COST Action G9 Modelling Real Property Transactions Working Group 2: Cadastral Science meeting, 25-26 August 2005 in Aalborg Apostolos Arvanitis, Evangelia.
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Presentation on theme: "COST Action G9 Modelling Real Property Transactions Working Group 2: Cadastral Science meeting, 25-26 August 2005 in Aalborg Apostolos Arvanitis, Evangelia."— Presentation transcript:
COST Action G9 Modelling Real Property Transactions Working Group 2: Cadastral Science meeting, 25-26 August 2005 in Aalborg Apostolos Arvanitis, Evangelia Balla Greece Research on L and R eadjustment / L and C onsolidation
The approach There are several legal instruments and tools which have been instituted in different countries, for the adjustment of plot boundaries both in rural and urban areas, aiming at different objectives and functioning in larger or smaller scale. (e.g. Land Consolidation/LC, Land Readjustment/LR etc.)
Registration of legal instruments, tools and procedures A research project on these tools should aim firstly to assemble and register updated information about different practices of LR/LC in selected countries, the intentions and objectives related to them and the prerequisites for their implementation. Additionally, to conclude to common accepted definitions & terminology related to these instruments, and to examine the prerequisites and general guidelines (if any) for the transferability of these processes in other countries and especially in those of the Central and East Europe.
Content of the Research A research proposal for the investigation of land re- allotment instruments could be organised according to the following structure: Historical aspects Technical & financial issues Legal issues Social, political & administrative issues Environmental aspects Educational Issues
Research Strategy (1) Below, are listed some possible research questions according to the aforementioned taxonomy. These questions are only indicative and can be used in order to raise a discussion on these issues. Historical Aspects One of the fundamental research questions is how these tools are influenced from the landownership status of each country taking in mind that the introduction and the degree of implementation of them is closely related to the historical evolution of property rights and land tenure in each country.
Technical & Financial Issues Who can start the process of LR/LC? Which are the implementing bodies? What are the different stages in the process of LR/LC in the selected countries? Do they exist any similarities? What are the advantages/disadvantages of LR comparing to other conventional procedures such as the buying up of land, expropriation or gradual adjustment of the new plan to the area? What’s the impact of these tools on land values before and after the procedures? Need for a land registry: In order to establish a form of LR/LC technique in a country, there must be adequate cadastral records defining boundaries and ownership in any areas in which is to be applied? Need for professional appraisers: is there a necessity for an adequate & trusted cadre of professional appraisers? Research Strategy (2)
Research Strategy (3) Is the development of a mass appraisal system a good instrument for land valuation at the different circumstances of LR/LC processes? Are LR/LC too time consuming? What are the main factors that are responsible for the delay of execution of such projects? In which phases of the procedures appear the most frequent problems of time-delay? Financing LR/LC projects: what is the current experience in the selected countries on ‘front-end’ and total costs? How these costs are being financed? What is the importance of ‘transparency and standardisation’? in the relevant literature is being emphasised that in several stages of LR/LC procedures, particularly those relating to property values, must standardised to high degree that there can be no favouritism by the personnel of LC/LR agencies. In which way the data modelling techniques (using UML) will be useful in these land policy instruments? Is there a need to organise on a better way the communication between all the computerized procedures (interoperability, XML – XMI)? How the GIS technology will facilitate the LR/LC procedures?
Research Strategy (4) Legal Issues What’s the ‘legal nature’ of LR/LC? Is LR/LC especially the compulsory procedures, a form of expropriation? Does the institution of LR/LC in a country where it does not exist, need a constitutional regulation/provision? Is there a form of compensation for the landowners who doesn’t will to participate in these procedures? How can the landowners appeal in different phases of the procedures? How the Titling procedures are organized and implemented in each country?
Research Strategy (5) Social, Political & Administrative Issues How the administrative structure of each country influences the implementation of LR/LC? Should LR/LC be organised and directed by the central public government, other public/private organisations or by the local authorities? What goals serve LR/LC? Is it of public or private interest? Is LR/LC ‘an idea whose time has come’? Is the world-wide popularity of LR increasing or decreasing? In which countries is the use of LR/LC more timely and why? Are there any pressures to change LR/LC? What are they? How have – if so- the mechanisms of administering and financing LR changed through the years? Have these changes arisen because of specific social and political circumstances or have been motivated by the technical staff and public administrators seeking technical improvements?
Research Strategy (6) Is the existing form of LC consistent with the Community Agricultural Policy (CAP) goals? Does LR/LC ensure a fair distribution of the surplus values that result from the urbanisation procedure or the alteration of land uses? How these instruments secure the participation of the landowners? Is this an important factor for the success of these projects? And consequently: is it better to have public participation or very careful and well defined procedures by which private interests are protected? With which other cultural factors that are unique to each national identify and tradition, good practice of LR/LC is related?
Research Strategy (7) Environmental Aspects Is the existing form of LR consistent with the EU policies concerning the sustainable development of cities? (e.g. Green book for the Urban Environment). Can LC/LR be somehow tied to the preservation of ecological values? Are there any specific and successful examples of this?
Research Strategy (8) Educational Issues How do the land surveyors and other professional bodies taking part, organising and implementing the process of LR/LC are being educated in these techniques? Is the education on LR/LC efficient? LR/LC procedures contain relatively complex concepts, not easy to explain in a few words to the general public. How can the general public be effectively educated about it? Are there any successful examples on it?
Modelling LR/LC procedures Visualization and Standardization of LR/LC procedures Objective Goal (STANDARDIZATION). UML provides a rich and a widespread way of communication (STANDARDIZATION).
Examples Land Consolidation Land Readjustment Allotment Expropriations Modification of urban plan e.t.c.
Benefits of LR/LC Modelling …will enhance a Better Comprehension of the Stages of the LR/LC procedures. …will achieve a Simple Way of Communication …will lead to an easier comparison of the LR/LC procedures that are executed in different countries …will reinforce the Exchange of Information between different systems - countries.