Read e-book online Legal impediments to effective rural land relations in PDF
By Roy L. Prosterman, Timothy M. Hanstad
"Excessive focus of land possession, as is feared by way of many transition governments, has now not been a function of land markets the place they've been allowed to operate particularly freely and the place land has been allotted in sort to families and individuals." the realm financial institution has lengthy been lively within the Europe and primary Asia quarter in tracking and comparing land reform advancements and helping the improvement of land markets. financial institution efforts so far have made an important influence in our purchaser nations, and experiences produced via the financial institution were used as neutral references in this topic through either overseas enterprises and the nations themselves. This file was once built due to those efforts. It makes a speciality of: • The significant matters confronted via the transition economies of japanese Europe and the previous Soviet Union • the capability ways for resolving particular challenge matters.
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Extra resources for Legal impediments to effective rural land relations in Eastern Europe and Central Asia: a comparative perspective
Typically the same duration applies to every stick in the bundle of rights, but this is not necessarily so. Assurance, the third criterion, is a measurement of the certainty of the breadth and duration of the rights that are held. If an individual is said to possess land rights of a specific breadth and duration, but cannot exert or enforce those rights, they have no assurance. A land "right" that cannot be exerted or enforced is not a right at all. Tenure security exists where an individual with rights to land possesses key rights (including at least the right to possess land, use land, and enjoy the benefits of the land) for a duration sufficiently long to recoup the full value of investments made on the land, with enough certainty to prevent outside imposition or interference.
18 18 HERNANDO DE SOTO, THE OTHER PATH (1990). Page 8 This report will focus on specific legal impediments to reforming land tenure relations in ECA countries and on the possible changes in law that could remove those impediments. Before a discussion of the specific legal impediments and possible approaches to overcoming the impediments, a broader overview of the legal system is warranted. This section of the Introduction chapter is divided into three subsections. The first will discuss broad characteristics of any legal system that will help to further market-oriented reform policies.
A land "right" that cannot be exerted or enforced is not a right at all. Tenure security exists where an individual with rights to land possesses key rights (including at least the right to possess land, use land, and enjoy the benefits of the land) for a duration sufficiently long to recoup the full value of investments made on the land, with enough certainty to prevent outside imposition or interference. Conversely, tenure insecurity exists 6Id. at 20. 7Id. 8 Jack L. Knetsch, Land Use: Values, Controls, and Compensation, in LAW AND ECONOMIC DEVELOPMENT: CASES AND MATERIALS FROM SOUTHEAST ASIA 302 (1993).
Legal impediments to effective rural land relations in Eastern Europe and Central Asia: a comparative perspective by Roy L. Prosterman, Timothy M. Hanstad