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Book part
Publication date: 16 September 2014

Carolyn K. Lesorogol

This paper analyzes changes in property rights, land uses, and culturally based notions of ownership that have emerged following privatization of communal land in a Samburu…

Abstract

Purpose

This paper analyzes changes in property rights, land uses, and culturally based notions of ownership that have emerged following privatization of communal land in a Samburu pastoralist community in Northern Kenya. The research challenges the strict dichotomy between private and collective rights often found in property rights literature, which does not match empirical findings of overlapping and contested rights.

Design/methodology/approach

Part of a long-term ethnographic project investigating the process of land privatization and its outcomes, this paper draws on in-depth interviews and participant observation conducted by the author in Samburu County in 2008, 2009, and 2010. Interviews focused on how land is being used post-privatization as well as emerging social norms regulating its use.

Findings

Privatization privileges male household heads with powers including rental, sale, and bequeathal of land. However, informal rights to land extend to women and other household members. Exercise of legal rights is frequently limited due to knowledge and resource gaps. New rules regulating land use have emerged, some represent sharp divergences from past practice while others support shared access to land. These changes challenge Samburu cultural notions of individuality, reciprocity, and shared responsibility.

Practical implications

This research illuminates complex changes following legal shifts in property rights and demonstrates the interactions between formal laws and informal social norms and cultural beliefs about land. The result is that privatization does not have easily predictable outcomes as some theories of property would suggest.

Originality/value

Empirical investigation of the effects of legal changes enables fuller understanding of the implications of policy changes that many governments are pursuing privatization with limited understanding of the likely effects.

Details

Production, Consumption, Business and the Economy: Structural Ideals and Moral Realities
Type: Book
ISBN: 978-1-78441-055-1

Keywords

Abstract

Details

Urban Dynamics and Growth: Advances in Urban Economics
Type: Book
ISBN: 978-0-44451-481-3

Abstract

Details

Handbook of Transport Geography and Spatial Systems
Type: Book
ISBN: 978-1-615-83253-8

Abstract

Details

Urban Dynamics and Growth: Advances in Urban Economics
Type: Book
ISBN: 978-0-44451-481-3

Abstract

Details

Urban Dynamics and Growth: Advances in Urban Economics
Type: Book
ISBN: 978-0-44451-481-3

Book part
Publication date: 3 March 2022

Busari Morufu Salawu, Mujidat Olabisi Salawudeen and Maimunat Dunmade Salawudeen

This chapter appraised customary tenancy and Post COVID-19 agricultural development in Nigeria. In doing this, it discussed customary tenancy as an incident of customary tenure…

Abstract

This chapter appraised customary tenancy and Post COVID-19 agricultural development in Nigeria. In doing this, it discussed customary tenancy as an incident of customary tenure and the impact of Land Use Act 1978 in its evolutionary trend as a sustainable means of accessing land for long term agricultural business in Nigeria. The study made use of socio-legal research methodology involving doctrinal research method and an analysis of social context for information gathering. The primary source of law included the 1999 Constitution of the Federal Republic of Nigeria (as altered); the Land Use Act 1978 and related statutes as well as judicial precedents. The secondary sources included books, journal articles, conference proceedings, magazines, newspapers and the internet. The outcome of the study indicated that customary tenancy was a recognized method of accessing land for agriculture on long term basis among many ethnic groups in Nigeria, including but are not limited to Yoruba of Southwest and the Igbo of Southwest, Nigeria. That the method was predominantly used for agricultural purposes, and in agricultural communities. Third, that the Land Use Act 1978 did not stop the customary land practice, but rather recognized and encouraged its use through customary right of occupancy. Fourth, customary tenancy was found to have promoted access to land resources and reduction of tension and bitter acrimonies which could have been attendant to request for land resources in rural communities. It was recommended that efforts should be made by Governors who are trustees under the LUA to use their powers in the interest of the people and that reforms be undertaken to resolve latent contradictions in the Act. It was concluded that customary tenancy should be harnessed for sustainable Post COVID – 19 land use in Nigeria.

Details

Entrepreneurship and Post-Pandemic Future
Type: Book
ISBN: 978-1-80117-902-7

Keywords

Abstract

Details

Land Use and Transport
Type: Book
ISBN: 978-0-08-044891-6

Article
Publication date: 1 August 2023

Method Julius Gwaleba, Sophia Marcian Kongela and Wilbard Jackson Kombe

This paper aims to explore the role of participatory governance to actors’ participation in land use planning for tenure security in rural Tanzania. Three case studies where land

Abstract

Purpose

This paper aims to explore the role of participatory governance to actors’ participation in land use planning for tenure security in rural Tanzania. Three case studies where land use planning project implemented were selected to make assessment on how local actors were involved in the process.

Design/methodology/approach

This paper uses qualitative research methods, whereby semi-structured interviews with village landholders and key informants were conducted to get their perspectives on land use decisions and land tenure (in)security. Besides, focus group discussions with the village landholders were also used.

Findings

The research findings indicate low participation of local actors in land use planning process. Decisions on land use by the local actors were very minimal. Further, communication between the involved actors was also difficult.

Originality/value

The study offers insights on participatory governance into land use planning for tenure security. The study develops a framework to improve land use planning process toward tenure security outcome. A tri-partite strategy consisting of enabling mechanisms of governance capacity, institutional capacity and converging discourses articulates a framework for the evolution in the degree of local actors’ participation to improve security of land rights through land use planning process in rural Tanzania.

Details

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

Keywords

Article
Publication date: 2 November 2012

Pradeep K. Rawat, Prakash C. Tiwari and Charu C. Pant

The purpose of the study is to assess the environmental and socio‐economic impacts and risks of climate change through GIS database management system (DBMS) on land use

Abstract

Purpose

The purpose of the study is to assess the environmental and socio‐economic impacts and risks of climate change through GIS database management system (DBMS) on land use‐informatics and climate‐informatics. The Dabka watershed constitutes a part of the Kosi Basin in the Lesser Himalaya, India in district Nainital has been selected for the case illustration.

Design/methodology/approach

Land use‐informatics consists of land use mapping and change diction, i.e. decadal changes and annual changes. Climate‐informatics consists of climate change detection through daily, monthly and annual weather data for a period of 25 years.

Findings

The exercise revealed that oak and pine forests have decreased, respectively, by 25 percent (4.48 km2) and 3 percent (0.28 km2) thus bringing a decline of 4.76 km2 forest in the watershed during 1990 to 2010. But, due to climate change the mixed forest taking place of oak forest in certain pockets and consequently the mixed forest in the catchment increased by 18 percent (2.3 km2) during the same period which reduced the overall loss of forests in the region but its not eco‐friendly as the oak forest. Barren land increased 1.21 km2 (56 percent), riverbed increased 0.78 km2 (52 percent) and cultivated land increased about 0.63 km2 (3 percent) during the period of 1990 to 2010. Out of the total seven classes of the land use land cover, five classes (i.e. Oak, Pine, Mixed, Barren and Riverbed) are being changed dominantly due to climate change factor and anthropogenic factors plays a supporting role whereas only two classes (scrub land and agricultural land) are being changed dominantly by anthropogenic factors and climate change factors plays a supporting role. Expansion of mixed forest land brought out due to upslope shifting of existing forest species due to climate change factor only because upslope areas getting warmer than past with the rate of 9°C‐12°C/two decades. Consequently, the results concluded that the high rate of land use change accelerating several environmental problems such as high runoff, flash flood, river‐line flood and soil erosion during monsoon season and drought during non‐monsoon period. These environmental problems cause great loss to life and property and poses serious threat to the process of development with have far‐reaching economic and social consequences.

Originality/value

This study generated primary data on land use‐informatics and climate‐informatics to integrate each‐other for impact assessment and mitigation through sustainable land use as constitutes a part of a multidisciplinary project, Department of Science and Technology (D.S.T.) Government of India.

Details

International Journal of Climate Change Strategies and Management, vol. 4 no. 4
Type: Research Article
ISSN: 1756-8692

Keywords

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