In an opening vignette to an otherwise insightful article, Carol M. Rose (2003) comparespeople who hold intellectual property rights to poor villagers in India. They put effort and timeinto developing small but productive properties, only to have the wild tiger or rogue elephant ofthe public domain trample them or eat them up. In extreme cases, IP "villages" are abandonedand left to "the jungle" of public property.

Dealing with private property for public purposes : an interdisciplinary study of land transactions from a micro-scale perspective

This paper argues that Russia's choice of economic organization, which is based on the renewed role of the state, is a response to the existence of severe transaction costs, and subsequent mitigation of contractual incompleteness in the absence of a strong property rights system. Ill-defined property rights have historically hampered formation of business classes in Russia, reducing the necessity for appropriate market infrastructure.

The relationship between land ownership and the sustainable use of natural resources is examined within the context of constitutional change in Africa. Using Kenya as an example, it is demonstrated that current constitutional arrangements put excessive emphasis on the protection of private property rights without requiring the corresponding duty of ecological stewardship. This has resulted in the failure of government policies and development practices to fully integrate environmental considerations into growth strategies.

SUMMARY: Despite a centralized political system, nation-wide legal reforms, and similar high housing demand pressures, property rights have evolved differently in Vietnam’s two leading cities Hanoi and Ho Chi Minh City during the transition period. Using ethnographic fieldwork and a hedonic price model, the study shows that the two land and housing markets price tenure ambiguity differently. The different price structures indicate the importance of norms, as socially constructed by local political interests and culture, in the efficacy of land title regularization programs.

Individuals cannot privately own land in China but may obtain transferrable land-use rights for a number of years for a fee. Currently, the maximum term for urban land-use rights granted for residential purposes is seventy years. In addition, individuals can privately own residential houses and apartments on the land (“home ownership”), although not the land on which the buildings are situated.

The state owns over 80% of the land in Sri Lanka. The remainder is owned by private parties. Under the State Lands Encroachments Ordinance, all waste lands, forest lands, unoccupied and uncultivated lands are presumed to belong to the state until the contrary is proved (section 7) and all cinnamon land which have been uninterruptedly possessed by the state for over 30 years are held and deemed to belong to the state (section 6).

The land privatization process in Mongolia mainly concerns residential land. The process is considered to perform slowly. The deadline for free allocation of residential land was extended from 2005 to 2013. Still, the number of families that have acquired private landownership during that period is low. This paper aims to take a closer look at the operational process in Ulaanbaatar. The paper finds that, when citizens apply, in a majority of cases the legal deadline to be granted a land-ownership right is actually met.

Understanding stakeholder power relations—such as between land sellers, land buyers, and local governments—is crucial to understanding Land Value Capture (LVC). While scholars have focused on stakeholder relationships through approaches such as stakeholder salience, stakeholder interaction, stakeholder value network, and stakeholder multiplicity, much research either places insufficient focus on power or only stresses partial attributes of power. As a result, the role of power relations among key stakeholders in LVC remains insufficiently explored.

Brazil has, on the one hand, strong institutions in various areas, improved social situation and, on the other, the rural land situation is still very precarious, with basic unresolved questions, such as for example, knowledge of what is public and private land, due to the absence of cadaster. The legislation moved forward in an attempt to link the cadasters of INCRA, the Internal Revenue Service, with information from the Registry of Real Estate with the enactment of Law No. 10,267 / 2001, creating the National Register of Rural Properties – CNIR.

This report is the first in a series of three on issues related to theft of state and private lands by private individuals, armed groups, communities, the government and the state. This report, which provides the foundation for the subsequent reports, is issued separately and stands alone as a summary of the basic legal framework for land administration and management (A&M) in Afghanistan.