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Article
Publication date: 6 July 2023

Abebe Hambe Talema and Wubshet Berhanu Nigusie

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

Abstract

Purpose

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

Design/methodology/approach

A mixed research technique of descriptive and analytic approach is applied in the research. This study used a purposive sampling technique to select case study counties and a systematic method for sampling households. Questionnaire surveys, focus group discussions, interviews and observations were used to collect empirical data. Average, percentage and paired-sample t-test analyses are used for quantitative data analysis.

Findings

Significant discrepancies exist between the expropriation laws and how property valuation and compensation are practiced in Ethiopia. The findings include the arbitrariness in designating public interest status to projects; unfair property valuation practice that neglects location factor to determine market value due to a skewed understanding of public ownership of land; and the assignment of property valuators who have no valuation expertise and proper knowledge of expropriation related laws. Findings revealed the socio-economic status of expropriated households has deteriorated due to the expropriation of their landholding.

Research limitations/implications

It was difficult to locate the relocated persons as they were resettled in different localities. Furthermore, the town officers were not forthcoming to provide complete information on the expropriation and compensation procedures they followed. However, this study overcame the limitations through persistent requests and availing time for the data gathering.

Practical implications

The findings indicated the need to redefine relationships between public ownership of land, public interest and expropriation of landholding. A proper understanding of the triad will pave the way for better expropriation practice in Ethiopia and in countries where land is under public ownership.

Social implications

The social implication of the study revealed that the socio-economic situation of relocated persons was adversely affected due to the poor implementation of laws.

Originality/value

The disparity between public ownership of land and the rights of citizens on landholding is misunderstood by policymakers. Research has shown for the first time the root cause for the discontent of expropriated persons in Ethiopia.

Details

Property Management, vol. 42 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 14 August 2023

Rio Erismen Armen, Engku Rabiah Adawiah Engku Ali and Gemala Dewi

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government…

Abstract

Purpose

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.

Design/methodology/approach

The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.

Findings

The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.

Research limitations/implications

The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.

Originality/value

This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.

Details

International Journal of Law and Management, vol. 65 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 November 2023

Embial Asmamaw Aschale and Habtamu Bishaw Asres

The purpose of this paper is to examine expropriation, valuation, compensation and rehabilitation practices and their impacts on expropriated households.

Abstract

Purpose

The purpose of this paper is to examine expropriation, valuation, compensation and rehabilitation practices and their impacts on expropriated households.

Design/methodology/approach

This study employed a mixed research approach. The target populations of the study were expropriated households in Debre Markos City from 2019 to 2022. The study uses purposive and systematic random sampling techniques. The data were analyzed using descriptive statistics, narration and thematic clustering.

Findings

The findings of this study revealed that the expropriation process was not participatory and the right holders were not treated as what is expected. It is further found that economic losses, moral damage and social disturbance payments were not considered in the compensation package. The displacement compensation given was also inadequate and sometimes delayed and the time value of money was not taken into account for delayed payments. This creates social and economic problems. The rehabilitation and resettlement program was inadequate and ineffective. The expropriation, valuation, compensation and rehabilitation practice in general lack transparency and accountability.

Practical implications

To ensure efficient and effective expropriation, valuation and compensation, there should be a well-organized government system that provides an accurate valuation on the one hand and restores the livelihood of the displaced on the other.

Originality/value

This paper is the first on expropriation, valuation, compensation and rehabilitation within the framework of transparency, accountability, effective rehabilitation and resettlement and institutional arrangements to ensure the sustainable livelihoods of affected households.

Details

Property Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 23 September 2022

Visar Hoxha and Veli Lecaj

The purpose of this paper is to highlight the regulatory barriers to achieving sustainable buildings in Kosovo. The present paper focuses on regulatory barriers viewed from the…

Abstract

Purpose

The purpose of this paper is to highlight the regulatory barriers to achieving sustainable buildings in Kosovo. The present paper focuses on regulatory barriers viewed from the perspective of construction industry experts in achieving sustainable buildings.

Design/methodology/approach

The present study uses a qualitative research method and semi-structured interviews as a research instrument. The present study interviews around 20 experts in construction and property management, property development, spatial planning and energy management.

Findings

The study finds that Kosovo building laws and regulations provide for the materials assessment criteria, but the materials assessment criteria are only for mechanic strength. The study further finds that the sustainability concept is not included and incorporated in Kosovo's urban planning laws and regulations. The study also finds that despite specific clauses mentioning energy performance certificates in the Law on Energy Performance of Buildings in Kosovo, energy performance certificates appears to be not enforced and the nature of the barrier is more organizational rather than regulatory. Finally, the study finds that Kosovo laws are silent as far as green labeling of building materials is concerned.

Practical implications

The implication of the present finding is that policymakers in Kosovo not only should include clear sustainable materials assessment criteria in the law, but also enforce those criteria through testing and inspection mechanisms included in the law and implemented in practice through funding and organizational support. Nonetheless, policymakers in Kosovo should contemplate amending the urban planning laws in Kosovo and include both the term of sustainability at the planning level and conformity guidelines for sustainable design that can be done at the administrative directive level. Further, the clauses in the law do not suffice if the clauses are not accompanied by specific systemic and organizational support in the issuance of energy performance certificates. Policymakers in Kosovo should be proactive in designing clauses that specify green labeling standards for materials; however, these labeling standards should not adversely affect the cost of construction and reduce the demand for real estate.

Originality/value

The study is the first qualitative study about the perception of construction professionals in Kosovo, regarding the regulatory barriers of sustainable buildings in Kosovo.

Details

Property Management, vol. 42 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

Book part
Publication date: 28 September 2023

Bedri Bahtiri, Gani Asllani and Simon Grima

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made…

Abstract

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made to present a short historical overview of property forms in Kosovo, especially its transformation from one kind to another in the past as a part of former Yugoslavia, during the period of the 90s and for the period of UNMIK Administration, as well as an objective reflection of the current state of the legislation of the Republic of Kosovo with concern to public property.

The authors carried out a desk review of academic literature, national and international regulation, reports provided by international institutions and other available important resources. Besides the theoretical review of international and local literature, legislation in Kosovo and other relevant documents, the chapter focusses on practical research by analysing the relevant legal property acts in Kosovo and the current situation in ownership and property rights, nidificate legal vacuum and existing weaknesses.

The legal acts in Kosovo have not sufficiently regulated state property’s status, so the question of which level of power is competent to manage state property has become an object of various interpretations.

The authors herein propose a few measures to regulate real property right with special attention to one public property.

The authors define the need to regulate property forms in Kosovo and their harmonisation, such as undertaking the proper coordinated steps to have an adequate property rights regime.

Details

Digital Transformation, Strategic Resilience, Cyber Security and Risk Management
Type: Book
ISBN: 978-1-83797-009-4

Keywords

Article
Publication date: 22 August 2022

Jordan Ferreira

The intention of this work is to generate a tool to facilitate the visualization of urban parameters, critically discussing the current form of urban planning in Brazil and thus…

Abstract

Purpose

The intention of this work is to generate a tool to facilitate the visualization of urban parameters, critically discussing the current form of urban planning in Brazil and thus facilitate popular participation in decisions, considering that since 2001, it is foreseen by law that the elaboration processes of municipal urban plans in Brazil must have popular participation in order to be legitimized.

Design/methodology/approach

The method consists of three-dimensionally modeling the constructive potential within the lots, using the parameters of the Ribeirão das Neves city master plan (State of Minas Gerais, Brazil), using computer software, to predict the impact on landscape that the parameters generate and comparing different software programs.

Findings

With the proposed tool, it became clear that many of the city's parameters alone cannot reach the guidelines of the master plan, and the comparison of two software programs generated options for different local realities. It is a methodology that is able to provide excellent support for urban planning laws in Brazil to be more effective and less delayed.

Originality/value

The software was configured with a script developed by the Geoprocessing Laboratory of a university in Brazil and was used for the first time to completely analyze a municipal master plan for the metropolitan region of Belo Horizonte, generating a tool able to be used in master plans' review.

Details

International Journal of Building Pathology and Adaptation, vol. 42 no. 2
Type: Research Article
ISSN: 2398-4708

Keywords

Book part
Publication date: 10 August 2023

Carlo S. Gutierrez

This chapter deals with family/household relevance as a stakeholder institution in rural (farm) communities. The data collection approach is qualitative. Families in Japan and the…

Abstract

This chapter deals with family/household relevance as a stakeholder institution in rural (farm) communities. The data collection approach is qualitative. Families in Japan and the Philippines’ rice-cultivating communities were the subjects of the study. Results revealed that households in the two sites were experiencing a unique ontological crisis vis-á-vis farming communities. The crisis pointed to the problem of farm families’ relegation as secondary stakeholders in the farming sector. Despite the struggle for survival in the farm sector, farm families were differently adaptive and enduring in dealing with the modern development – that is, selective technology adoption, farmland redefinition, struggle and resistance against farm policies, and community group accommodation, to name a few. This endurance contributes to farm family persistence as a relevant institution in Japan and the Philippines.

Details

Resilience and Familism: The Dynamic Nature of Families in the Philippines
Type: Book
ISBN: 978-1-80455-414-2

Keywords

Article
Publication date: 22 May 2023

Job Taiwo Gbadegesin, Sunday Olarinre Oladokun, Abdul-Rasheed Amidu and Alirat Olayinka Agboola

Considering the changing dimensions of client influence in the emerging sub-market in Nigeria, different from previous general insinuations, this article examines the new…

Abstract

Purpose

Considering the changing dimensions of client influence in the emerging sub-market in Nigeria, different from previous general insinuations, this article examines the new strategies adopted by clients to influence estate surveyors and valuers (ESVs), factors that predispose ESVs to client influence and the effects of clients' influence on valuation outcomes and real estate markets in emerging sub-market, using Ibadan market as the study area.

Design/methodology/approach

The paper is situated within a client influence assessment framework, modified to reflect contextual incidents. Contextualization was made possible with the involvement of both practitioners and academic researchers. Validated copies of the questionnaire were administered to the registered practicing ESVs in an intact group during their monthly state (provincial) meeting and through direct delivery at their firms. Data collected were analyzed using descriptive and inferential statistics.

Findings

Contrary to the previous studies, the authors found no significant relationship between ESV professional qualifications, the firm's staff strength and the frequency of clients' influence in valuation assignments. Hiding important information and clauses, begging, lobbying, and seeking undue favor and promises for future jobs or appointments are the influencing strategies clients employ to pressure valuer. The topmost factors are emerging sub-market and economic-induced factors, lack of due process, and adequate transparency on the parts of firms and Valuers. It was established that the new dimension of client influence leads to the mortgage valuation accuracy dilemma, discredit of professional confidence, default and financial distress, and generating mistrust in the property market.

Practical implications

The implication is the new dimension of client influence, different from the previous studies, thus calling for professional and policy attention. As real estate investment and transactions transcend globally, understanding the local sub-market condition is imperative.

Originality/value

The novelty of the paper is the exposition on the dimensions of client influence within the economy and the implication for the professional body regulatory policy.

Details

Property Management, vol. 41 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 9 November 2023

Tom Spencer

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Abstract

Purpose

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Design/methodology/approach

The purpose of this paper is to explain the inherent absurdity in the modern law of town and village greens (TVGs). The author wishes to show that the public understanding of what constitutes a green worth protecting is incomparable with how the Law currently operates, instead providing a crude vehicle to prevent development.

Findings

Applying an efficiency maximisation framework to the law of TVGs the Law fails to protect land worth protecting, as well as prevents allocatively efficient bargaining from taking place.

Research limitations/implications

This research has not presented empirical evidence to suggest the extent of the damage identified. This is a separate question to the marginal impacts of the damage.

Originality/value

A Law and Economics analysis of TVG Law in England and Wales has not been attempted before.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 12 September 2023

Abubakar Yinusa Muhammed, Waziri B. Adisa, Johnson Ayodele, Olawale James Gbadeyan and Esther Garba

Conflicts between herders and farmers in Nigeria in the last five years have been destructive to the corporate existence of Nigerian society and the Nigerian State, especially in…

Abstract

Purpose

Conflicts between herders and farmers in Nigeria in the last five years have been destructive to the corporate existence of Nigerian society and the Nigerian State, especially in Northcentral, Northwestern and Southern Nigeria. This paper aims to investigate the relationships between state responses and peace-building in rural grazing communities in Nigeria using a National Survey on Peace-building in Nigeria conducted by this team using a cross-sectional survey of 1,711 farmers and herders.

Design/methodology/approach

The study adopted the political economy of the herder–farmers conflict in Africa to contextualise the problem. Data generated from the study were analysed using chi-square test and binary logistic regression model.

Findings

The results showed that protection of victims of herder–farmers conflict (P = 0.024), blockage of sources of illicit weapons (P = 0.000), arrest of leaders (P = 0.043), provision of shelter (P = 0.030), provision of food (P = 0.037), protection of women from sexual exploitation and abuse (P = 0.019) and use of the media were positively related to peace-building in the rural grazing areas. The study further found that when the Federal Government (ß= 0.452, P = 0.018), State Government (ß= 0.522, P = 0.018), private individuals (ß = 0.855, P = 0.000) and cooperative societies (ß = 0.744, P = 0.021) established ranches, peace was likely to be guaranteed as opposed to where herders (ß= –0.355, P= 0.029) were allowed to establish ranches in the rural grazing communities in Nigeria implying that the Federal and State Government must be cautious in the implementation of the Livestock Transformation Plans not to create an impression that it is designed to favour the herders.

Originality/value

To the best of the authors’ knowledge, this study is original and the paper has not been submitted to any journal.

Details

Journal of Aggression, Conflict and Peace Research, vol. 16 no. 2
Type: Research Article
ISSN: 1759-6599

Keywords

1 – 10 of over 2000