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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

Open Access
Article
Publication date: 27 July 2020

Kai Liu

What is the relation between the land system with Chinese characteristics and the country's high-speed economic growth in the past decades? There is a lack of rigorous academic…

2419

Abstract

Purpose

What is the relation between the land system with Chinese characteristics and the country's high-speed economic growth in the past decades? There is a lack of rigorous academic research based on the general equilibrium theory of macroeconomics on this issue.

Design/methodology/approach

By building a multisector dynamic general equilibrium framework with land system, this paper explores how the land supply mode with Chinese characteristics affects China's economic growth as well as its transmission mechanism.

Findings

This paper confirms the importance of land system with Chinese characteristics in explaining the mystery of China's high-speed economic growth. Counterfactual analysis shows that if China adopts a land system similar to that of other developing countries, GDP will drop 36% from the current level under the baseline model.

Originality/value

As the industrial sector shrinks relatively and the output elasticity of infrastructure decreases, this inhibitory effect will become more apparent. China should improve its land supply mode, especially expand the supply of commercial and residential land and reduce the cost of land in the service sector. This can promote better economic development in the future and thus improve household welfare and the structure of aggregate demand, replace “land-based public finance” and thus inhibit the “high leverage” risks of local governments.

Details

China Political Economy, vol. 3 no. 1
Type: Research Article
ISSN: 2516-1652

Keywords

Article
Publication date: 31 January 2020

Aleksey Anisimov, Anatoliy Ryzhenkov and Elena Menis

This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.

Abstract

Purpose

This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.

Design/methodology/approach

Dialectical method, historical method and system analysis method have been used.

Findings

The authors consistently prove the inadmissibility of applying acquisitive prescription to land plots in private, state or municipal ownership. One of the features of Russia as an emerging market economy is that, the major part of state lands is in so-called “non-delineated state ownership.” Plots included in such lands are not registered in the cadaster or transferred to particular public owners. That is why, the authors prove that the procedure of acquisitive prescription must be applied only in relation to land plots that are in non-delineated state ownership and have been occupied by citizens and legal entities for 15 years.

Originality/value

The authors propose new guarantees of the rights of private and public land owners. Clarification of the scope of the acquisitive prescription procedure will streamline the turnover of real estate in Russia.

Details

Journal of Property, Planning and Environmental Law, vol. 12 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 28 February 2019

Aleksey Pavlovich Anisimov and Anatoliy Jakovlevich Ryzhenkov

This paper aims to substantiate the existence of the form of ownership of natural resources (land) in the Russian law, unknown to European legal systems.

Abstract

Purpose

This paper aims to substantiate the existence of the form of ownership of natural resources (land) in the Russian law, unknown to European legal systems.

Design/methodology/approach

Dialectical method, historical method and system analysis method have been used.

Findings

The conducted research allows drawing a conclusion that non-delineated state form of ownership of land plots is a unique legal phenomenon caused by the specificity of the transition period of Russia from a totally state economy to a market economy. This inevitably leads to emergence of legal structures unknown to European systems of law and order. This issue has not only a theoretical but also practical nature.

Originality/value

Studies of this problem have never been conducted, neither in Russia nor in European legal science.

Details

Journal of Property, Planning and Environmental Law, vol. 11 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 5 October 2010

Xiaojing Qin

The purpose of this paper is to critically review the process of urban land ownership reform in China. It seeks to illustrate how the detachment of the concept of land ownership

506

Abstract

Purpose

The purpose of this paper is to critically review the process of urban land ownership reform in China. It seeks to illustrate how the detachment of the concept of land ownership from its significance in a planned socialist state has contributed to the development of a real estate sector, and how the concept of land ownership should now be regarded in the new era of marketization. In particular, it focuses on the widespread influences of political forces in these processes.

Design/methodology/approach

The paper analyses relevant legislation enacted within the People's Republic of China. This analysis is undertaken within the context of the social, political and economic changes that have occurred within the country during the period under consideration.

Findings

Two findings emerge from the study. First, an economic‐based notion of land ownership has evolved in China as a consequence of the economic and social changes accompanying the process of economic liberalisation. This reflects the elimination of political forces in defining land values in the new era. Second, however, the involvement of political power in the process of land asset distribution is shown to have led to market distortion. This may, in turn, lead to market failure and social conflict. For the development of a healthy real estate market, the influences of these political forces should, therefore, be restricted through a process of ongoing reforms.

Originality/value

The paper presents a detailed analysis of the impact of political forces on the changed patterns of land allocation in transitional China. The country's unique social background and system of land tenure have not previously been subjected to detailed scholarly attention. The research published in this paper suggests further possibilities for China's continuing system of land ownership reform and also contributes to a redefinition of the concept of land ownership in the new era of marketization and globalization.

Details

International Journal of Law in the Built Environment, vol. 2 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Open Access
Article
Publication date: 28 July 2020

Ge Yang and Shutian Cen

Over the past 20 years, China's infrastructure has developed at an extraordinary speed. The current literature mainly focuses on the effects of political incentives on the…

Abstract

Purpose

Over the past 20 years, China's infrastructure has developed at an extraordinary speed. The current literature mainly focuses on the effects of political incentives on the infrastructure. However, this paper indicates that the structural change of China's land regime is an important clue and that the supernormal development of China's infrastructure is an explicable result for that.

Design/methodology/approach

This paper theoretically proves that in a politically centralized and economically decentralized economic entity with a public land-ownership regime, the self-financing mechanism formed by local officials through regulation of the land-grant price is the primary factor that influences the optimal supply volume of infrastructure in a region, in addition to political and economic incentives, and whether the self-financing mechanism can be formed or not depends on the structure of a country's land regime, which can help to explain the difference between the development of infrastructure in China and that in other developing countries from a theoretical angle.

Findings

The paper suggests that the mode is facing an important transformation toward land reform and new-type urbanization construction, and the replication and promotion of China's experience in infrastructure construction are of further significance under the Belt and Road Initiative as it provides a method for helping developing countries to eliminate infrastructure bottlenecks.

Originality/value

Through the test of multinational panel data, the paper indicates that the structural change of China's land regime around 1990 had an overall effect on the supernormal development of infrastructure in China. The paper indicates that the “land-based development mode” of China's infrastructure indeed contributed to the supernormal development of infrastructure in China, but there are still some shortcomings in this mode.

Details

China Political Economy, vol. 3 no. 1
Type: Research Article
ISSN: 2516-1652

Keywords

Article
Publication date: 1 December 1995

Lawrence Wai Chung Lai

Is China′s “land use rights” legislation whichdistinguishes transferable “land use rights” and inalienable“land ownership”, a novel concept unknown to human kindbefore, or a…

1449

Abstract

Is China′s “land use rights” legislation which distinguishes transferable “land use rights” and inalienable “land ownership”, a novel concept unknown to human kind before, or a pragmatic reversion to the private property rights system abolished by the communist revolution? Advocates the view that the latter is a more correct interpretation. As part of a “going capitalist” economic reform programme, such a reversion is manifested in the legal recognition of the leasehold tenure after the “responsibility system” in privatizing agricultural production had proved to be successful. As the development of private property rights is a prelude to market transactions, the Chinese land use rights reform should be conducive to the success of the economic liberalization policy of China, provided that there is a contemporaneous advance in the development of the rule of law and technical know‐how, such as valuation and land surveying.

Details

Property Management, vol. 13 no. 4
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 9 March 2020

Edward Mitchell

The compulsory purchase of land forms the subject of much legal and urban regeneration research. However, there has been little examination of the contractual arrangements between…

Abstract

Purpose

The compulsory purchase of land forms the subject of much legal and urban regeneration research. However, there has been little examination of the contractual arrangements between local authorities and private sector property developers that often underpin the compulsory purchase process. This paper aims to examine local authority/private developer contractual behaviour in this context.

Design/methodology/approach

An empirical examination of property development contracts made for the “Silver Hill” project in Winchester, a small city in southern England, and the Brent Cross shopping centre extension in north London. Drawing on Macneil’s (1983) relational contract theory, the paper analyses key contract terms and reviews local authority documentation related to the implementation of those terms.

Findings

The contracts had two purposes as follows: to provide a development and investment opportunity through the compulsory purchase and redistribution of private land; and to grant the private developers participating in the projects freedom to choose if they wished to take up that opportunity. While the contracts look highly “relational”, the scope for flexibility and reciprocity is both carefully planned and tightly controlled. This exposes an asymmetric power imbalance that emerges in and is rearticulated by this type of contractual arrangement.

Originality/value

The empirical analysis of contract terms and contractual behaviour provides a rare opportunity to scrutinise the local authority-private developer relationship underpinning both property development practice and compulsory purchase.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Expert briefing
Publication date: 29 June 2015

State land ownership and the implications for development in China.

Details

DOI: 10.1108/OXAN-DB200617

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 1 August 1991

Pan Shuming

This article examines Marx′s theoretical exploration of theoriental road of revolution. After three development stages of histheory of continuing revolution. Marx began to study…

Abstract

This article examines Marx′s theoretical exploration of the oriental road of revolution. After three development stages of his theory of continuing revolution. Marx began to study the problems of the oriental revolution. His exploration makes clear that the reasons for collapse of clans of various nationalities were different. There appeared a multi‐thread development of history in the background of extending genealogy by clan societies of different regions and nationalities, which embodied the different formations of social structure and the foundations of different historical development. Marx stood for distinguishing oriental village communes from the feudal society in Western Europe, thus opening the study of the theories of the historical press of oriental society. Marx opposed the theory of historical philosophy that thoroughly turns the historical summary of the origin of capitalism in Western Europe into a general development road. Under the influence of the Narodnits, Marx concentrated more attention on the transformation of a village commune economic formation. He demonstrated that the duality of the village commune did not necessarily lead to a transition from public ownership to private ownership; it could absorb all the positive results the capitalist system had obtained without passing the Caudine Forks of the capitalist system. The author points to the world history of the continuing revolution of socialism, which is determined by the world history of capitalism. In China, this problem was solved with the theories of a continuing new democratic revolution and revolutionary development phase. The grounds of productive force for carrying out the socialist revolution should be distinguished from the criteria of productive forces for the realisation of socialism. In a certain sense, the qualitative stipulation on the criteria of socialist productive forces is “anthropological” rather than “economic”.

Details

International Journal of Social Economics, vol. 18 no. 8/9/10
Type: Research Article
ISSN: 0306-8293

Keywords

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