale of church property to finance foreign wars. The monarchs of Habsburg Spain extended these seizures to municipal property and used the revenue to maintain their empire. They sold charters of autonomy to hundreds of villages, thus converting them into towns, and sold towns to private buyers, thus increasing the number of seigniorial lords. In Hapsburg Spain, therefore, absolutism did not mean centralization. Rather, the kings invoked their absolute power to decentralize authority and allow their subjects a surprising degree of autonomy.