Littérature scientifique sur le sujet « Public land Law »
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Articles de revues sur le sujet "Public land Law"
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Ivanov, Anton A. « Soil — Land Parcel — Land — Territory ». Zakon 21, no 5 (mai 2024) : 38–45. http://dx.doi.org/10.37239/0869-4400-2024-21-5-38-45.
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The article is devoted to the differentiation of some notions in civil law, land law and public construction law of Russia such as soil, categories of lands, land parcel, zone of regulation and territory. The land parcel as a true object of civil law requires its being defined as 3-dimentional thing (res) with corporeal (physical) contents. It does not matter what these contents are — soil, water or mineral resources. Technical description of the land parcel as a 2-dimentional surface (without filling) is one of the method of its individualisation. All other notions — categories of lands, zone of regulation, territory — are the notions of public law. Using these public notions in the description of civil law objects should be eliminated.
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Kim, Nam-Wook. « The footsteps of administrative law and public land law - Focusing on land planning law - ». Korean Public Land Law Association 87 (30 août 2019) : 259–85. http://dx.doi.org/10.30933/kpllr.2019.87.259.
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Harris, Grant A., George Comeron Coggins et Charles F. Wilkinson. « Federal Public Land and Resources Law ». Journal of Range Management 40, no 4 (juillet 1987) : 383. http://dx.doi.org/10.2307/3898748.
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Krishnasanti, Trischa Galuh, et Made Widya Prasasti. « Land Bank as Land Provision Agency in Land Procurement for Public Interest ». Jurnal Hukum Prasada 10, no 1 (14 mars 2023) : 59–68. http://dx.doi.org/10.22225/jhp.10.1.2022.59-68.
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The idea of creating regulations about Land Bank is getting stronger by seeing many problems regarding the land supply for development for the public interest. The enactment of Law Number 11 of 2020 concerning Job Creation is the basis for the establishment of the Land Bank Agency. The mandate of Article 33 paragraph (3) of the 1945 Constitution and Article 2 of Law Number 5 of 1960 concerning Basic Agrarian Principles says that the State has the authority to control, regulate, and organize the allotment of land, water, and natural resources contained therein for the people greatest prosperity. However, the availability of land amount is not proportional to the massive development by people and the government conduce in land price fluctuations. Moreover, the absence of a land operator role hinders infrastructure development for the public interest. The purpose of this study is to reveal the legitimacy of the Land Bank Agency in land procurement for development in the public interest after the enactment of Omnibus Law and to describe land acquisition by the Land Bank Agency. The doctrinal research method is used in this study. Approach methods that are used in this study are the statute and conceptual approaches. It was found that the legitimacy of the Land Bank Agency is a form of the authority of the State Right to Control over Land which carries out functions as a land manager and guarantees the availability of land in for the public interest so that the Land Bank Agency can act as an agency that requires land in land acquisition for development for the public interest. The acquisition of land by Land Bank Agency is carried out through government determinations and through a waiver of rights.
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Hajrah, Hassan Hamza. « Public Land Distribution in Saudi Arabia ». Arab Law Quarterly 1, no 3 (mai 1986) : 359. http://dx.doi.org/10.2307/3381761.
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Pyle, Lizbeth A., et Rutherford H. Platt. « Land Use Control : Geography, Law, and Public Policy ». Geographical Review 83, no 1 (janvier 1993) : 92. http://dx.doi.org/10.2307/215385.
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Zhu, Ying-Ping. « The Protection of Land in Chinese Public Law ». KOOKMIN LAW REVIEW 19, no ll (février 2007) : 47–73. http://dx.doi.org/10.17251/legal.2007.19..47.
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Cobb, Rodney L. « Land-Use Law : Marred by Public Agency Abuse ». Land Use Law & ; Zoning Digest 52, no 11 (novembre 2000) : 3–10. http://dx.doi.org/10.1080/00947598.2000.10396043.
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Jackson, Richard H. « Land use control : Geography, law and public policy ». Land Use Policy 9, no 4 (octobre 1992) : 306–7. http://dx.doi.org/10.1016/0264-8377(92)90010-t.
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Mertes, James D. « Land use control geography, law and public policy ». Landscape and Urban Planning 23, no 1 (décembre 1992) : 72–73. http://dx.doi.org/10.1016/0169-2046(92)90066-9.
Texte intégralThèses sur le sujet "Public land Law"
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Luwaya, Nolundi. « Understanding women's claim to land in an Eastern Cape Village ». Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29793.
Texte intégralRésumé :
The history of land dispossession in South Africa affected communities in the former homelands in multiple ways. The laws used to implement policies of segregation and dispossession undermined the rights to land held by black South Africans living in the countryside. Women living in these communities suffered under the dual burden of diminished status in the eyes of the law and landlessness. This history has shaped the current reality of women living on communal land in rural South Africa and has influenced the development and security of their land rights. In the context of a Constitutionally protected right to secure tenure, this dissertation discusses relevant literature, past legislative interventions and present-day laws, bills and policies in order to foreground the powerful role of framing in determining whose land rights are recognised and protected. Drawing on further literature and empirical research I discuss the interaction between top down approaches to framing laws and the assignment of status, an aspect that is crucial for black women. I discuss this alongside the lived experiences of women claiming residential land in a rural Eastern Cape community in order to foreground the inherent shortcomings of such top down approaches and their inability to fully recognise and protect the land rights of rural women.
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Masudul, Haque A. K. M. « Critical reflections on law and public enterprises in Bangladesh ». Thesis, University of Warwick, 1991. http://wrap.warwick.ac.uk/108768/.
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This thesis analyses the use of law in the emergence and functioning of public enterprises in Bangladesh, which are viewed as a politico-economic and legal institution devised to implement public policy. According to a meeting of experts at Tangier (Morocco) from the 15-19 December 1980 on the "Concept, definition and classification of public enterprises", a public enterprise is an organisation which is: -owned by public authorities including central, state or local authorities, to the extent of fifty percent or more, -is under the top managerial control of the owning public authorities, such public control including, inter alia, the right to appoint management and to formulate critical policy decisions, -is established for the achievement of a defined set of public purposes, which may be multidimensional in character -and is consequently placed under a system of public accountability -is engaged in activities of a business character -involves the basic idea of investment and returns -and which markets its outputs in the shape of goods and services. Thus, public enterprises would include any commercial, financial, industrial, agricultural or promotional undertaking owned by a public authority, either wholly or through majority shareholding which is engaged in the production and sale of goods and services and whose affairs are capable of being recorded in the balance sheets and profit and loss accounts. In spite of the fact that many of the problems of public enterprises are a direct concern of lawyers, this thesis is the first attempt by a lawyer to study legal aspects of public enterprises in the context of Bangladesh. It aims to make an original contribution to the growing body of scholarship establishing links between public law and politics. It was undertaken at a time when the idea of privatisation is sweeping all over the world, necessitating a fresh discussion on the role of public enterprises and the practicality of significant privatisation in a poor country like Bangladesh. By its very nature, the thesis can only be both analytical as well as descriptive. The scheme of analysis involves reference to historical, political, social and economic factors that have contributed to the emergence of public enterprises in Bangladesh and the later privatisation of some of them The thesis is influenced by the recognition of the importance of contextual non-legal factors that have influenced the development process in Bangladesh. Like in many other developing countries, in Bangladesh the role of law in achieving developmental objectives has been over-emphasised. Of course problems of development have clearly influenced the perception of the predominant role of legislation. But law is only one factor interwoven with other factors in a wider social and economic fabric. This is not to de- emphasise the importance of formal legal provisions, but they should be seen as symbols of attempts to implement the law's underlying tasks, and, in the course of this, as providing political resources which individuals and groups can utilise to gain their ends. It is, therefore, important not to confuse the instruments of implementation with the underlying purposes themselves. Thus this thesis, instead of focusing only on the different kinds of legal rules, looks at the underlying power relationships in Bangladesh and the interests for which state power is being used which, in turn, influence the actual functioning of the public enterprises. The roles of the state and the bureaucracy in the functioning of public enterprises are included in this discussion. It explains the behaviour, performance and development of public enterprises in Bangladesh. It also, examines the political and socio-economic context in which public enterprises are embedded. The central hypothesis of the thesis is that the creation and operation of public enterprises are mostly determined by the character of the political coalition in power, and that political changes are reflected in intra-organisational dimensions. It recognizes that even though public enterprises are powerful socio-economic and legal entities, to understand their functioning it is necessary to analyse their external environment. Indeed, an adequate approach to public law should be to investigate public policy, and ask what demands government makes of the constitutional and legal systems in seeking to achieve its objectives, how those systems respond to those expectations, and the problems created by those responses for the government. Thus public law is a tool used to achieve public ends. The use of public law may occur directly either through the moulding of social processes by regulatory rules or through the establishment and definition of institutions. Thus the version of public law adopted in the thesis has for its main focus of interest the design of institutions through which public policy is implemented along with the relationship between those institutions and other parts of the constitutional structure. Therefore, a particular concern of this thesis will be institutional design for the operation of public enterprises in Bangladesh. Operational aspects include both organisation and management. Organisation is viewed as the structure of hierarchy in the functioning of public enterprises and management can be defined as the processes by which the work is accomplished including planning, financing, staffing, controlling various activities and ensuring accountability. The thesis concludes that, the legal forms and the law including measures of privatisation have not achieved what they had intended to. The benefit of the legal form can be achieved only when there is a full understanding and acceptance by the concerned parties viz., government, management and workers of what a legal form entails. Until public enterprise culture becomes more business-like, the changes in the legal form will be of little relevance. In order to improve the performance of public enterprises it is necessary to ensure true accountability of the government to the people. Without establishing real democracy in Bangladesh, which was mostly governed by martial law, framing rules and regulations to improve performance of public enterprises will largely be an exercise that will not ensure practical benefits to the country.
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Paterson, Alexander R. « Bridging the gap between conservation and land reform : communally-conserved areas as a tool for managing South Africa's natural commons ». Doctoral thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11498.
Texte intégralRésumé :
Includes abstract.Includes bibliographical references (p. 370-417).
This dissertation examines whether the concept of communally-conserved areas provides a useful tool for bridging the current apparent impasse between South Africa’s conservation and land reform agendas.
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Butler, Christopher, et n/a. « Law and the Social Production of Space ». Griffith University. Griffith Law School, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20040521.141805.
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This study investigates the relationship between law and space by focusing on the role of the land-use planning system in producing the space of Australian urban regions. The primary aim of the project is to demonstrate the significance of the theoretical and sociological framework of Henri Lefebvre for an emerging field of socio-legal studies concerned with the relationship between law and geography. To this point very few contributions to this field have considered the theoretical connections between law and space in any depth. This thesis demonstrates how Lefebvre's sophisticated theory of the socially produced nature of space can broaden the scope of 'law and geography' research. It does so through a detailed survey of Lefebvre's work and a deployment of his ideas in a series of inquiries into the production of space in Australia. This endeavour is pursued in two stages. Part I of the thesis begins by examining how explanatory models within the social sciences have become increasingly concerned with the spatial dimensions of social life. This 'spatial turn' is reflected in a small, but growing literature within socio-legal studies which focuses on the interdisciplinary connections between law and geography. However the theoretical foundations of this field remain underdeveloped. Through an analysis of Lefebvre's writings, this thesis identifies an anti-reductionist methodological approach to space and its social production. This is used to establish a theoretical framework for the study of the spatial dimensions of law. Part II of the thesis uses this framework to address two questions about the law-space relationship. The first of these is concerned with how law is involved in the production of space. This is considered through three linked studies of the production, planning and legal regulation of space. The starting point for this investigation is the geographical site of suburbia. Lefebvrean categories are used to redescribe Australian suburbia as a form of abstract space - simultaneously fragmented, homogeneous and hierarchically organised. The thesis then argues that the land-use planning system in the post-war decades played a significant role in the development of this form of settlement space, by adhering to a form of bureaucratic thinking that Lefebvre characterises as the rationality of habitat. This rationality embodied technocratic functionalism, a visualised formalism and a structural imposition of expert authority in planning decision-making. With the shift to a neoliberal state form in the last two decades, there have been significant changes to spatial planning. Through an analysis and critique of the Integrated Planning Act 1997 (Qld), it is demonstrated that under neoliberalism there has been a reformulation of the rationality of habitat. In particular, the Integrated Planning Act relies on two new formal strategies, the exchange form and the integrative form, in instituting its changes to planning practice. The exchange form abolishes the technique of land-use 'zoning' and increases the use of market mechanisms in the designation of spatial uses. The integrative form restructures the relationships between local and State government agencies and attempts to channel most forms of public participation into the early stages of policy formation. This thesis argues that rather than changing the spatial outcomes of land-use planning, by commodifying space and restructuring the hierarchies of state decision-making, the Integrated Planning Act will continue to reproduce the social relations of abstract space. The second question in Part II deals with how Lefebvre's ideas can contribute to critical thinking about public law in general. It is argued that while law plays a significant role as a producer of space through the planning system, processes of spatial production also shape and structure state institutions. Two areas of research which could benefit from a Lefebvrean theoretical framework are identified. The first area concerns explanations of the effects on public law of the reterritorialised state form that has emerged under neoliberalism. The second is the renewal of critical theory in public law. In particular, the thesis makes the case that the spatial contradiction between the use and exchange values that are attached to space, challenges the normative orthodoxy within public law scholarship which relies on the values of participation and accountability. This thesis contributes to socio-legal research in three important ways. Firstly, it uses Lefebvre's theoretical approach to develop a critical planning law, linking state planning to the process of the production of space. Secondly, the thesis uses Lefebvrean categories to link the study of public law to political struggles which surround spatial production. It suggests a new way for critical legal scholarship to conceptualise public law in terms of the relationship between state power and the inhabitance of space. Lastly, these inquiries demonstrate the importance and relevance of Lefebvre's social theory for the discipline of socio-legal studies. By grounding the concept of 'space' in material processes of production, a Lefebvrean approach provides an alternative to existing theoretical accounts within law and geography research and will deepen our understanding of the relationships between legal and spatial relations.
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Swart, Charl. « Public opinion on land reform in South Africa ». Thesis, Stellenbosch : Stellenbosch University, 2010. http://hdl.handle.net/10019.1/4377.
Texte intégralRésumé :
Thesis (MA (Political Science))--Stellenbosch University, 2010.ENGLISH ABSTRACT: This study explores public opinion on land reform in South Africa using data gathered by Ipsos-Markinor in nationally representative public opinion surveys conducted in 2004 and 2007, and by an elite survey conducted by Centre for International and Comparative Politics in 2007. This study explores whether public opinion on land reform reveals distinct trends that correlate with the selected socio-demographic variables of race, language, party affiliation and social status. It is hypothesised that there is an identifiable correlation between these independent variables and the opinions of respondents on land reform, with specific groups tending to support land reform whilst other groups tend to reject it. The data analyses yielded results that highlight distinct trends in public opinion on land reform. Responses are clustered around specific characteristics of the independent variables and point towards distinct groups having specific views on land reform. From this set of findings it is inferred that public opinion on land reform illustrates that certain groups of South Africans have contrasting views of how the rule of law and transformation should find expression in a democratic society. These fundamentally differing opinions on key elements of democracy illustrate that South Africans hold diverging opinions of what constitutes democracy, through adherence to either the liberal or the liberationist model of democracy. These models were previously identified as two distinct and diverging interpretations of democracy in South Africa and were labelled as such. These two models uphold sharply divergent normative prescriptions of democracy, as well as contrasting prescriptions for various policies of democratic consolidation, including that of land reform.
AFRIKAANSE OPSOMMING: Openbare mening oor grondhervorming in Suid-Afrika word in hierdie studie ondersoek. Die ondersoek maak gebruik van data ingewin deur Ipsos-Markinor in nasionaal verteenwoordigende openbare meningsopnames uitgevoer in 2004 en 2007, asook ‘n elite opname wat in 2007 uitgevoer is deur die Sentrum vir Internationale en Vergelykende Politiek (CICP). Hierdie studie ondersoek die moontlikheid dat openbare mening ten opsigte van grondhervorming met geselekteerde sosio-demografiese veranderlikes (ras, taal, politieke affiliasie en sosiale status) korreleer. Die hipotese is dat daar ‘n identifiseerbare korrelasie is tussen hierdie onafhanklike veranderlikes en die menings van die respondente ten opsigte van grondhervorming en dat daar spesifieke groepe is wat grondhervorming ondersteun en ander nie. Analise van die data toon duidelike tendense in openbare mening oor die kwessie van grondhervorming. Menings korreleer wel met die onafhanklike veranderlikes en wys daarop dat bepaalde sosiale groepe uiteenlopende standpunte het oor grondhervorming. Uit hierdie stel bevindinge maak die navorser die afleiding dat daar, binne die Suid- Afrikaanse bevolking, groepe is met uiteenlopende menings oor hoe die oppergesag van die reg en transformasie binne ‘n demokrasie uitgeleef moet word. Hierdie fundamenteel kontrasterende menings ten opsigte van hierdie sleutelelemente van demokrasie, illustreer dat Suid-Afrikaners uiteenlopende menings oor demokrasie het in die vorm van ondersteuning van hetsy die liberale- of bevrydingsmodelle van demokrasie. Hierdie modelle is as twee duidelike en afsonderlike interpretasies van demokrasie voorgestel en beskryf. Hierdie twee modelle verteenwoordig skerp uiteenlopende normatiewe beskouinge oor demokrasie, en bied daarmee saam, botsende beleidsvoorskrifte aan vir demokratiese konsolidering, insluitende beleid oor grondhervorming.
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Radbone, Ian. « A history of land transport regulation in South Australia : the relevance of public choice theory ». Title page, contents and summary only, 1989. http://web4.library.adelaide.edu.au/theses/09PH/09phr124.pdf.
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Goodwin, David Pell, et n/a. « Belonging knows no boundaries : persisting land tenure custom for Shona, Ndebele and Ngai Tahu ». University of Otago. Department of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20080807.151921.
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Aspects of customary land tenure may survive even where formal rules in a society supersede custom. This thesis is about persisting custom for Maori Freehold land (MFL) in New Zealand, and the Communal Areas (CAs) of Zimbabwe. Three questions are addressed: what unwritten land tenure custom still persists for Ngai Tahu, Shona and Ndebele, what key historical processes and events in New Zealand and Zimbabwe shaped the relationship between people and land into the form it displays today, and how do we explain differences between surviving customary tenure practices in the two countries? The research was based on in-depth interviews.
A key difference between the two countries was found to lie in the type and degree of security available over the years to Maori and Shona/Ndebele. Roots of security were found in the substance of the founding treaties and concessions, and thereafter in a variety of other factors including the help (or lack of it) offered by the law in redressing grievances, the level of intermarriage between settler and autochthon, the differing security of land rights offered in urban centres in the respective countries, demographic factors and the availability of state benefits. This research finds that greater security was offered to Maori than to Shona and Ndebele, and that this has reduced the centrality of customary practices with regard to land.
The research found that, in Zimbabwe, tenure security in the CAs is still underwritten by communities and that significant investment is still made in both living and dead members of those communities. Another finding is that land custom has adapted dynamically to meet new challenges, such as urban land and CA land sales. In New Zealand, investment in groups that jointly hold rights in MFL has, to some extent been eclipsed by the payment of rates and the availability of services (e.g. state-maintained boundary records and law enforcement mechanisms) and of benefits (e.g. superannuation, disability and unemployment). Land and community are not as closely linked to survival as they were in the past and, for many, they have come to hold largely symbolic value and less practical significance. Overall, it is the pursuit of security and �belonging� that have been the greatest influences on customary land tenure practices in the long term.
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Davis, James Joe. « The Effects of Coalition Building on Public Law 93-531 : The Navajo and Hopi Land Settlement Act of 1974 ». Diss., Tucson, Ariz. : University of Arizona, 2005. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu%5Fetd%5F1278%5F1%5Fm.pdf&type=application/pdf.
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Van, Meter Heather J. « Sustainable development and public international institutions : lessons from the mining industry ». Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7753/.
Texte intégralRésumé :
This thesis analyzes public and private international efforts towards sustainable development to date in the mining industry. Specifically, this thesis analyzes the roles of the United Nations, WTO, IMF and World Bank, and other institutions promoting sustainable development in the mining industry. This thesis also considers private company and NGO efforts towards sustainable development in the mining industry. The thesis concludes by recommending a public-private partnership for shared value in the mining industry with respect to sustainable development, meaning a partnership between industry, NGOs and public international institutions that generates economic value while simultaneously producing value to society by addressing societal and environmental problems.
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Gerber, Johannes Abraham. « A golden midway for a divided society ? : the South African land reform project and its relationship with the rule of law and transformation ». Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/49821.
Texte intégralRésumé :
Thesis (MPhil)--University of Stellenbosch, 2004.ENGLISH ABSTRACT: South Africa's history led to an unequal distribution in land ownership, which is not conducive to democratic consolidation. Land refortn is the means to address this problem. However, land reform, part of the larger process of transformation, is a potentially dangerous process: it can have negative implications on the rule of law. The objective of this study is to provide an analysis of the dynamic relationship between land reform, the rule of law and transformation in South Africa, within the debate on democratic consolidation. One can distinguish two paradigms regarding democracy: the liberal paradigm and the liberationist paradigm. These two paradigms have divergent views on the way land reform and transformation should be implemented, and what the goal of these two processes is. The liberal paradigm would seem to be more favourable for democratic consolidation, while the liberationist paradigm is a breeding ground for populist transformation. Furthermore, the negotiated constitutional settlement has left land reform with an ambiguity. On the one hand the constitution forces the govemment to address land reform, but on the other hand it firmly entrenches the private property rights by enforcing the 'willing buyer, willing seller' principle, which makes the process more costly and time consuming. The main hypothesis of this study is: Demographic indicators (race, party affiliation and provincial setting) influence support or rejection of the land reform policies of the South African govemment. Tbe dependent variable is 'support or rejection of the government's land reform policies'. Support for the govemment's land reform policies is indicative of the liberal paradigm and rejection of the govemment's policies is indicative of the liberationist paradigm. It is found that the majority of South Africans reject the govemment's land reform policies. However, strong divisions are evident. Respondents differ along racial, party affiliation and provincial lines. Thus, the liberationist paradigm dominates, but the liberal paradigm has a strong presence, creating an ideologically divided society. This means that the legitimacy of South Africa's land reform project, as well as the legitimacy of the constitution, is under stress. This does not bode well for democratic consolidation, as the rule of law is under severe threat. Thus, one can conclude that land reform is not going to make a positive contribution to the consolidation of South Africa's democracy, if a substantial financial injection is not found to increase the efficiency of the process.
AFRIKAANSE OPSOMMING: Suid-Afrika se geskiedenis het aanleiding gegee tot 'n ongelyke verspreiding van grondeienaarskap. Dit is nie gunstig vir demokratiese konsolidasie nie. Grondhervorming IS die mamer waarmee die probleem aangespreek kan word. Grondhervorming, deel van die groter proses van transformasie, is egter 'n potensieel gevaarlike proses: dit kan negatiewe implikasies vir regsoewereiniteit hê. Die doel van hierdie tesis is om 'n analise van die dinamiese wisselwerking tussen grondhervorming, regsoewereiniteit en transformasie te verskaf, binne die debat oor demokratiese konsolidasie. Daar kan aangaande demokrasie tussen twee paradigmas onderskei word: die liberale paradigma en die bevrydings (liberationist) paradigma. Hierdie twee paradigmas het teenstrydige perspektiewe oor die manier waarop grondhervorming, sowel as transformasie, geïmplementeer behoort te word, sowel as wat die doel van hierdie twee prosesse is. Die liberale paradigma is meer geskik vir demokratiese konsolidasie, terwyl die bevrydings paradigma 'n teelaarde vir populistiese transformasie is. Verder het die onderhandelde grondwetlike skikking grondhervorming in 'n teenstrydigheid geplaas. Aan die een kant vereis die grondwet dat die regering grondhervorming moet aanspreek, maar aan die anderkant bied dit 'n ferm onderskraging van private eiedomsreg deur op die 'gewillige koper, gewillige verkoper' beginsel aan te dring. Dit maak die grondhervormings proses langer en duurder. Die hoof hipotese van die studie is: Demografiese indikatore (ras, partyaffiliasie en provinsie) beïnvloed ondersteuning of verwerpmg van die regering se grondhervormingsbeleid. Die afhanklike veranderlike IS 'ondersteuning of verwerping van die regering se grondhervormingsbeleid '. Ondersteuning van die regering se grondhervormingsbeleid dui op die liberale paradigma, en die verwerping daarvan dui op die bevrydings paradigma. Daar word bevind dat die meerderheid Suid-Afrikaners die regenng se Respondente verskil volgens ras, partyaffiliasie en provinsie. Dus, die bevrydings paradigma domineer, maar die liberale paradigma het ook 'n sterk teenwoordigheid. Dit sorg vir 'n ideologies verdeelde samelewing. Dit beteken dat die legitimiteit van Suid-Afrika se grondhervormings projek, sowel as die legitimiteit van die grondwet, in gedrang is. Dit is nie 'n goeie teken vir demokratiese konsolidasie nie, aangesien dit regsoewereiniteit in die gedrang bring. Daarom kan daar tot die gevolg gekom word dat grondhervorming nie 'n positiewe bydrae ten opsigte van die konsolidasie van Suid-Afrikaanse demokrasie sal maak nie, tensy daar 'n beduidende finansiële inspuiting gevind kan word.
Livres sur le sujet "Public land Law"
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Rocky Mountain Mineral Law Foundation., dir. Public land law. [Denver, CO : The Foundation], 1992.
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Rocky Mountain Mineral Law Foundation. et American Bar Association. Committee on Public Lands and Land Use., dir. Public land law II. [Denver, CO : The Foundation], 1997.
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Kennett, Steven Alexander. New directions for public land law. Calgary : Canadian Institute of Resources Law, 1998.
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Baynard, Ernest C. Public land law and procedure. New York : Wiley Law Publications, 1986.
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Casper, Dale E. Public lands and public policy : Law and legislation, 1983-1988. Monticello, Ill., USA : Vance Bibliographies, 1989.
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1941-, Wilkinson Charles F., dir. Federal public land and resources law. 2e éd. Mineola, N.Y : Foundation Press, 1987.
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Coggins, George Cameron. Federal public land and resources law. 4e éd. New York : Foundation Press, 2001.
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Coggins, George Cameron. Federal public land and resources law. 5e éd. New York : Foundation Press, 2002.
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Coggins, George Cameron. Federal public land and resources law. 3e éd. Westbury, N.Y : Foundation Press, 1993.
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1941-, Coggins George Cameron, dir. Federal public land and resources law. 6e éd. New York : Foundation Press, 2007.
Trouver le texte intégralChapitres de livres sur le sujet "Public land Law"
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Brown, Marvin T. « The Sharecropper’s Story and An Ethics for Environmentalism ». Dans Library of Public Policy and Public Administration, 117–33. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-77363-2_8.
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AbstractThe progress and now the danger of American Prosperity has relied on the treatment of the Earth as “land.” The story of “lands” around the Atlantic include people viewing the Earth as “Mother,” as “sacred,” and a gift, and as a thing. While the English Common Law treated land as property, the Latin/Roman view saw land as having a “social function.” This view seems implicit in the decision of freed Blacks after the Civil War to choose sharecropping over wages. They believed that “the tillers of the soil should be guaranteed possession of the land” (from the Creed of the Southern Tenant Farmers’ Union). Returning to the sharecroppers’ desire opens the possibility of changing the current course of history by taking reciprocity or “balanced social relations” as our guiding star. Balancing social relations would entail reparations of unbalanced relations and sharing a city’s land wealth with all the city’s inhabitants.
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Lee, Ming-Chih. « Public-interest requirements of zone expropriation in Taiwan* ». Dans Land Law and Disputes in Asia, 115–27. London : Routledge, 2021. http://dx.doi.org/10.4324/9781003170600-9.
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Hassan, Abdul. « Land acquisition for public purpose under Fiji Law ». Dans Routledge Handbook of Contemporary Issues in Expropriation, 247–61. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018. : Routledge, 2018. http://dx.doi.org/10.1201/9781315749167-12.
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Oellers-Frahm, Karin, et Andreas Zimmermann. « Case Concerning Sovereignty over Certain Frontier Land (Belgium/Netherlands), Special Agreement of March 7, 1957 ». Dans Dispute Settlement in Public International Law, 2077–78. Berlin, Heidelberg : Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_110.
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Oellers-Frahm, Karin, et Andreas Zimmermann. « Land, Island and Maritime Frontier Dispute (El Salvador/Honduras), Special Agreement of December 11, 1986 ». Dans Dispute Settlement in Public International Law, 2094–96. Berlin, Heidelberg : Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_116.
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Beaman, Lori G. « A Christian nation and the land of the free ». Dans The Transition of Religion to Culture in Law and Public Discourse, 91–125. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series : ICLARS series on law and religion : Routledge, 2020. http://dx.doi.org/10.4324/9781003007319-4.
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Aminaka, Akiyo. « Politics of Land Resource Management in Mozambique ». Dans African Land Reform Under Economic Liberalisation, 111–35. Singapore : Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-4725-3_6.
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AbstractMozambique's 1997 Land Law was praised by international donors and the country’s own civil society for its democratic and open drafting process. The process included public hearings throughout the country and the recognition of customary law. However, once it became operational, there were many instances of so-called land grabbing. This chapter argues that the reason for this lies in the political operation of the law rather than in the technicalities of its application. This chapter aims to explore the political dynamics in Mozambique that distort the implementation of the Land Law of 1997. The land law in Mozambique was developed with the technical support of international donors, and the government of Mozambique followed these external trends in the expectation of receiving financial support and private investment while it also reflected the axis of conflictin Mozambique's domestic politics. The case studies show that the operation of land law has resulted in the emergence of party-political oppositional axes in rural areas. These facts suggest that the specific political environment strongly influences the process of law-making and implementation. Mozambique's political environment is an obstacle to achieving the law's original objectives of establishing rights to land resources and social stability.
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Fukui, Hideo. « Real Estate and the Legal System of Japan ». Dans New Frontiers in Regional Science : Asian Perspectives, 3–7. Singapore : Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8848-8_1.
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AbstractIn Part I, entitled Real Estate and the Legal System, we analyze owner-unknown land issues, land acquisitions, and real estate auctions.The use and value of real estate such as land and buildings are significantly affected by public laws and regulations related to urban planning and construction, the environment, and taxation; for example, contract laws such as the Act on Land and Building Leases; private laws regulating torts, collateral enforcement, and so on; tax laws that regulate transfer taxes, ownership taxes, and transaction taxes; and regulations surrounding land use and urban infrastructure development. This paper discusses, therefore, the relationships between these laws and real estate, identifies problems in the laws associated with real estate in Japan, and proposes improvements.First, in recent years, owner-unknown land issues have become a serious concern in Japan. The Japanese registry does not always reflect the actual rightful owner, primarily because such registration is only a perfection requirement in civil law and registration involves a great deal of time and money. For example, because a large extent of land is registered to owners from nearly 100 years ago, it has changed hands many times through inheritance, which means that today, it is extremely difficult to determine the actual owner (inheritor) without spending a great deal of time and money. However, if the profits to be obtained from the land do not justify such expense, the land remains unused as “owner-unknown land.”Buying and selling land under Japanese civil law requires an agreement from all landowners including in the case of shared ownerships; therefore, even if the land has high returns, if it is “owner-unknown land,” it cannot be used effectively. With a focus on unknown-owner land, in this section, four writers provide multifaceted perspectives on the causes thereof, the defects in the current system, and the possible solutions.Eminent domain, the system which allows the acquisition of land against the land owner’s will for public projects, is widely institutionalized in many countries. It works to mitigate the owner-unknown land issues as far as lands are acquired by public projects.Further, real estate auctions are often held when liens are placed on land and/or residences for housing loan defaults. The Japanese civil auction system, which was institutionalized at the end of the nineteenth century, stipulates that a tenancy that is behind on a mortgage may resist a purchase unconditionally as long as the mortgage default period is within 3 years (short-term lease protection system/former Civil Code Article 395). This system was intended to avoid the unstable use of mortgaged properties and to promote the effective use of real estate; however, because the majority of users and the beneficiaries of this system were in fact anti-social groups, it was used to demand money unjustly from debtors and buyers, thus preventing the effective use of the mortgaged properties.When the protection of short-term leases was abolished in 2004, these types of interferences are said to have decreased drastically. However, successful bids for auctioned real estate properties continue to be lower than in general transactions. Therefore, here, we provide a quantitative analysis of these situations and propose further auction system improvements.Below, we introduce the outlines of each theory in Part I.
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Mohamed-Katerere, Jennifer Clare. « Mutually-Reinforcing Transgressions of Justice in Large Scale Land Acquisitions in the ‘Public Interest’ ». Dans International Yearbook of Soil Law and Policy 2020/2021, 17–45. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-96347-7_2.
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Trask, Brandon. « Standard Concerns : An Examination of Public Interest Considerations with Respect to Prosecutions of Environmental Advocates and Indigenous Land Defenders ». Dans Green Criminology and the Law, 19–38. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-82412-9_2.
Texte intégralActes de conférences sur le sujet "Public land Law"
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Sakharova, Yulia, et Anzhelika Molodkova. « CERTAIN TYPES OF LAND TRANSACTIONS ». Dans MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.50.
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Qiongli, Ma. « Study on Law Violations concerning Facility Agricultural Land in Yunnan Province ». Dans Fifth International Conference on Public Management : International Collaboration for Innovated Public Governance (ICPM 2018). Paris, France : Atlantis Press, 2018. http://dx.doi.org/10.2991/icpm-18.2018.51.
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Mustakimov, Nail. « WAYS TO PROTECT THE RIGHTS OF OWNERS OF LAND USERS, LANDOWNERS AND TENANTS OF LAND PLOTS IN THE FIELD OF ENTREPRENEURSHIP ». Dans MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.40.
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Polyanskaya, Natalya. « CURRENT PROBLEMS IN THE FIELD OF LAND AND PROPERTY RELATIONS ». Dans MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.46.
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Ma, Qiongli. « Study on Land Law Enforcement Agency Team Building in Underdeveloped West China ». Dans 2016 International Conference on Public Management. Paris, France : Atlantis Press, 2016. http://dx.doi.org/10.2991/icpm-16.2016.57.
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Kovalenko, Julia. « PROBLEMS AND THE DEVELOPMENT PROSPECTS FOR THE MEETINGS INSTITUTION DECISIONS OF THE CO-OWNERS OF AGRICULTURAL LAND ». Dans MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.31.
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Susilo, Sri Herowanti. « Reclamation as Land Procurement Efforts for Development for Public Interest ». Dans The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.350.
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Wardhani, Dwi, Faisal Santiago et Evita Israhadi. « Law Renewal on the Process of Leftover Land Compensation in Land Aquisition for Construction in Public Necessity ». Dans Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.12-11-2022.2327302.
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Susilo, Sri. « Reclaimed Land in Relation to Land Acquisition for Development in The Public Interest (Law Number 2 of 2012) ». Dans Proceedings of the First International Conference of Science, Engineering and Technology, ICSET 2019, November 23 2019, Jakarta, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.23-11-2019.2301594.
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Mahfud, Muh, Ani Purwanti et Dyah Wijaningsih. « A Critical Appraisal of Agricultural Land Conversion for Land Procurement for the Public Interest and National Strategic Projects ». Dans Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.27-7-2022.2326266.
Texte intégralRapports d'organisations sur le sujet "Public land Law"
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius et al. Law and Policy Resource Guide : A Survey of Eminent Domain Law in Texas and the Nation. Sous la direction de Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.
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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Bolton, Laura. Criminal Activity and Deforestation in Latin America. Institute of Development Studies (IDS), décembre 2020. http://dx.doi.org/10.19088/k4d.2021.003.
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This review examines evidence on criminal deforestation activity in Latin America (particularly, but not exclusively the Amazon) and draws from the literature on the lessons learned in combatting criminal deforestation activity. This review focuses on Brazil as representative of the overwhelming majority of literature on criminal activity in relation to deforestation in the Amazon. The literature notes that Illegal deforestation occurs largely through criminal networks as they have the capacity for coordination, processing, selling, and the deployment of armed men to protect operations. Bribery, corruption, and fraud are deeply ingrained in deforestation. Networks may bribe geoprocessing experts, police, and public officials. Members of the criminal groups may become council members, mayors, and state representatives. Land titles are fabricated and trading documentation fraudulent. The literature also notes some interventions to combat this criminal deforestation activity: monitoring and law enforcement; national systems for registry and monitoring; legal enforcement for compliance of environmental law; International agreements and action; and Involving indigenous communities in combatting deforestation.
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Jones, David, Roy Cook, John Sovell, Matt Ley, Hannah Shepler, David Weinzimmer et Carlos Linares. Natural resource condition assessment : Lincoln Boyhood National Memorial. National Park Service, 2024. http://dx.doi.org/10.36967/2301822.
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The National Park Service (NPS) Natural Resource Condition Assessment (NRCA) Program administered by the NPS Water Resources Division evaluates current conditions for important natural resources and resource indicators using primarily existing information and data. NRCAs also report on trends in resource condition, when possible, identify critical data gaps, and characterize a general level of confidence for study findings. This NRCA complements previous scientific endeavors, is multi-disciplinary in scope, employs a hierarchical indicator framework, identifies and develops reference conditions/values for comparison against current conditions, and emphasizes spatial evaluation of conditions where possible. Lincoln Boyhood National Memorial (LIBO) was authorized by an act of Congress on February 19, 1962, (Public Law 87-407) to preserve the site associated with the boyhood and family of President Abraham Lincoln, including a portion of the original Tom Lincoln farm and the nearby gravesite of Nancy Hanks Lincoln. The 200-acre memorial commemorates the pioneer farm where Abraham Lincoln lived from the age of 7 to 21. The NRCA for LIBO employed a scoping process involving Colorado State University, LIBO and other NPS staffs to establish the NRCA framework, identify important park resources, and gather existing information and data. Indicators and measures for each resource were then identified and evaluated. Data and information were analyzed and synthesized to provide summaries and address condition, trend and confidence using a standardized but flexible framework. A total of nine focal resources were examined: four addressing system and human dimensions, one addressing chemical and physical attributes, and four addressing biological attributes. The quality and currentness of data used for the evaluation varied by resource. Landscape context ? system and human dimensions included land cover and land use, natural night skies, soundscape, and climate change. Climate change and land cover/land use were not assigned a condition or trend?they provide important context to the memorial and many natural resources and can be stressors. Some of the land cover and land use-related stressors at LIBO and in the larger region are related to the development of rural land and increases in population/housing over time. The trend in land development, coupled with the lack of significantly sized and linked protected areas, presents significant challenges to the conservation of natural resources of LIBO to also include natural night skies, natural sounds and scenery. Climate change is happening and is affecting resources, but is not considered good or bad per se. The information synthesized in that section is useful in examining potential trends in the vulnerability of sensitive resources and broad habitat types such as forests. Night skies and soundscapes, significantly altered by disturbance due to traffic, development and urbanization, warrant significant and moderate concern, respectively, and appear to be in decline. Air quality was the sole resource supporting chemical and physical environment at the memorial. The condition of air quality can affect human dimensions of the park such as visibility and scenery as well as biological components such as the effect of ozone levels on vegetation health. Air quality warrants significant concern and is largely impacted by historical and current land uses outside the memorial boundary. The floral biological component was examined by assessing native species composition, Mean Coefficient of Conservation, Floristic Quality Assessment Index, invasive exotic plants, forest pests and disease, and forest vulnerability to climate change. Vegetation resources at LIBO have been influenced by historical land uses that have changed the species composition and age structure of these communities. Although large tracts of forests can be found surrounding the park, the majority of forested areas are fragmented, and few areas within and around LIBO exhibit late-successional or old-growth characteristics. Vegetation communities at LIBO have a long history of being impacted by a variety of stressors and threats including noxious and invasive weeds, diseases and insect pests; compounding effects of climate change, air pollution, acid rain/atmospheric chemistry, and past land uses; and impacts associated with overabundant white-tail deer populations. These stressors and threats have collectively shaped and continue to impact plant community condition and ecological succession. The sole metric in good condition was native species composition, while all other indicators and metrics warranted either moderate or significant concern. The faunal biological components examined included birds, herptiles, and mammals. Birds (unchanging trend) and herptiles (no trend determined) warrant moderate concern, while mammal populations warrant significant concern (no trend determined). The confidence of both herptiles and mammals was low due to length of time since data were last collected. Current forest structure within and surrounding LIBO generally reflects the historical overstory composition but changes in the hardwood forest at LIBO and the surrounding area have resulted in declines in the avian fauna of the region since the 1970s. The decline in woodland bird populations has been caused by multiple factors including the conversion of hardwood forest to other land cover types, habitat fragmentation, and increasing human population growth. The identification of data gaps during the course of the assessment is an important NRCA outcome. Resource-specific details are presented in each resource section. In some cases, significant data gaps contributed to the resource not being evaluated or low confidence in the condition or trend being assigned to a resource. Primary data gaps and uncertainties encountered were lack of recent survey data, uncertainties regarding reference conditions, availability of consistent long-term data, and the need for more robust or sensitive sampling designs. Impacts associated with development outside the park will continue to stress some resources. Regionally, the direct and indirect effects of climate change are likely but specific outcomes are uncertain. Nonetheless, within the past several decades, some progress has been made toward restoring the quality of natural resources within the park, most notably the forested environments. Regional and park-specific mitigation and adaptation strategies are needed to maintain or improve the condition of some resources over time. Success will require acknowledging a ?dynamic change context? that manages widespread and volatile problems while confronting uncertainties, managing natural and cultural resources simultaneously and interdependently, developing disciplinary and interdisciplinary knowledge, and establishing connectivity across broad landscapes beyond park borders.
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Canto, Patricia, dir. Ongizatea helburu duen lehiakortasuna : desgaitasuna duten pertsonen gizarte eta lanerako inklusiorako euskal ereduaren ekarpena. Universidad de Deusto, 2023. http://dx.doi.org/10.18543/tylj9428.
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Desgaitasuna duten Pertsonentzako Euskal Autonomia Erkidegoko Gizarte eta Lanerako Inklusio Eredua duela 40 urte baino gehiago hasi zen garatzen. Balio, tresna, jarduera eta baliabideen sistema partekatua da, Euskal Autonomia Erkidegoan desgaitasuna duten pertsonen inklusioa bultzatzeko. Hala ere, ziurgabetasunezko testuinguru globalak; inklusioaren “olatuak”; eta hiru trantsizio jasangarriek ekarriko dituzten erronkek eta aukerek behar-beharrezko egiten dute lurraldeko eragile publiko eta pribatuen artean ikuspegi partekatu bat eraikitzea landu behar diren erronken inguruan, Ereduak Euskal Autonomia Erkidegoan ongizatea helburu duen lehiakortasunari laguntzen jarraitzea nahi badugu. Lan hau eragile publiko eta pribatuen arteko elkarrizketarako oinarri gisa planteatzen da, eta hainbat ekintza identifikatzen ditu. Gainera, funtsezko rola ematen dio EHLABE-Euskal Herriko Lan Babestuaren Elkarteari, abian jarri nahi diren prozesuak bideratzeko.
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Nyirakamana, Colette, Vanessa van den Boogaard et Warsame Ahmed. Land and Property Taxation to Finance Urban Development in Somaliland : Challenges and Prospects for Reform. Institute of Development Studies, août 2024. http://dx.doi.org/10.19088/ictd.2024.083.
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Despite significant economic growth, particularly in the construction sector, Somaliland faces substantial public infrastructure deficits, which hinder further economic progress and increase business costs. Critical infrastructure needs and the low base of essential public goods provision highlight the need for the government to establish stronger fiscal foundations, particularly at the local level in urban areas. While government revenue collection is low, property and land taxes represent a significant opportunity to raise local government revenue and contribute to sustainable urban development. This report examines land and property tax systems in Somaliland’s urban municipalities and focuses on the key challenges and reform opportunities to enhance revenue generation. Drawing on reform experiences from other sub-Saharan African cities, the analysis highlights strategies for effective property and land taxation in Somaliland. Emphasising the need for strong political commitment to achieve these reforms, it suggests a way forward for the implementation of progressive tax reform to finance critical urban development and set the foundations for the ambitions of the nation.
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Ayala, David, Ashley Graves, Colton Lauer, Henrik Strand, Chad Taylor, Kyle Weldon et Ryan Wood. Flooding Events Post Hurricane Harvey : Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Sous la direction de Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, septembre 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.
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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now become a major concern for Texas citizens and its elected officials. Law suits have now been instituted against the federal government for its operation of two flood control reservoirs, as well as against the San Jacinto River Authority for its operation of a water supply reservoir. Moreover, the issues and concerns have been placed on the agenda of a number of committees preparing for the 2019 Texas legislative session. This report reviews current dam and reservoir operations in Texas and examines the potential liability that such operators may face for actions and decisions taken in response to storm and flooding events. In Section III, the report reviews dam gate operations and differentiates between water supply reservoirs and flood control reservoirs. It also considers pre-release options and explains why such actions are disfavored and not recommended. In Section IV, the report evaluates liabilities and defenses applicable to dam and reservoir operators. It explains how governmental immunity can limit the exposure of state and federally-run facilities to claims seeking monetary damages. It also discusses how such entities could be subject to claims of inverse condemnation, which generally are not subject to governmental immunity, under Texas law as well as under the Fifth Amendment to the U.S. Constitution. In addition, the Section discusses negligence and nuisance claims and concludes that plaintiffs asserting either or both of these claims will have difficulty presenting successful arguments for flooding-related damage and harm against operators who act reasonably in the face of storm-related precipitation. Finally, Section V offers recommendations that dam and reservoir operators might pursue in order to engage and educate the public and thereby reduce the potential for disputes and litigation. Specifically, the report highlights the need for expanded community outreach efforts to engage with municipalities, private land owners, and the business community in flood-prone neighborhoods both below and above a dam. It also recommends implementation of proactive flood notification procedures as a way of reaching and alerting as many people as possible of potential and imminent flooding events. Finally, the report proposes implementation of a dispute prevention and minimization mechanism and offers recommendations for the design and execution of such a program.
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Wong Barrantes, Rudy, et Miguel Palomino Bonilla. Housing Finance in Peru : What Is Holding It Back ? Inter-American Development Bank, novembre 2011. http://dx.doi.org/10.18235/0008966.
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Housing for most Peruvians is improving but is still grossly inadequate. Nonetheless, public housing finance policies mainly involve programs that subsidize middle-income families and banks that lend to them. Research summarized in this paper indicates that financing will not be the main obstacle to improving housing conditions in Peru and that public sector efforts would be better aimed at dealing with issues where significant externalities and institutional restrictions limit market development. Thus, public sector efforts and funds could temporarily support the development of: i) cheaper construction techniques and materials, ii) lower-cost credit technologies for low-income housing credits and iii) increasing the availability of adequately enabled land for large-scale low income housing projects.
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Thiemermann, Andre, et Florian Groß. Identification of logistics land and examination of location patterns – the Rhineland metropolitan region case. Preprint, 2024. http://dx.doi.org/10.26128/2024.18.
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In Germany identification of logistics land is done rarely, among other things due to anonymization of employment and building data. The paper at hands presents a method for identifying logistics land based on publicly available data, in order to present an image of the existing spatial structure of logistics land. Identified spatial hotspots are mostly located in Metropolises/Regiopolises and their suburbs, along highways in areas with flat relief and in vicinity to large inland teminals/inland harbours. Correlation analyses show, that the area of identified logistics land shows only weak but significant correlations with other variables. In order to identify possible existing types of logistics hotspots, a cluster analysis is carried out for the identified logistics hotspots. The formation of the resulting three clusters is mainly driven by the existing logistics employment and company structure, the accessibility (e. g. of inland terminals) and population density. A comparison of the identified clusters with the remaining potential logistics land shows that extensive land reserves are only available in the low-density sururbs and rural areas cluster. Thus, the appearance of logistics sprawl is therefore to be expected solely due this reason.
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Cheeseman, Kathryn. Disaster Preparedness in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). Institute of Development Studies, juillet 2024. http://dx.doi.org/10.19088/k4dd.2024.030.
Texte intégralRésumé :
Climate change is expected to increase extreme weather events in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), enhancing exposure to storms, heatwaves, and droughts. Preparedness is hindered by low climate change literacy and day-to-day insecurity. Key issues include ongoing land rights disputes, conflict, and economic vulnerabilities. Impacts include increased displacement, reduced crop yields, food insecurity, and environmental degradation. Effective disaster preparedness in BARMM requires addressing these intersecting vulnerabilities, improving adaptive strategies, and enhancing public awareness and social protection mechanisms.
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Adsit, Sarah E., Theodora Konstantinou, Konstantina Gkritza et Jon D. Fricker. Public Acceptance of INDOT’s Traffic Engineering Treatments and Services. Purdue University, 2021. http://dx.doi.org/10.5703/1288284317280.
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As a public agency, interacting with and understanding the public’s perspective regarding agency activities is an important endeavor for the Indiana Department of Transportation (INDOT). Although INDOT conducts a biennial customer satisfaction survey, it is occasionally necessary to capture public perception regarding more specific aspects of INDOT’s activities. In particular, INDOT needs an effective way to measure and track public opinions and awareness or understanding of a select set of its traffic engineering practices. To evaluate public acceptance of specific INDOT traffic engineering activities, a survey consisting of 1.000 adults residing within the State of Indiana was conducted. The survey population was representative in terms of age and gender of the state as of the 2010 U.S. Census. The survey was administered during the months of July and August 2020. Public awareness regarding emerging treatments not currently implemented in Indiana is low and opposition to the same new technologies is prominent. Older or female drivers are less likely to be aware of emerging treatments, and older drivers are more likely to oppose potential implementation of these treatments. Although roundabouts are commonplace in Indiana, multi-lane roundabouts remain controversial among the public. Regarding maintenance and protection of traffic during work zones and considering full or partial roadway closure, public preference is for partial closure; this preference is stronger in rural areas. The public equally agrees and disagrees that INDOT minimizes construction related traffic delays. Approximately 76% of Indiana drivers believe themselves to above average drivers, while an additional 23% believe themselves to be average. Driver perceptions of average highway speeds speed are not aligned with posted speed limit as the perceived average speed on Indiana’s urban freeways and rural and urban state highways is considerably higher than the actual speed limit.