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The Office of the Property Rights Ombudsman is a neutral, non-partisan agency that helps citizens understand and protect their rights to property … Land rights and legitimacy : three views. A key overall finding is the need for more high-quality primary research to develop the evidence base further and allow greater analysis, especially related to impact and development outcomes. Altogether, these trends present governments with significant challenges to effectively govern land tenure and property rights in a way that is socially acceptable and legitimate, and at the same time delivers inclusive economic development. Against this background, and with ever-growing pressures on land, recent years have seen a burgeoning interest in land tenure policies, approaches, and interventions designed to improve tenure security and conformity with legal norms. LTA Program Shows Benefit of Truly Participatory Approach, Mozambique: Even a Progressive Land Law Needs Revision After a Generation of Experience, Women’s Land Rights and the Problem of Polygamy: A Proposal in Ethiopia, Using Mobile Technology for First Registration of Land: Lessons Learned in Tanzania, From Land Tenure Regularisation to a Sustainable Land Register, Dialogue and Development in Ghana’s Oil and Gas Region. “Live-in relationship” in simple terms is a relationship in which both partners enjoy their individual freedom and live in a house together without being married to each other. The role of legitimacy has a different effect on a child’s inheritance rights than it once did. Latest land sector news delivered to your inbox. of water rights legitimacy claimed by local Indigenous/ ... rights were separated from land rights and trans-formed into a tradable commodity, with private prop-erty status. In marriage and family relations, women’s right to property is often subject to the authority of the husband or father Over the past two decades, the scale and complexity of the issues has generated a considerable body of literature assessing the varied objectives of tenure policies, approaches, and interventions, including their impact on access to formal credit, access to public services, levels of domestic investment, gender equity, and both de jure and de facto tenure security. Answer: What counts as a legitimate land right might be determined by national legislation, by international agreement, or by social norms and customs. Land use issues should be identified during the Environmental and Social Impact Assessment and if required it should be registered as a risk to the investment. A property's deed flows from its title history, or chain of title that lays out the ownership history of that property. For an effort to sketch the outlines of a normative structure for international law that includes both human rights and rights of national minorities and indigenous peoples, see Allen Buchanan, Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law pt. In our research, we look at the perceived legitimacy of various CSO actors working on land rights in rural areas. There is a medium body of evidence (11 studies of moderate and high quality) highlighting that land titling can have a positive development outcome in terms of gender equity. Climate Change and Natural Resource Management, Using Mobile Applications to Secure Tenure, Online Discussion: Legitimate Land Rights, USAID Brief Reveals Linkages between Gender-Based Violence and Documentation of Women’s Land Rights, Join Some editions number the paragraphs slightly differently in chs. Legitimate land tenure and property rights: Fostering compliance and development outcomes . In such a case, no law ties the two people who are living together, and they can leave any time they like without any conseq… Land Rights of Women. This status of legitimacy entitled the child to certain rights and privileges. The research team was led by Geoffrey Payne and included James Mitchell, Luke Kozumbo, Clive English, and Richard Baldwin, using Rapid Evidence Assessment (REA), a methodology that uses a structured approach to identify relevant literature and then assess the robustness of the evidence presented. The company should engage with the communities/stakeholders involved to try to establish if a mutually acceptable solution can be found perhaps by incorporating the customary land users into the supply chain or through meeting the needs of the community through other social support mechanisms. However, the literature review also reveals that while land tenure rights are essential, other complementary factors, such as access to finance, are necessary to bring about positive development outcomes. Consequently, the right to tenure can be established through a range of processes: statutory, customary, religious, and informal. After more than six months in the pipeline, the Logan Municipal Council unanimously approved a landlord licensing ordinance Tuesday night. Nor should broad acceptance of the idea of human rights suggest that their generations or their separate elements have been greeted with equal urgency. Keywords: Governance, Land, Legitimacy, Cairo, Egypt, Ashwa'iyyat (informal areas) These include freehold ownership through land titling, leasehold, land registration and land use certification, community land trusts, common or communal ownership, and private land rental. Understanding the legitimacy of the democratic revolution. Land tenure is a historically and culturally complex concept. Consequently, the right to tenure can be established through a range of processes: statutory, customary, religious, and informal. It involves a stable and peaceful co-habitation between two partners without any responsibilities or accountability towards each other. Land titles apart from tax declarations, tax receipts, and payments on property can also serve as proxies. [Roger Scruton; Frank Brennan; John Hyde; Australian Institute for Public Policy.] Get this from a library! In the second half of the lecture, I t… Without these informations, it will not be possible to check th e records/legitimacy of the property in question. Public-Private Partnerships for Land Administration: Can It Work in Cabo Verde? Question: Are local legitimate land rights recognized when land was taken for state projects – abandoned – then offered to investors? Second, it is suggested that both Rawls and Foucault allow us to consider rights as historical and particular rather than a-historical and universal. In our research, we look at the perceived legitimacy of various CSO actors working on land rights in rural areas. Transforming ideas into action—action into impact. Land law is the form of law that deals with the rights to use, alienate, or exclude others from land.In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. The trajectory of my lecture will follow the thematic sequence foreshadowed in its title. Answer: As you might expect there is a rather wide spectrum of opinion about what constitutes a “legitimate” land right. Overall, the literature reviewed for this REA provided mixed evidence of a link between tenure strategies and positive development outcomes. This development has been accompanied by a significant increase in demand for land for investment; in some countries, this dynamic has caused land users to lose rights and access to their land and other natural resources. Answer: It is a difficult situation as the community is effectively questioning the legitimacy of formal land rights as communicated by its government. Indeed, as Joseph Raz has pointed out, by reference to Rawls’s own legitimacy criterion his list of human rights may be too long, e.g., a state that did not uphold the right to private property (which figures on Rawls’s list) would not obviously thereby fail to constitute a system of social-cooperation. Please see here. Human rights - Human rights - Legitimacy and priority: The fact that the content of human rights has been broadly defined should not be taken to imply that the three generations of rights are equally accepted by everyone. Peter Kropotkin suggests that, Acceptance to rule of law developed in response to the rampant abuse of authority by the nobility; post advent of the middle class after the French Revolution, strict adherence to the law was conceived as the ultimate equalizer within society. Indigenous people do not perceive land in the form of property and title, they belong to the land and with that belonging comes a responsibility to protect the land. Hence, the way a state constructs land rights is tied to the extent to which a state responds to the diverse needs and demands of its population. Crowd-sourced information about legitimate land holders may become an increasingly important font of material on the issue of legitimacy. Twenty-five high- or medium-quality studies described seven policies or interventions—including temporary occupation licenses, certificates of rights, and land use rights certificates, among others—that fostered partial compliance with legitimate land tenure norms. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Customary practices in land management are giving way to market-based statutory systems of land tenure. 4 and 5. Licence. In many cultures and socie­ties, women are excluded from owning property, including land, or they do not enjoy the same rights as the men. Through participant observation and interviews, we examine how professional civil society actors apply abstract knowledge on human rights to the everyday concerns of people who are often preoccupied with daily survival. The branch of Indian law, in contradistinction to the ordinary local or domestic law of India, which is concerned with cases having a “foreign element‟, is known as the conflict of laws or private international law. ... (We will postpone a discussion of the idea of natural property rights till later in the course.) In other cases, investors will not do this, or will not be guided by governments to do this, creating the potential for harm to local people and to the investor. Establishing land rights must be part of a wider process of establishing effective institutions in previously underserved areas to prevent possible market-driven displacement and should be done in consultation with those affected. Land use issues should be identified during the Environmental and Social Impact Assessment and if required it should be registered as a risk to the investment. Introduction “Individuals have rights, and there are things no person or group may do to them (without violating their rights). Indeed, as Joseph Raz has pointed out, by reference to Rawls’ own legitimacy criterion, his list of human rights may be too long, e.g. If however a mutual solution cannot be agreed then the company must make a decision around the risk to the investment and could potentially walk away from that land area and discuss alternatives with the government using the ESIA as proof of the risk. Human rights - Human rights - Legitimacy and priority: The fact that the content of human rights has been broadly defined should not be taken to imply that the three generations of rights are equally accepted by everyone. This panel event will explore the complexities of this concept. However, there may be disagreement about which groups should be considered as “indigenous peoples.” There is less consensus on the status of slum dwellers and if they do, or do not, hold legitimate land rights. Although property rights would exist in a society without government, Kant called these rights “provisional” because they would lack a reliable method of enforcement. Land use agreements, including renting, are an important intersection of property and contract law. Other pressures on land include greater mobility nationally and internationally due to evolving economic opportunities, climate change, and increased external investment. I will then examine recent attempts by some prominent philosophers to explicate the nature of human rights by reference to the supposedly constitutive connection they bear to political legitimacy. Although property rights would exist in a society without government, Kant called these rights “provisional” because they would lack a reliable method of enforcement. It poses important questions about what injustices might be legitimated by the state-led push for renewable energy development. Question: For David Grossman of International City/County Management Association: Will individuals accept property title “proxies” as legitimate land rights? Through participant observation and interviews, we examine how professional civil society actors apply abstract knowledge on human rights to the everyday concerns of people who are often preoccupied with daily survival. The main findings can be summarised as follows: Six policies, approaches, and interventions were successful in fostering compliance with legitimate tenure systems and achieved positive development outcomes in particular contexts. the conversation: #LandRights, Watch our YouTube Processes around land allocation strongly affect the management of critical resources: land, in addition to the resources found underneath or upon it such as minerals or forests. The REA clearly shows that the diversity of needs, and the rate at which these needs are changing for land users at different levels and stages of social and economic development, requires an equally diverse range of tenure and rights options. We are committed to shaping a more livable world. At the local Land office, DC office, you can get this. legitimacy of this land-use claim in the form of a state lease to a large oil palm company and the negotiated compromise that eventuated.The next section explains the serendipitous emer-gence of smallholder oil palm as a profitable ... Land rights and rural livelihoods). These strategies may deserve more consideration by both researchers and policymakers as they are less costly and more easily implemented than land titling, while achieving levels of tenure security sufficient to encourage investment and land property improvements. Answer: The answer to this question is context specific. They achieved increases in tenure security and positive development outcomes but have received less attention than land titling. Land tenure is a historically and culturally complex concept. The Office also resolves property rights disputes and advocates fairness and balance when private property rights conflict with public needs. The variety in process also means that some forms of land tenure do not provide tenure holders with formal documentation of their legal status; they may comply only partially with legally stated norms (as when land is legally held, but developed for uses that are not officially sanctioned), or may be subject to dispute. Claims to properties, lands, and territories have as their defining feature evidence that is regarded as legitimate by members of a certain 'community' (variably defined). As such, legitimate rights may, or may not, be fully consistent with statutory law, especially in contexts where customary law co-exists with statutory legal systems under conditions of legal plurality. NATURAL RIGHTS AND POLITICAL LEGITIMACY* By Christopher W. Morris I. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Freehold ownership through land titling was the dominant example of compliance with statutory tenure and property rights in the literature search, accounting for 62 of the 113 publications revealed by the search strings. Because of these limitations, we should exercise caution when using the conclusions from those studies as a basis for policy formulation and implementation, especially in the absence of additional research. This is a problem across scales and need to be incorporated into the idea of cross scale coherence. This may be particularly the case in conflict-affected settings, where displacement and return cause tenure insecurity and land disputes, and where the legitimacy of state and non-state institutions is contested. Our REA involved: 1) a structured literature search, 2) a description and summary of the studies, and 3) a quality appraisal and synthesis of the evidence. ... the validity of consideration, the legitimacy of the original requirement, et cetera. iv . The executive power of the law of nature. The information provided on this Web site is not official U.S. Government Today, we are sharing our answers to some of the most interesting questions: Question: It would be interesting to understand the international perspective on what constitute legitimate land rights; any thoughts? References are to paragraphs of the original requirement, et cetera as on historical theories of and. Of interest an individual could ever hold in land influence attitudes toward use! 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