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Author: Lee J. Alston
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
We present a conceptual framework to better understand the interaction between settlement and the emergence of de facto property rights on frontiers prior to governments establishing and enforcing de jure property rights. In this framework, potential rents associated with more exclusivity drives “demand” for commons arrangements but demand is not a sufficient explanation; norms and politics matter. At some point enhanced scarcity will drive demand for more exclusivity beyond which can be sustained with commons arrangements. Claimants will therefore petition government for de jure property rights to their claims - formal titles. Land conflict will be minimal when governments supply property rights to first possessors. But, governments may not allocate de jure rights to these claimants because they face differing political constituencies. Moreover, governments may assign de jure rights but be unwilling to enforce the right. This generates potential or actual conflict over land depending on the violence potentials of de facto and de jure claimants. We examine land settlement and conflict on the frontiers of Australia, the U.S. and Brazil. We are interested in examining the emergence, sustainability, and collapse of commons arrangements in specific historical contexts. Our analysis indicates the emergence of de facto property rights arrangements will be relatively peaceful where claimants have reasons to organize collectively (Australia and the U.S.). The settlement process will be more prone to conflict when fewer collective activities are required. Consequently, claimants resort to periodic violent self-enforcement or third party enforcement (Brazil). In all three cases the movement from de facto to de jure property rights led to potential or actual conflict because of insufficient government enforcement.
Author: Lee J. Alston
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
We present a conceptual framework to better understand the interaction between settlement and the emergence of de facto property rights on frontiers prior to governments establishing and enforcing de jure property rights. In this framework, potential rents associated with more exclusivity drives “demand” for commons arrangements but demand is not a sufficient explanation; norms and politics matter. At some point enhanced scarcity will drive demand for more exclusivity beyond which can be sustained with commons arrangements. Claimants will therefore petition government for de jure property rights to their claims - formal titles. Land conflict will be minimal when governments supply property rights to first possessors. But, governments may not allocate de jure rights to these claimants because they face differing political constituencies. Moreover, governments may assign de jure rights but be unwilling to enforce the right. This generates potential or actual conflict over land depending on the violence potentials of de facto and de jure claimants. We examine land settlement and conflict on the frontiers of Australia, the U.S. and Brazil. We are interested in examining the emergence, sustainability, and collapse of commons arrangements in specific historical contexts. Our analysis indicates the emergence of de facto property rights arrangements will be relatively peaceful where claimants have reasons to organize collectively (Australia and the U.S.). The settlement process will be more prone to conflict when fewer collective activities are required. Consequently, claimants resort to periodic violent self-enforcement or third party enforcement (Brazil). In all three cases the movement from de facto to de jure property rights led to potential or actual conflict because of insufficient government enforcement.
Author: Edesio Fernandes
Publisher: Lincoln Inst of Land Policy
ISBN: 9781558442023
Category : Political Science
Languages : en
Pages : 48
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Book Description
In large Latin American cities the number of dwellings in informal settlements ranges from one-tenth to one-third of urban residences. These informal settlements are caused by low income, unrealistic urban planning, lack of serviced land, lack of social housing, and a dysfunctional legal system. The settlements develop over time and some have existed for decades, often becoming part of the regular development of the city, and therefore gaining rights, although usually lacking formal titles. Whether they are established on public or private land, they develop irregularly and often do not have critical public services such as sanitation, resulting in health and environmental hazards. In this report from the Lincoln Institute of Land Policy, author Edesio Fernandes, a lawyer and urban planner from Latin America, studies the options for regularization of the informal settlements. Regularization is looked at through established programs in both Peru and Brazil, in an attempt to bring these settlements much needed balance and improvement. In Peru, based on Hernando de Soto's theory that tenure security triggers development and increases property value, from 1996 to 2006, 1.5 million freehold titles were issued at a cost of $64 per household. This did result in an increase of property values by about 25 percent, making the program cost effective. Brazil took a much broader and more costly approach to regularization by not only titling the land, but improving public services, job creation, and community support structures. This program in Brazil has had a cost of between $3,500 to $5,000 per household and has affected a much lower percent of the population. The report offers recommendations for improving regularization policy and identifies issues that must be addressed, such as collecting data with baseline figures to get a true evaluation of the benefit of programs established. Also, it shows that each individual informal settlement must have a customized plan, as a single approach will not work for each settlement. There is a need to include both genders for long-term effectiveness and to find ways to make the regularization self-sustaining financially. Any program must be closely monitored to insure the conditions are improved for the marginalized, as well as be sure it is not causing new informal settlements to be established.
Author: Michael Lieder
Publisher: Random House (NY)
ISBN:
Category : History
Languages : en
Pages : 356
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Book Description
The untold story of how the Chiricahua Apache tribe won a $22 million settlement against the U.S. government that had imprisoned tribal members for 23 years. In 1947 President Truman established the Indian Claims Commission. WILD JUSTICE is a history of that extraordinary tribunal and the efforts of Native American tribes to obtain restitution from it.
Author: New South Wales
Publisher:
ISBN:
Category : Land settlement
Languages : en
Pages : 50
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Book Description
Author: Colin MacAndrews
Publisher: Institute of Southeast Asian Studies
ISBN: 9814377368
Category : Social Science
Languages : en
Pages : 73
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Book Description
This paper initially examines the evolution of land settlement policies in Malaysia and Indonesia, and in particular, looks at which models or types of schemes have or have not been successful. It then tries to isolate in both cases the factors - political, economic and cultural - that have either aided or impeded success. Finally, drawing on these two examples, it examines the kind and levels of government inputs that have been necessary for the successful implementation of these settlement policies in these two countries.
Author: The National Archives
Publisher: Oxford University Press
ISBN: 0198042272
Category : History
Languages : en
Pages : 257
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Book Description
Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.
Author: Donna Bingham Munger
Publisher: Rowman & Littlefield Publishers
ISBN: 1461665965
Category : History
Languages : en
Pages : 278
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Book Description
The genealogist trying to locate families, the surveyor or attorney researching old deeds, or the historian seeking data on land settlement will find Pennsylvania Land Records an indispensable aid. The land records of Pennsylvania are among the most complete in the nation, beginning in the 1680s. Pennsylvania Land Records not only catalogs, cross-references, and tells how to use the countless documents in the archive, but also takes readers through a concise history of settlement in the state. The guide explains how to use the many types of records, such as rent-rolls, ledgers of the receiver general's office, mortgage certificates, proof of settlement statements, and reports of the sale of town lots. In addition, the volume includes: cross-references to microfilm copies; maps of settlement; illustrations of typical documents; a glossary of technical terms; and numerous bibliographies on related topics.
Author: United States. National Archives and Records Administration
Publisher: Smithsonian Institution Press
ISBN:
Category : Education
Languages : en
Pages : 254
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Book Description
Guide for social studies teachers in using primary sources, particularly those available from the National Archives, to teach history.
Author: John F. McCarthy
Publisher: ISEAS-Yusof Ishak Institute
ISBN: 9814762083
Category : Social Science
Languages : en
Pages : 409
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Book Description
Indonesia was founded on the ideal of the “Sovereignty of the People”, which suggests the pre-eminence of people’s rights to access, use and control land to support their livelihoods. Yet, many questions remain unresolved. How can the state ensure access to land for agriculture and housing while also supporting land acquisition for investment in industry and infrastructure? What is to be done about indigenous rights? Do registration and titling provide solutions? Is the land reform agenda — legislated but never implemented — still relevant? How should the land questions affecting Indonesia’s disappearing forests be resolved? The contributors to this volume assess progress on these issues through case studies from across the archipelago: from large-scale land acquisitions in Papua, to asset ownership in the villages of Sulawesi and Java, to tenure conflicts associated with the oil palm and mining booms in Kalimantan, Sulawesi and Sumatra. What are the prospects for the “people’s sovereignty” in regard to land?
Author: Congressional Research Congressional Research Service
Publisher: CreateSpace
ISBN: 9781505875508
Category :
Languages : en
Pages : 28
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Book Description
The federal government owns roughly 640 million acres, about 28% of the 2.27 billion acres of land in the United States. Four agencies administer 608.9 million acres of this land: the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service (FS) in the Department of Agriculture. Most of these lands are in the West and Alaska. In addition, the Department of Defense administers 14.4 million acres in the United States consisting of military bases, training ranges, and more. Numerous other agencies administer the remaining federal acreage. The lands administered by the four land agencies are managed for many purposes, primarily related to preservation, recreation, and development of natural resources. Yet each of these agencies has distinct responsibilities. The BLM manages 247.3 million acres of public land and administers about 700 million acres of federal subsurface mineral estate throughout the nation. The BLM has a multiple-use, sustained-yield mandate that supports a variety of uses and programs, including energy development, recreation, grazing, wild horses and burros, and conservation. The FS manages 192.9 million acres also for multiple uses and sustained yields of various products and services, including timber harvesting, recreation, grazing, watershed protection, and fish and wildlife habitats. Most of the FS lands are designated national forests. Wildfire protection is increasingly important for both agencies. The FWS manages 89.1 million acres of the total, primarily to conserve and protect animals and plants. The National Wildlife Refuge System includes wildlife refuges, waterfowl production areas, and wildlife coordination units. The NPS manages 79.6 million acres in 401 diverse units to conserve lands and resources and make them available for public use. Activities that harvest or remove resources generally are prohibited. Federal land ownership is concentrated in the West. Specifically, 61.2% of Alaska is federally owned, as is 46.9% of the 11 coterminous western states. By contrast, the federal government owns 4.0% of lands in the other states. This western concentration has contributed to a higher degree of controversy over land ownership and use in that part of the country. Throughout America's history, federal land laws have reflected two visions: keeping some lands in federal ownership while disposing of others. From the earliest days, there has been conflict between these two visions. During the 19th century, many laws encouraged settlement of the West through federal land disposal. Mostly in the 20th century, emphasis shifted to retention of federal lands. Congress has provided varying land acquisition and disposal authorities to the agencies, ranging from restricted to broad. As a result of acquisitions and disposals, federal land ownership by the five agencies has declined by 23.5 million acres since 1990, from 646.9 million acres to 623.3 million acres. Much of the decline is attributable to BLM land disposals in Alaska and also reductions in DOD land. Numerous issues affecting federal land management are before Congress. They include the extent of federal ownership, and whether to decrease, maintain, or increase the amount of federal holdings; the condition of currently owned federal infrastructure and lands, and the priority of their maintenance versus new acquisitions; the optimal balance between land use and protection, and whether federal lands should be managed primarily to benefit the nation as a whole or instead to benefit the localities and states; and border control on federal lands along the southwest border.
