934 results on '"LAND titles"'
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2. '100 large fruit trees cut down by ISAF': land, infrastructure and military violence.
- Author
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Tidy, Joanna
- Subjects
- *
COLONIES , *TREE felling , *LAND titles ,BRITISH colonies ,BRITISH military - Abstract
This article examines the military violence of land use and infrastructure. The analysis discusses the case of the British Army's Royal Corps of Engineers in 1860s British Columbia and in Helmand, Afghanistan following the post-2001 invasion. It charts how across British colonial and liberal military projects, military infrastructure activities have mobilised towards the goal of capitalist development. Drawing analytic lines between the Royal Engineers' activities establishing the settler colony and colonial capitalism in British Columbia and their role in imposing liberal social, political and economic norms in Helmand, the article puts forward an account of why, how and with what effect military violence can include things such as the felling of trees, the issuing of private land title, the use of topsoil for road fill or prohibiting local farmers from growing tall crops near a roadway. The central argument of this article is that we should conceptualise and understand military activities such as these as violence. This analysis develops understandings of violence within scholarship addressing coloniality, liberal war, settler colonialism; and land, territory and infrastructure. Beyond the immediate analysis of specifically military violence, this discussion has broader implications for understanding the nexus of infrastructure, land and violence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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3. Documenting Territorialidad: an intercultural approach to the provenance of Mapuche land records.
- Author
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Montenegro, María
- Subjects
MAPUCHE (South American people) ,DOCUMENTARY evidence ,LAND titles ,MILITARY occupation ,GOVERNMENT agencies - Abstract
Using critical place research and documentary methods, this article examines the Mapuche territorial cause in Chile and exposes the deficiencies of state-produced Mapuche land titles, known as Títulos de Merced, which are required for and (mis)used as evidence by Chile's Indigenous land restitution program. The Títulos de Merced were granted to Mapuche families during and after the military occupation of Wallmapu (Mapuche territory), as documentation of their relocation to reducciones (reservations) between 1884 and 1929. However, these approximately 3000 titles do not fully represent Mapuche land claims. Instead, they were used by the newly formed Chilean state to reduce Mapuche territory to approximately 5% of its ancestral span, leaving undocumented much of the territories that communities were effectively using before the reduction process––what Mapuche claimants refer to as tierras antiguas or ancestral lands. Despite this, CONADI, the government agency that administers the land program, defines these titles as the primary sources of documentary evidence to prove Mapuche land dispossession. Therefore, not only are the Títulos de Merced not enough, but they negatively impact Mapuche land claims by purposefully reducing, once again, Mapuche ancestral territory, this time discursively. Mapuche claimants are paradoxically forced to validate claims to their ancestral land through documents that were designed to legitimize their dispossession. By examining the insufficiency and inappropriateness of the Títulos de Merced as evidence for Mapuche territorial claims, this paper proposes the intercultural practice of documenting territorialidad—the expression of cultural, economic, and spiritual Mapuche practices over the territory—in addition to colonial demarcations of land, as a form of producing/using evidence for Mapuche land restitution claims. Suggesting the mapu (land/territory) as provenance and territorialidad as evidence, this alternative documentary practice unsettles the Títulos de Merced as the only legitimate form of evidence for Mapuche land claims and theorizes interculturalidad—the recognition of and dialogue between diverse ways of knowing coexisting within the same territory—as a framework for thinking about provenance when working with Indigenous land records. [ABSTRACT FROM AUTHOR]
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- 2024
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4. Amazonian conservation across archipelagos of Indigenous territories.
- Author
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Esbach, Michael S., Correia, Joel E., Valdivia, Gabriela, and Lu, Flora
- Subjects
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INDIGENOUS peoples of South America , *SPECIES diversity , *ECOLOGICAL resilience , *INDIGENOUS peoples , *LAND titles , *SPACE - Abstract
Indigenous stewardship is essential to the conservation of biocultural diversity, yet conventional conservation models often treat Indigenous territories (ITs) as homogeneous or isolated units. We propose that archipelagos of Indigenous territories (AITs), clusters of ITs that span geographies but are connected through shared cultural or political ties maintained by Indigenous nations, are crucial for understanding and enhancing conservation strategies that recognize the complexity of Indigenous stewardship. We classified 3572 ITs in the Amazon into 4 categories—single or multiple nations with either singular IT or AIT—to assess their spatial heterogeneity, governance, and conservation potential. We then assessed species richness, carbon stocks, and pressures across these different categories. To examine how AITs can enhance biocultural conservation efforts, we conducted a case study of the Cofán Nation in Ecuador. AITs covered 45% of the Amazonian land area and had higher species richness and carbon stocks than single IT configurations. However, AITs faced greater pressures from development and extractive activities. In the case study, the Cofán AIT was shaped by colonization and land titling challenges, but their community‐driven governance, cross‐territorial collaboration, and adaptive responses—such as comanagement agreements and resisting extractive activities—enhanced their ecological and cultural resilience amid growing development pressures. Our findings suggest that AITs facilitate the exchange of resources, knowledge, and cultural practices, which strengthens social connectivity, reinforces governance structures, and enables adaptive management across ITs, thereby enhancing biocultural resilience across discontinuous spaces. This work advocates for a paradigm shift in conservation planning and practice that recognizes the vital role of AITs in sustaining Amazonian ecosystems and Indigenous lifeways, particularly in the face of increasing pressures. [ABSTRACT FROM AUTHOR]
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- 2024
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5. Towards a Redefinition of Squatter Rights: Adverse Possession in Ghana and the United Kingdom.
- Author
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Faakye, Solomon
- Subjects
COMPARATIVE method ,POSSESSION (Law) ,LAND titles ,LAND use laws ,PERSONAL property - Abstract
A squatter may under certain circumstances extinguish the title of the registered proprietor and obtain good title. Many arguments have been made for and against these extensive rights. The broad consensus appears to be that in relation to registered land, there is less justification for it. The English Land Registration Act 2002 substantially modified the effect of adverse possession on registered land making adverse possession inapplicable to registered lands. Under Ghana's new land law; Land Act, 2020 (Act 1036), except for public lands, a claim in adverse possession can defeat title to land whether registered or unregistered. This feature of Ghana's land law appears unsatisfactory in light of the policy justifying land title registration. Using a comparative approach, this work evaluates adverse possession law in Ghana and England within the context of its objectives. The work established that the current regime on adverse possession does not effectively promote the objectives of land registration and requires reform. [ABSTRACT FROM AUTHOR]
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- 2024
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6. The transfer of what?: Electronic conveyancing and the destabilisation of property
- Author
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Keenan, Sarah
- Published
- 2023
7. "By Turff and Twigg": Seeing, Reading, and Hearing in the Performance of Legal Ritual in Seventeenth Century Maine.
- Author
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Bottino, Daniel
- Subjects
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LITERACY , *DEEDS (Law) , *COLONIES , *LAND titles , *RITES & ceremonies - Abstract
This essay analyzes orality and literacy in seventeenth-century Maine. As most of Maine's English colonists were not fully literate, legal instruments such as land deeds existed simultaneously as oral, material, and textual representations of the authority of the law, integrally supported by the use of ritual. [ABSTRACT FROM AUTHOR]
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- 2024
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8. The effects of land titling on intergenerational transfers in rural China.
- Author
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Cheng, Yifan, Yu, Jianyu, Min, Shi, and Wang, Xiaobing
- Subjects
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PARENT-adult child relationships , *LAND title registration & transfer , *PROPERTY rights , *INCOME , *WELL-being , *LAND titles - Abstract
The motives behind transfers from adult children to parents hold significance in the well-being of the elderly. In the context of China's land titling program, we utilize a dominant child model to study the trade-off between altruism and exchange motives. Based on data from the China Health and Retirement Longitudinal Study, this paper employs the endogenous switching model to investigate the effects of land titling on children's pecuniary and time transfers. The results of the average treatment effect on the treated (ATT) indicate that for children whose parents receive land titling, land titling has significantly increased their pecuniary transfers while decreasing their time transfers. Mechanism analysis reveals that the land titling program results in higher parental income by incentivizing parents to rent out their land and engage in off-farm employment. These findings reveal the exchange motive, suggesting that children provide transfers out of concern about their parents' wealth. Heterogeneous analysis demonstrates that both sons and daughters lean towards exchange motives. Land titling effects are pronounced among children without siblings, those from parental households with lower land per capita, and those with higher income. [ABSTRACT FROM AUTHOR]
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- 2024
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9. Maps' agency and mountains' multiplicity: Conflicts triggered by state maps involving pilgrims and desired mining futures in the Andes.
- Author
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Salas Carreño, Guillermo and Solano‐del‐Castillo, José Enrique
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LAND titles ,PROTECTED areas ,LAND mines ,PUBLIC institutions ,EMINENT domain ,PILGRIMS & pilgrimages - Abstract
Copyright of Journal of Latin American & Caribbean Anthropology is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
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10. Want to Build a Death Camp? Call in the Lawyers: Obtaining Legal Title to the Land for the Killing Camp at Auschwitz.
- Author
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Grantham, Bill
- Subjects
LAND titles ,CAMP sites ,PUBLIC officers ,LAWYERS ,POSITIVISM - Abstract
The massive expansion of the Auschwitz extermination camp in 1943 involved a panoply of German lawyers and public officials, who laboured diligently at the legal clearance of title to lands belonging to multiple Polish owners so that the German Reich would have complete, legal, and unchallengeable ownership of the death camp site. These bureaucratic actions in pursuit of unspeakable ends, presented here in a historical-political inquiry, reveal fundamental – and much contested – issues of justice and legality, law versus non-law. [ABSTRACT FROM AUTHOR]
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- 2024
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11. The Role of Procedural Fairness: Land Titling Programs and Agricultural Investment in China.
- Author
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Cui, Yilin, Li, Cong, and Jiang, Yan
- Subjects
LAND tenure ,LAND titles ,PROPERTY rights ,FARMS ,AGRICULTURE ,FAIRNESS - Abstract
This study examines the moderating role of procedural fairness between land titling programs and agricultural investment. We constructed a theoretical model that introduces perceived security of land tenure and procedural fairness into the traditional "property rights-investment incentives" analytical framework. Moreover, we empirically analyze the impact of land titling and its procedural fairness on agricultural investment using data from the "Thousands of People, Hundreds of Villages" survey held in 2018 among 9596 households in China. The empirical analyses were conducted by using the ordinary least squares (OLS), probit, and instrumental variable methods. Our analysis showed that land titling in China significantly promotes agricultural investment by farm households and that procedural fairness has a significant positive moderating role in the investment incentive effect of land titling as well as significantly improving the institutional credibility of land titling and enhancing farmers' perceived land tenure security. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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12. The Influence of Rice Production, Rice Prices, Exchange Value on Rice Imports Islamic Perspective Review.
- Author
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Manik, Febriyani Natari, Harahap, Isnaini, and Rahmani, Noor Ahmadi Bi
- Subjects
AGRICULTURAL resources ,FARMS ,FOREIGN exchange rates ,NATURAL resources ,LAND titles - Abstract
Indonesia is an agricultural country where the source of livelihood for most of its population is in the agricultural sector. Indonesia is called an agricultural country because it has abundant natural resources and extensive agricultural land. However, just having a large area of land and getting the title of an agricultural country does not mean that you can produce your own food. The large population is one of the factors that influences Indonesia to import food commodities to meet basic domestic needs. This research aims to determine the influence of rice production, rice prices, exchange rates on rice imports from an Islamic perspective. The research method uses a quantitative approach with the VAR/VECM method. The data collected is secondary data and analyzed using software Eviews 13. The sample for this research is monthly and annual data on rice production, rice prices, exchange rates and rice imports from 2000-2023. The research results show that rice production partially influences rice imports. Rice prices influence rice imports. The exchange rate partially has a significant negative effect on rice imports and rice production, rice prices, the exchange rate partially has a significant negative effect on rice imports. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. Unbundling tenure security and demand for property rights: Evidence from urban Tanzania.
- Author
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Manara, Martina and Regan, Tanner
- Subjects
- *
PROPERTY rights , *CITIES & towns , *LAND titles , *WILLINGNESS to pay , *LANDOWNERS - Abstract
Rapid urbanisation in sub-Saharan Africa occurs with little land registration, and government-led regularisation schemes often find limited uptake of title deeds by residents. In theory, there could be private and public benefits from land titling in cities. However, little is known about how landholders value the various dimensions of formal property rights in comparison to informal tenure. We address these questions by unbundling property rights into multiple functions of tenure security and by adopting an innovative combination of methods, including an incentivised willingness-to-pay exercise, a survey, and in-depth interviews conducted in Dar es Salaam, Tanzania. Examining how landholders perceive dimensions of tenure advances our understanding of limited land formalisation in urban Africa and provides evidence for alternative policy approaches to address local demand for tenure security more effectively. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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14. Land conflicts from overlapping claims in Brazil's rural environmental registry.
- Author
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Furumo, Paul R., Yu, Jevan, Hogan, J. Aaron, Tavares de Carvalho, Luis M., Brito, Brenda, and Lambin, Eric F.
- Subjects
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DEFORESTATION , *LAND titles , *REAL property acquisition , *FORESTS & forestry , *FOREST reserves - Abstract
Satellite-based land use monitoring and farm-level traceability offer opportunities for targeted zero-deforestation interventions on private lands. Brazil's Rural Environmental Registry (Cadastro Ambiental Rural, or "CAR"), a land cadaster based on self-declaration of property boundaries, was created to monitor compliance with national forest laws. It has become an important enabling measure for sustainable supply chain initiatives like the Amazon Soy Moratorium. However, CAR enrollment is increasingly used to bolster illegal land claims, putting it at the heart of land grabbing dynamics. Self-declaration of properties in the CAR offers a unique situation to study land conflicts and their impact on land use decisions on a large scale. We quantified competing land claims among 846,420 registrations in the Brazilian Legal Amazon and applied a series of generalized linear mixed-effects models. We determined that CAR overlaps are more prevalent on larger registrations, in more densely settled areas, and in areas with less secure land tenure. We tested how landholders respond to land conflicts, finding significantly more deforestation and declared legal forest reserve on lands with multiple claims. CAR overlap results in an overestimation of forest reserves by up to 9.7 million hectares when considering double-counted and deforested areas of reserves, highlighting an overlooked form of Forest Code noncompliance. While the CAR continues to be used as evidence of land tenure, we conclude that the formalization of land claims through self-declarations is inadequate to decrease conflicts. CAR overlap information provides objective evidence of land conflict that authorities can leverage with field inspection to ensure peaceful occupation before issuing land titles. [ABSTRACT FROM AUTHOR]
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- 2024
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15. The Bureaucratic Politics of Urban Land Rights: (Non)Programmatic Distribution in São Paulo's Land Regularization Policy.
- Author
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Alonso Ferreira, Marcela
- Subjects
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POWER (Social sciences) , *MUNICIPAL government , *PROPERTY rights , *GOVERNMENT policy , *LAND titles , *BUREAUCRACY - Abstract
How do bureaucrats implement public policy when faced with political intermediation? This article examines this issue in the distribution of land rights to informal settlements in the municipality of São Paulo, Brazil. Land regularization is a policy established over three decades, where politicians' requests for land titles to their constituencies play a relevant role. Based on interviews and documents, this study finds that bureaucrats adopt a twofold approach to regulate distribution: they document informal settlements, enacting eligibility criteria; then, they manage and prioritize beneficiaries, accommodating qualifying political demands. In this process, they enforce eligibility rules consistently across cases, constraining political intermediation to a rational scheme. Therefore, bureaucrats reconcile nonprogrammatic politics and policy rules by separating eligibility assessment from beneficiary selection. This paper bridges urban distributive politics and street-level bureaucracy literature by revealing that policy implementers may use technical expertise to curb political influence and negotiate conflicting interests and constraints. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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16. Frontiers in the Duri Highlands, South Sulawesi: Control, Extraction and Ideologies.
- Author
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Duile, Timo
- Subjects
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INDIGENOUS ethnic identity , *LAND titles , *IDEOLOGY , *POWER (Social sciences) , *MUSLIM identity - Abstract
The Duri highlands in South Sulawesi have often been a contested frontier for resources, identities and political influence. This article discusses the issue of identities as ideologies within the framework of the political economies of the Duri highlands as a frontier region. It outlines different typologies of frontiers and explains how they have played a role in the history of the region. The article argues that the area was--and still should be--considered a frontier of extraction and of control. These frontiers formed in regard to different identities such as being Muslim, Indonesian or indigenous. Analysing more recent events, the article examines indigenous identity through which activists and local communities gain land titles. This process, it is argued, is of relevance in regard to the frontiers of control and extraction. The issue of indigenous land titles and the respective identities are the newest processes that shape the frontier, and while they discursively incorporate these areas into national development ideologies, they also make possible certain degrees of indigenous self-determination. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
17. Shifting Sands, Land from the Sea: A Microhistory of Coastal Land Titling in Thailand.
- Author
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Kuyakanon Knapp, Riamsara
- Subjects
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LAND titles , *PRIVATE property , *MICROHISTORY , *GROUNDWATER , *TRANSBOUNDARY waters , *ETHNOLOGY , *LEGAL procedure , *EMINENT domain - Abstract
This microhistory of a shoreline place in Thailand details the socio-natural process by which a piece of coastal land came to be recognised as private property by the state. It demonstrates that intimate and long-term attention to specificities of how property comes into being has more explanatory power than synoptic theorisations of accumulation and dispossession. Using ethnography, archives and affective co-narration, this paper probes the shifting ground of water and land to show how the fluidity of water plays a key role in the politics and legal procedures of enclosure, and how fluctuating boundaries become an ambiguous arena for property claims contestations amid entanglements of slippery legal semantics. It argues that the expanded notion of agency in the Anthropocene presents new challenges for thinking about property relations, and that thinking from a shoreline place of shifting water-land boundaries engenders novel questions to do with fluid dispossessions at a time of rising oceans. [ABSTRACT FROM AUTHOR]
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- 2024
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18. The Power of Securing Property Rights: Evidence from China's Land Titling Policy.
- Author
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Wen, Le, Paudel, Krishna P., Chen, Youhua, and He, Qinying
- Subjects
LAND titles ,PROPERTY rights ,LAND title registration & transfer ,FARM produce ,AGRICULTURAL productivity - Abstract
We develop a theoretical model to study the effect of the land titling program on land transfer, labor allocation, and agricultural production costs in rural China. To conduct empirical analysis, we employ the difference-in-differences and difference-in-difference-in-differences models and use nationally representative household survey data collected in 2013, 2015, and 2017. Results show that land titling significantly increases the probability of land transfer by approximately 6.36 percentage points. Land titling shifts rural laborers out of the agriculture sector and increases the migrant ratio in rural households. Finally, land titling decreases the per unit cost of agricultural products by about 8.11%. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
19. Planes de ordenamiento social de la propiedad rural y reforma rural integral en Colombia: estudio de caso en Ovejas, Sucre.
- Author
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Sánchez Díaz, Yennifer
- Abstract
Copyright of Estado & Comunes, revista de politicas y problemas publicos is the property of Instituto de Altos Estudios Nacionales (IAEN) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
20. LAND TENURE INSECURITY AND AGRICULTURAL RECOVERY: EVIDENCE FROM DISPLACED FARMERS IN NORTH-CENTRAL NIGERIA.
- Author
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Adofu, Ilemona, Okwanya, Innocent, Adofu, Sophia Ojochogwu, and Eraye, Michael Christopher
- Subjects
PROPERTY rights ,LAND titles ,AGRICULTURAL productivity ,AGRICULTURE ,LAND resource ,LAND tenure ,FARM ownership - Abstract
North-central Nigeria is facing a challenging dilemma as displaced farmers struggle to recover agricultural productivity due to land tenure insecurity. This study examines the effect of land rights violation on agricultural output among displaced returnees in the region using descriptive statistics and ordinary least square regression analysis from a sample of 854 respondents. Drawing from the data collected across the selected states affected by farmers-herders conflict in North-central Nigeria, the study reveals that unclear ownership and lack of formal land titles affect returnees' decision to invest in farm land. The results of this study show that when land rights are violated due to conflict or land intrusion, the income and overall productivity of returnees drop. The study also reveals that assistance given as interventions during the period of displacement is found not to significantly affect production and return to economic activities among displaced returnees. Based on these findings, this study suggests strengthening property rights policy on land and resources, especially in rural communities so as to promote agricultural recovery and food security conflict-affected areas like North-central Nigeria. [ABSTRACT FROM AUTHOR]
- Published
- 2024
21. 40 ACRES AND A LIE.
- Author
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Campbell, Alexia Fernández, Simpson, April, and Rebala, Pratheek
- Subjects
- *
LANDOWNERS , *LAND titles , *BLACK people , *EMINENT domain , *GENEALOGY , *BROTHERS , *LAND use , *CONSERVATION easements - Abstract
This article examines the broken promise of "40 Acres and a Mule" made to formerly enslaved individuals after the Civil War. It focuses on Union General William T. Sherman's Special Field Orders, No. 15, which offered land to Black Americans as reparations for slavery. Although some Black families did receive land titles, President Andrew Johnson's actions ultimately favored former Confederates and perpetuated racial inequality. The article explores the battle over land ownership, the violence and resistance faced by freedmen, and the story of Pompey Jackson, a freedman who eventually purchased his own land. It concludes by discussing the current wealth gap between Black and white Americans. [Extracted from the article]
- Published
- 2024
22. LEGAL CERTAINTY OF ELECTRONIC LAND TITLE CERTIFICATES.
- Author
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Chascarino, Heribertus Richard, Syahriar, Irman, P., Benhard Kurniawan, Khairunnisah, and Bazarah, Jamil
- Subjects
LAND titles ,LEGAL procedure ,LAND tenure ,DATA security ,LEGAL evidence ,PROPERTY rights - Abstract
The idea of launching electronic land certificates aims to increase efficiency in land registration, support the Ease of Doing Business (EoDB), reduce the number of land cases, and provide better legal certainty. Electronic land certificates, like conventional certificates, serve as proof of land ownership rights. However, the application of electronic certificates is still faced with public concerns regarding the security of digital data, although there are also those who consider it safer because it is free from the risk of damage or loss. Article 2 paragraph (1) states that the land registration process can be done digitally. This research uses a normative legal method with a conceptual approach, starting from an analysis of the vagueness of norms which is then discussed regarding legal certainty in land ownership with electronic certificates, which is supported by Law Number 6 of 2023 concerning Job Creation, Article 147. The determination of electronic certificates as valid evidence is also contained in Law Number 1 of 2024 concerning the second amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE), Article 5, which recognizes electronic information, electronic documents, and their printouts as valid legal evidence in accordance with applicable procedural law in Indonesia. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
23. Bureaucratic discretion in policy implementation: evidence from the Allotment Era.
- Author
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Dippel, Christian, Frye, Dustin, and Leonard, Bryan
- Subjects
DISCRETION ,PROPERTY rights ,LAND titles ,LAND trusts ,NATIVE Americans - Abstract
From 1887 to 1934, the federal government broke up millions of acres of tribally owned reservation lands and allotted them to individual Native American households. The Bureau of Indian Affairs' local "Indian agents" oversaw this highly contingent conveyance of property rights. They initially managed the allotted land held in trust, and then later decided when and if to re-title it to fee simple. Building on and going beyond the literature showing that bureaucratic incentives matter greatly for policy implementation, our paper studies empirically to what extent individual agents' idiosyncratic preferences and discretion shaped this process. We find that individual agents were statistically important drivers of policy implementation, introducing an element of historical randomness into the legacy of allotment, which continues to shape the distribution of land titles on reservations to the present day. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. The Benefits of Titling Indigenous Communities in the Peruvian Amazon: A Stated Preference Approach.
- Author
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Blackman, Allen, Dissanayake, Sahan T. M., Martinez-Cruz, Adan L., Corral, Leonardo, and Schling, Maja
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INDIGENOUS peoples of South America ,VALUATION of real property ,STATED preference methods ,LAND titles ,REAL property sales & prices - Abstract
We conduct a discrete choice experiment with leaders of 164 Peruvian Indigenous communities (ICs) to elicit their preferences about and valuation of land titles—to our knowledge, the first use of rigorous stated preference methods to analyze land titling. We find that on average, IC leaders are willing to pay US$35,000–US$45,000 for a title, roughly twice the per community administrative cost of titling; willingness to pay is positively correlated with the value of IC land and the risk of land grabbing; and leaders prefer titling processes that involve Indigenous representatives and titles that encompass land with cultural value. (JEL Q13, Q15) [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
25. UNRAVELING THE CONUNDRUM THAT IS SHELLEY V. KRAEMER: ENFORCEMENT OF RACIALLY RESTRICTIVE COVENANTS IS STATE ACTION.
- Author
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JOHNSON JR., ALEX M.
- Subjects
- *
COVENANTS (Law) , *STATE action (Civil rights) , *RACE discrimination , *CONTRACTS , *SERVITUDES , *REAL covenants , *LAND titles - Abstract
The article explains how the enforcement of racially restrictive covenant is state action in the case Shelley V. Kraemer. Topics discussed include contractual issues raised by restrictive covenants, servitudes and use of property law to explain racially restrictive covenants, Recordings Acts as the key to enforceable equitable servitudes and state action, impact of Recording Act on contractual rights, actions created by the state to benefit the state, and other discriminatory land transfers.
- Published
- 2024
26. Land Titling and Microcredit in Cambodia: Examining the Reality of Hernando de Soto's 'Three Steps to Heaven'.
- Author
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Bateman, Milford
- Subjects
POVERTY reduction ,LAND titles ,MICROFINANCE ,LAND tenure ,SUSTAINABLE development ,LAND use - Abstract
Starting with the work of Hernando de Soto in the 1980s, the role of land tenure soon attracted the attention of the international development community as a neoliberal-oriented theory of change rooted in the possession and use of private individual land titles by the poor. One of the central mechanisms proposed by de Soto was a three-step process that involves the poor (1) "securing" their tenure with land titles, (2) using their newly acquired land titles as collateral to leverage large amounts of microcredit to be used to establish a functioning microenterprise, and then (3) escaping from their poverty due to the jobs and income associated with founding and running a microenterprise. This paper explores what I call de Soto's "three steps to heaven" theory of change, a concept that was taken on board with gusto by leading Western governments and virtually all of the main international development institutions, particularly the World Bank. I argue that Cambodia provides the ideal setting for evaluating de Soto's concept because, since around 2020, it has possessed the largest microcredit sector in the world (on a per capita basis), thanks largely to the obligatory use of land titles as the collateral required to obtain microcredit. While the first two of de Soto's "three steps to heaven" have been realized, the evidence shows that the assumptions related to step three have proved to be extremely problematic: the ubiquity of microcredit that was achieved since the early 2010s via steps one and two has not, in general, improved the lives and communities of Cambodia's poor through accelerated microenterprise development. It appears, instead, to have contributed to deeper poverty, insecurity, vulnerability and inequality. I conclude that de Soto's "three steps to heaven" theory reflects a fundamental misunderstanding of the real institutional drivers of sustainable local economic development and poverty reduction. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
27. In commemoration of the life and work of Rudolph C. Ryser
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- 2024
28. A matter of trusts: Bare trusts, resulting trusts and dealings in land
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Hennebry, Edward
- Published
- 2024
29. Celebrating 140 years of Adelaide Law School
- Author
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McNamara, Judith
- Published
- 2024
30. Exclusivity, substantial interruption and the burden of proof in 'Re Edwards (Te Whakatohea No 2)'
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Yang, Hannah Z
- Published
- 2021
31. Rating of Maori land: A legal history
- Author
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Boast, R P
- Published
- 2021
32. COMPENSATION FOR LOSS OF EQUITABLE INTEREST IN LAND.
- Author
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Duncan, W. D.
- Subjects
LAND titles ,COMPENSATION (Law) ,MORTGAGES ,CONVEYANCING - Published
- 2024
33. YOUNG LONGSHANKS’ LOSS AT LEWES.
- Author
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Lyons, Chuck
- Subjects
- *
MERCENARY troops , *WAR , *INSURGENCY , *HORSE paces, gaits, etc. , *LAND titles , *PRISONERS of war , *KNIGHTS & knighthood ,BRITISH military - Abstract
The article provides a historical account of the Battle of Lewes, which took place in May 1264. Simon de Montfort, the 6th Earl of Leicester, led a rebellion against King Henry III of England. Despite being outnumbered, Montfort's forces strategically gained the high ground at Offham Hill near Lewes and emerged victorious. However, the rebellion was short-lived, as Prince Edward, Henry's son, organized a counter-rebellion and defeated Montfort at the Battle of Evesham in 1265. The defeat led to Henry III relinquishing his powers to a council of barons, with Montfort becoming the de facto ruler. The article includes photographs illustrating the aftermath of the battle and the key figures involved. [Extracted from the article]
- Published
- 2024
34. The Rodeo at Pinal: An Arizona Cattle Roundup, 1904.
- Author
-
Underhill, Lonnie E.
- Subjects
- *
CATTLE industry , *ANIMAL industry , *RANCHERS , *CATTLE breeders , *LAND titles , *HOMESTEAD law , *PUBLIC lands - Abstract
The article informs about 1904 Arizona Cattle Roundup, which focuses on the desire for practical management of the livestock industry and the necessity of cooperation among ranchers were being recognized in the form of local cattlemen's associations across the western U.S. It discusses accommodations for homesteaders to acquire titles to land under the Homestead Law and Desert Land Act, as most of the cattlemen turned their free-range herds out on public lands held by the federal government.
- Published
- 2022
35. SDG 2 - ending hunger: the effect of Nigeria's land titling on production output and food security of farming households.
- Author
-
Adeyemo, Temitayo Adenike and Adeagbo, Adeola Oluwabunmi
- Subjects
LAND titles ,AGRICULTURE ,PER capita ,CONSUMPTION (Economics) ,LAND tenure ,FOOD security ,FARMS - Abstract
Achieving zero hunger is intricately linked to sustainable agricultural production and the workings of a farming system. With land being the most important resource in smallholder agriculture in developing countries; including Nigeria; the effect of legal land ownership is a sine qua non for the process of achieving zero hunger in Nigeria. This study examined Nigeria's attempt at making agricultural land both accessible and utilizable for smallholders in Nigeria through the Presidential Technical Steering Committee on Land Reforms in 2009. The aim was to explore the extent to which land ownership had become legalized; so that it had positive investment incentives for smallholder farmers to improve their investment portfolio on their holdings. A secondary dataset of 4,032 respondents obtained from the Living Standard Survey Integrated Survey on Agriculture (LSMS/ISA) of the 2018/2019 season, was used for the study. Data analysis included descriptive statistics and a 2-stage least square model. The apriori being that legal land ownership provided a perception of security that would enhance farm-level investment; which would therefore increase production output and hence food security. The findings revealed that although land titling was low (~12%) within the agricultural system; its return on production output was highly significant (5.3; p < 0.05). The possession of land title would also increase per capita food consumption expenditure (0.35; p < 0.05) among the farming households. On average, households with access to land titles had a significantly higher (at p < 0.01) food expenditure (N9, 868.00) than those without land titles (N6171.72). Other farm-level investment variables such as credit use, and mechanization through tractor use were significant in improving food security amidst the security presented by possession of land title. Thus, expediting the implementation and coverage of formal land registration and titling may be a first step to contributing meaningfully to the food security drive of the SDGs in Nigeria. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. The application of international cultural rights in protecting Indigenous peoples' land property in Indonesia.
- Author
-
Fahmi, Chairul
- Subjects
- *
INDIGENOUS rights , *CULTURAL rights , *INDIGENOUS peoples , *PROPERTY rights , *LAND titles , *SOCIAL & economic rights - Abstract
Since the Indonesian government adopted the Agrarian Law 1960, which emphasises that any lands or territories without land title or land certificate are claimed belong to the state property, Indigenous peoples argue that the right over their land is based on a common recognition, instead of an official certification. This article aims to analyse the applicability of international cultural rights' norms in protecting Indigenous rights to land in Indonesia. Several international instruments, such as the UNESCO Conventions, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, have been urged that any government shall respect and protect cultural rights for everyone, including Indigenous peoples. Therefore, protecting Indigenous intangible and tangible cultural heritage would not be possible without protecting their ancestral lands, territories and resources. In other words, securing the right to traditional lands is a prerequisite for Indigenous communities' cultural survival in Indonesia. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
37. Racism and food insecurity: misfortunes of a Quilombola community in the Brazilian Legal Amazon.
- Author
-
Rabelo Câmara, João Henrique, Van Deursen Varga, István, Borges Araújo Frota, Maria Tereza, and Pereira da Silva, Hilton
- Subjects
COVID-19 pandemic ,ENVIRONMENTAL racism ,FOOD security ,INSTITUTIONAL racism ,LAND titles ,SANITATION - Abstract
This study examined food insecurity in the Quilombola community of Imbiral Cabeça-Branca, in Maranhão, Brazil, during the COVID-19 pandemic. A cross-sectional study was conducted in the last quarter of 2021 with 25 household heads from the community. Most participants were women (52.0%) with low schooling and were unemployed (68.0%), and 76.0% received a Federal Emergency Aid. The mean household density was four people, and houses were predominantly made of rammed earth, lacking basic sanitation. The consumed water came from artesian wells, and most houses had electricity. Food insecurity was identified in all households, with 12.0% classified as mild, 24.0% as moderate, and 64.0% as severe. The severe form was more common in households headed by single men (75%), older adults, less-educated individuals (78.7%), and the unemployed (64.7%). Food insecurity in the Quilombola community and other similar communities in the country results from substandard living conditions, unemployment, food deprivation, and lack of land titling. These factors also contribute to the perpetuation of institutional and environmental racism faced by these communities. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
38. Property rights, political connections, and corporate investment.
- Author
-
Miao, Meng, Tang, Dragon Yongjun, Xu, Lixin Colin, and Yan, Xiao
- Subjects
CORPORATE investments ,PROPERTY rights ,LAND titles - Abstract
We study the impact of an urban land titling program on firm investment in Shenzhen, China. We find that this program increased the investment rate for titling firms, but this positive effect only holds for politically connected firms. Further analysis suggests that the titling effect is more pronounced for those titling firms associated with greater expropriation risk. During program implementation, the connected titling firms increased their investment perhaps because, as observed, they experienced fewer disputes than non-connected titling firms. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
39. Indigenous communal land titling, the microfinance industry, and agrarian change in Ratanakiri Province, Northeastern Cambodia.
- Author
-
Baird, Ian G.
- Subjects
COMMONS ,LAND titles ,MICROFINANCE ,LAND tenure ,INDIGENOUS rights ,PROVINCES - Abstract
Indigenous Community Land Titles (ICLTs) in Cambodia promised to protect Indigenous land tenure and rotational swidden cultivation. However, the proliferation of microfinance institutions (MFIs) operating in Indigenous communities has threatened the process to establish ICLTs. Through a case study of an Indigenous Brao Tanap/Kreung community in Ratanakiri Province, I demonstrate how an ICLT process fell apart, primarily due to agrarian change, an increase in MFI loans, debt, and the desire for individual land certificates to collateralize MFI loans and sell land. This study is relevant for thinking about communal land titling's relationship with investment frontiers, uneven property formalization, and microfinance. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
40. Ecology of Capture: Creating Land Titles Out of Thin Air in Coastal Peru.
- Author
-
Ojani, Chakad
- Subjects
- *
LAND titles , *HIGH technology industries , *CITY dwellers , *URBANIZATION - Abstract
In coastal Peru, fog has recently been re-apprehended as an alternative water source for residents on the urban periphery. This article describes how a local NGO's fog capture project repurposed its multi-national big tech funder into an engine of informal urbanisation. I demonstrate how by instigating a process of multi-directional capture between NGO, funder, government, and recipients, the NGO's fog catchers mediated their beneficiaries' hopes about the acquirement of land titles, thereby drawing the state in as a potential supplier of the very infrastructure to which fog capture was being presented as an alternative. Against this backdrop, I propose an approach to micro-infrastructures as political materials with the capacity to reconfigure sociopolitical realities. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
41. Changes In The 2021 ALTA Standard Form Title Insurance Policies.
- Author
-
Adams, S. Craig
- Subjects
TITLE insurance policies ,RISK (Insurance) ,LOAN policy ,LAND titles - Abstract
The article discusses changes in the 2021 American Land Title Association's (ALTA) standard title insurance policy forms. Topics discussed include the clarification of certain covered risks, the addition of new language relating to remote online notarization in owner's and loan policies, and exclusions added with the 2021 Owner's and Loan Policy revisions.
- Published
- 2024
42. Indigenous collective land titling and the creation of leftovers: Insights from Paraguay and Cambodia.
- Author
-
Leemann, Esther and Tusing, Cari
- Subjects
- *
LAND titles , *LEFTOVERS , *INDIGENOUS peoples , *AGRICULTURAL implements , *LANDSCAPE changes - Abstract
Collective land titling often drags on for decades, while private land concessions and holdings do not face the same problem, creating 'leftovers' of land available for Indigenous peoples to attempt to collectively title. In two ethnographic case studies in Cambodia and Paraguay, we analyse community‐based Indigenous land titling by focusing on the on‐the‐ground dynamics of property relations, Indigenous livelihood shifts and ecological change. In both countries, large agricultural players implemented a staggering change in local landscapes through deforestation, configuring new realities that in turn feed into local environments and titling processes. Adapting their livelihoods to living in the leftovers, in Cambodia, the Indigenous Bunong shifted from rice to rubber as they navigated the slow titling process. In Paraguay, some Indigenous Guarani shifted from corn to cattle by renting out their collectively titled land. The case studies show that the liberal titling approach to secure Indigenous lands overestimates the ability of title to remove land from capitalist logics such as the push to rent or sell, while some spaces of autonomy are opened. We critique the liberal approaches to formalising title, where Indigenous struggles for their ways of life are funnelled into fighting for collective property. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
43. Property rights and human capital investment.
- Author
-
Chhaochharia, Vidhi, Ghosh, Suman, and Vishwasrao, Sharmila
- Subjects
- *
PROPERTY rights , *HUMAN capital , *CAPITAL investments , *CONDITIONAL cash transfer programs , *LAND titles , *POOR families - Abstract
In this paper, we study the effect of land titling on investment in human capital. We first develop a theoretical model of the investment in the presence of property rights to agricultural land and then test the predictions of the model regarding the schooling decisions of households using data from Mexico's PROCEDE land titling program. Using the staggered introduction of land titling, we find that ownership tilted the balance in favor of investment in human capital in the form of schooling. Titling decreased the hazard rate of dropping out of school by 14% for children between the ages of 6 and 18. Additionally, including the effects of the contemporaneous conditional cash transfer program further reduced the hazard rate of dropping out by 34%. We find that these results hold even when the head of the household changes or migrates. Titling has a significant effect on female children but not on extremely poor families. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
44. Management of cash waqf fund generation through the implementation of istibdal in Kedah.
- Author
-
Asni, Fathullah, Mohammed Noor, Afiffudin, and Hasbulah, Muhamad Husni
- Subjects
WAQF ,ASSET-liability management ,CASH management ,STATE departments of education ,SOCIAL impact ,LAND titles - Abstract
Purpose: The purpose of this study is to examine the management of cash waqf fund generation through the implementation of istibdal in Kedah. Design/methodology/approach: The data are obtained through literature and empirical data. The authors first review the literature on the importance of waqf fundraising, the implementation factors of istibdal waqf and the relevance of istibdal method as a waqf fund generation medium to understand the extent to which the scholarly articles have discussed these topics. Furthermore, the authors conducted face-to-face interviews with two Kedah Islamic Religious Council (Majlis Agama Islam Kedah [MAIK]) officers, who were directly involved in the affairs of istibdal waqf to obtain holistic information regarding implementing istibdal waqf properties in Kedah. As a result, several themes are defined from the interview data before being analysed based on the content analysis method. Findings: The results of the study show two istibdal implementation processes outlined by the Kedah Islamic Religious Council (MAIK), namely, the istibdal implementation process for waqf land registered title deed, and waqf land registered as reserve certificate for religious use like mosque and cemetery. The results also showed three factors in implementing istibdal in Kedah: the acquisition of waqf land by the state authority (PBN), istibdal application by the state education department (JPN) and istibdal application by the mosque committee. Out of eight cases of istibdal implementation, four have generated cash funds for MAIK through investment methods from the sale of waqf lands and rental of replaced shophouses that are able to cover the expenses of managing waqf properties in Kedah. Several suggestions are also recommended for MAIK to improve its istibdal policy, thus enabling the institution to generate cash waqf funds at the maximum rate. Research limitations/implications: This study only focused on the implementation factors and the generation of cash waqf funds through istibdal in Kedah, while it can be expanded to other states like Terengganu, Kelantan and Penang. Furthermore, this study only interviewed officers who manage matters related to the affairs of waqf properties, as the session can actually be extended to other respondents, such as those specialising in cash fund generation investments and others. Practical implications: This study proposed some improvements to the policy and guidelines of istibdal waqf property to MAIK after a few shortcomings were identified throughout this study. If improved, these proposals will have a significant impact, especially on the waqf properties involved in the implementation of istibdal, where it has the potential to bring cash generation and ensure the constant economic value of waqf properties. Social implications: This study has a tremendous impact on society, in which their areas have cash waqf funds that can be developed. It can benefit the needy and increase funds for the welfare expenditure of Muslims through rental income, investment and development. Progress on waqf property provides a high indication of the efficiency of an organisation in managing the waqf property. Thus, the public, especially the rich, is motivated to fulfil their charitable practices through waqf mechanism and share their wealth with the needy. Originality/value: This study contributes to comprehensive field data on the implementation factors and generation of cash waqf funds through the implementation of istibdal in Kedah. The results of this study are significant to be used by waqf property management. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
45. ¿Propiedad sin ley?: por qué las leyes de titulación y la prescripción adquisitiva no resuelven el problema de la «propiedad informal».
- Author
-
ARRIBAS, Guillermo
- Subjects
HOUSING ,HUMAN settlements ,LAND titles ,LAND use laws ,PERSONAL property - Abstract
Copyright of Revista Iberoamericana de Estudios de Desarrollo is the property of Revista Iberoamericana de Estudios de Desarrollo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
46. Migrations and visitations: Sacred sites and sacred stories in East Sepik Province, PNG
- Author
-
Gesch, Patrick
- Published
- 2020
47. PARADISE STOLEN.
- Author
-
Campbell, Alexia Fernández and Rebala, Pratheek
- Subjects
- *
BLACK people , *PARADISE , *HISTORICAL maps , *SALT marshes , *LAND titles - Abstract
The article discusses the history of Skidaway Island, which was once home to a thriving Black colony but is now a wealthy white enclave called The Landings. The land on which The Landings now sits was originally set aside for newly emancipated Black families as part of the 40 Acres and a Mule land distribution program. However, after President Abraham Lincoln was assassinated, President Andrew Johnson returned the land to its previous white owners, depriving Black Americans of their first opportunity to build wealth through landownership. Today, only 1 percent of Skidaway Island's residents identify as Black. The article highlights the impact of this loss and raises questions about reparations and the descendants of those who were promised land. [Extracted from the article]
- Published
- 2024
48. Fa'amatai and the land and titles court: Identifying sites of customary authority in contemporary Samoa
- Author
-
Morrison, William Iosefa Antonio
- Published
- 2023
49. The presumption of advancement in New Zealand: Time to relegate this doctrine to the annals of history
- Author
-
Ye, Ruiping
- Published
- 2023
50. Conceptualising the sustainable and highest-best use (SHBU) towards empowering rural land development in Malaysia.
- Author
-
Mokhtar, Salbiah, Abdul Rashid, Mohd Fadzil, Kamaruddin, Siti Mazwin, Abdul Kamar, Muhammad Asri, Abdullah, Suzanah, and Fikry Ali, Mohamad Azal
- Subjects
- *
RURAL development , *REAL estate development , *LAND use , *LAND titles , *LAND tenure , *RURAL women , *CROP yields - Abstract
Rural land development focuses on settlements and agricultural areas are crucial to be managed efficiently. This paper highlights the FELDA settlement area as in Malaysia FELDA has become an established organization that manages both the rural settlements and the crop areas well. The Felda scheme has changed the lives of landless residents by providing housing, employment, income from agribusiness shareholders, and the ownership of valuable land titles. Improving productivity and the quality of rural settlement and crop area plantation operation is one of the most difficult challenges and groundwork. Therefore, determining the highest and best use and ensuring the sustainability of the development needs to be catered for. This paper will conceptualize the elements essential for SHBU, and then, from the SHBU model, it will further develop the assessment of land suitability for crops and other land uses. This shows that the framework can assist in determining the highest and best use of the available land. The findings can be implemented in other rural areas within other agencies concerned with managing and developing rural and regional areas, such as RISDA, FELCRA, UDA and other rural development agencies in Malaysia [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
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