Land and Property Development

Illegal evictions? Overwriting possession and orality with law’s violence in Cambodia

by Simon Springer

Springer, S. Forthcoming. Illegal evictions? Overwriting possession and orality with law’s violence in Cambodia. Journal of Agrarian Change.

The unfolding of a juridico-cadastral system in present-day Cambodia is at odds with local understandings of... more The unfolding of a juridico-cadastral system in present-day Cambodia is at odds with local understandings of landholding, which are entrenched in notions of community consensus and existing occupation. The discrepancy between such orally recognized antecedents and the written word of law have been at the heart of the recent wave of dispossessions that have swept across the country. Contra the standard critique that corruption has set the tone, this paper argues that evictions in Cambodia are often literally underwritten by the articles of law. Whereas ‘possession’ is a well-understood and accepted concept in Cambodia, a cultural basis rooted in what James C. Scott refers to as ‘orality’, coupled with a long history of subsistence agriculture, semi-nomadic lifestyles, barter economies, and–until recently–widespread land availability have all ensured that notions of ‘property’ are vague among the country’s majority rural poor. In drawing a firm distinction between possessions and property, where the former is premised upon actual use and the latter is embedded in exploitation, this article examines how proprietorship is inextricably bound to the violence of law.

Sustainability assessment and reporting in property development: a case study

by Panagiotis Panagiotakopoulos

Co- authored with:P. W. Jowitt, Published in 'Proceedings of the ICE - Engineering Sustainability', Volume 161, Issue 1, pages 93 –99

Property development is a highly complex issue with outputs having widespread and long-lasting ramifications that can... more Property development is a highly complex issue with outputs having widespread and long-lasting ramifications that can affect many different stakeholders. Property developers can play a significant role in enhancing the sustainability of urban developments; their activities result in a variety of economic, social and environmental impacts—the three key strands in which sustainable development is couched. This paper presents the development of an assessment and reporting framework for a particular property developer company (PDC). The development of the framework was based initially on a ‘bottom-up’/input-driven process and then on a ‘top-down’/output-driven approach. The problems and advantages of each and the lessons learnt in the development of the methodology are described using a systems methodology. The resulting top-down assessment approach is simple to apply, easy to characterise and relies on the self-assessment of a small number of strategic indicators by project managers. This systems-level approach also made it easier to capture high-level emergent properties of each development project in terms of its contribution to sustainable development. The methodology and assessment framework could easily be adapted for other property developers and construction generally, and so contribute to the creation of a more sustainable built environment.

A Triple Bottom Line Reporting Framework for Property Development Portfolios

by Panagiotis Panagiotakopoulos

Die Reform des ukrainischen öffentlichen Baurechts

by Leonid Shmatenko

Published in: eastlex 2012, pp. 107 - 110.

Das neue ukrainische Gesetz „Über städtische Bebauungsaktivitäten“, welches im Februar 2011 unterzeichnet, jedoch erst... more Das neue ukrainische Gesetz „Über städtische Bebauungsaktivitäten“, welches im Februar 2011 unterzeichnet, jedoch erst am 12. März 2011 in Kraft getreten ist, versucht das alte bürokratische und zentralistische Gesetz durch ein moderneres und unbürokratischeres zu ersetzen. Der nachfolgende Artikel widmet sich dem neuen Gesetz und stellt die Änderungen von ebendiesem dar.

From Ruling People to Owning Land: Russian Concepts of Imperial Possession in the North Pacific, 18‘th and early 19‘th Centuries

by Martina Winkler

Jahrbücher für Geschichte Osteuropas 59 (2011) 3, 321-353

Negotiating Land and Property Development: A Game Theoretical Approach to Value Capturing

by Ary Samsura

Samsura, D.A.A. and Van der Krabben, E.
Journal of European Real Estate Research, 2012, Volume 5, Issue 1, pp. 48-65

Purpose:
The results of the analysis attempt to provide an understanding on how a phenomenon or process of... more Purpose:
The results of the analysis attempt to provide an understanding on how a phenomenon or process of collective action with regard to the negotiation in value capturing can be expected to happen in a certain way which in the end could improve our understanding of value capturing implementation processes.

Design/methodology/approach:
Game theory is utilized to model the structure of relations between the actors involved. Game theory is a mathematical approach to study collective decision-making situations in which the decision makers involved have conflicting preferences. Here, we consider the implementation of value capturing as the result of an agreement between a municipality and landowners to contribute to the costs of public infrastructure development which in essence is a form of collective action.

Findings:
The paper is not only demonstrating the usefulness of game theoretical modelling in conceptualising relations between different stakeholders in the implementation of value capturing and suggesting the best possible strategy for every stakeholder; but also observing the limitations of the methods in analyzing the behaviour of actors involved in decision-making processes with respect to value capturing.

Originality:
Unlike most of value capturing studies which focused on either a valuation point of view (how much value can be captured?), a governance or instrumentalist point of view (which instruments can be effective for value capturing?), or a political point of view (to whom belongs the increment value that is the result of government investments or decisions?); this paper emphasizes an alternative perspective to value capturing, namely the decision-making or negotiation process underlying value capturing by relying on game-theoretical approach.

Achieving the purpose of IPA-A case of hit and miss

by Tammy Johnson

Violent accumulation: a postanarchist critique of property, dispossession, and the state of exception in neoliberalizing Cambodia

by Simon Springer

Springer, S. Forthcoming. Violent accumulation: a postanarchist critique of property, dispossession, and the state of exception in neoliberalizing Cambodia. Annals of the Association of American Geographers.

Employing a poststructuralist-meets-anarchist stance that advances conceptual insight into the nature of sovereign... more Employing a poststructuralist-meets-anarchist stance that advances conceptual insight into the nature of sovereign power, this article examines the dialectics of capitalism/primitive accumulation, civilization/savagery, and law/violence, which are argued to exist in a mutually reinforcing 'trilateral of logics'. In deciphering this triadic system, this article offers a radical (re)appraisal of capitalism, its legal process, and its civilizing effects, which together serve to mask the originary and ongoing violences of primitive accumulation and the property system. Such obfuscation suggests that wherever the trilateral of logics is enacted, so too is the state of exception called into being, exposing us all as potential homo sacer (life that does not count). Proceeding as a diagnostic assessment of sovereign power, where although signposted by Cambodia's contemporary experiences of violent land conflict, this article is not intended as a fine-grained empirical analysis. Instead, it forwards a theoretical dialogue where Cambodia's neoliberalizing processes offer a window on how sovereign power configures itself around the three discursive-institutional constellations (i.e., capitalism, civilization, and law) that form the trilateral of logics. Rather than formulating prescriptive solutions, the intention here is critique, where in particular it is argued that the preoccupation with strengthening Cambodia's legal system should not be read as a panacea for contemporary social ills, but as an imposition that serves to legitimize the violences of property.

Six steps to sustainable commercial buildings for developers

by Kendra Wasiluk

Desiderium ex machina: The theme of desire in the life of Bishop Árni Þorláksson

by Richard Cole

Submitted for the degree of MA in Language, Culture & History: Medieval & West Norse Studies.

Not quite representative of my PhD work, but I put it here on the off-chance it might help anyone looking for a recent Engllish language account of "Árni studies".

A Comparative Analysis of Vindication and the Security of Acquisitions

by Tadas Klimas

Rule by aesthetics: world-class city making in Delhi

by Asher Ghertner

in Ananya Roy and Aihwa Ong (Eds) (2011). Worlding Cities: Asian Experiments and the Art of Being Global (pp. 279-306). Oxford: Blackwell.

Communist (and post-communist) property

by Liviu Damsa

A game theory approach to the analysis of land and property development processes

by Ary Samsura

Samsura, D.A.A., Van der Krabben, E. and Van Deemen, A.M.A.
Land Use Policy, 2010, Volume 27, Issue 2, pp. 564-578

Land and property development processes obviously can be seen as a social situation in which the interaction of... more Land and property development processes obviously can be seen as a social situation in which the interaction of individuals or groups of individuals is one of the essential elements. To study and understand social situations, it is important to analyse how the decisions of actors are interrelated and how those decisions result in outcomes. In this paper, we propose a game theoretical modelling approach to analyse it. Hence, the objective of the paper is to investigate the usefulness as well as the limitations of game theoretical modelling for analysing and predicting the behaviour of actors in decision-making processes with respect to the development of land and property. For that purpose, we have developed game models for the case study of the development of a greenfield residential location in the Netherlands with respect to the implementation of new Dutch legislation on cost recovery.

Our study demonstrates that game theory could help us to identify the key strategic decisions of land and property development projects by showing the different payoffs for stakeholders of their chosen strategies and selecting the equilibrium in which all stakeholders involved are best of. We also found many limitations of using game theory in our case study especially regarding the assumptions underlying the model. However, we conclude that game theoretical modelling can be a useful decision support tool in spatial planning, because it provides a way to think about the complexity of strategic interaction and, in particular, about the conflicting structure of collective decision-making processes.

Communist and Post Communist Property

by Liviu Damsa

Investissements agricoles étrangers et enjeux fonciers en Afrique subsaharienne

by Pascal Vallieres

Depuis 2008, l’annonce d’acquisitions de vastes terres agricoles africaines par des capitaux étrangers a retenu... more Depuis 2008, l’annonce d’acquisitions de vastes terres agricoles africaines par des capitaux étrangers a retenu l'attention de nombreux médias internationaux. Connu sous l'expression anglaise « land grab », ce phénomène est venu réveiller le spectre d’une recolonisation de l’Afrique, rappelant la première ruée qu’avait connue le continent au XIXe siècle.

Toutefois, les ex-puissances coloniales européennes se voient maintenant concurrencées par les pays émergents tels que la Chine, la Corée du Sud et l'Inde, de même que par les monarchies pétrolières du Golfe Persique, démontrant une fois de plus l'attrait que suscitent les ressources naturelles du continent africain. On observe un nouvel élément à ce problème : on n’acquiert plus seulement des concessions minières ou forestières, tel que par le passé, mais bien des terres agricoles permettant de produire des cultures céréalières et/ou des agrocarburants, dans la plupart des cas destinés à l'exportation.

La question qui nous préoccupe maintenant consiste à savoir comment les pays africains peuvent répondre à cette demande étrangère sans compromettre les droits fonciers des communautés locales et leur sécurité alimentaire.

Cet article vise à expliquer ce phénomène, en présentant tout d'abord quelques-uns des cas emblématiques rapportés par la presse et dans les rapports qui ont étudié cette question. Nous chercherons ensuite à présenter les causes conjoncturelles de ce phénomène à l'échelle globale et leurs implications au niveau local. Nous analyserons ainsi les perspectives des différents acteurs sociaux, tels les communautés, les ONG, les États africains et les investisseurs étrangers. Nous verrons finalement quels sont les enjeux fonciers soulevés par ces modèles d'investissement et quels sont les défis auxquels font face les gouvernements africains afin de sécuriser les droits fonciers des communautés locales.

A New Start for Fresh Water: Allocation and Property Rights

by Robert Makgill

Lincoln Planning Review, Vol. 2, No. 1, pp. 5-10, 2010

The purpose of this article is to consider water allocation and property rights as presently governed under the... more The purpose of this article is to consider water allocation and property rights as presently governed under the Resource Management Act 1991 (RMA), canvass the key problems associated with the present regime and then discuss the manner in which these problems might be addressed in Phase Two of the amendments to the RMA.

The article addresses the following issues:

Allocation between competitors for water is presently determined by those first in time. This system of allocation does not enable an application for allocation to be refused on the basis that a later proposal meets higher environmental or economic standards. The government is signalling that the first-in first-served approach is to be replaced by a system that enables water to be allocated to its most valued uses. This looks likely to include a market based system for allocation.

Research has shown that a lack of flexibility over allocation and transfer has discouraged efficient water use. Irrigators, for example, are fearful that moving to more efficient forms of irrigation will result in the loss of water rights. This is because restrictions on the kinds of use, and location of use, make it difficult to use water for other purposes under existing consents. Restrictions over use and location similarly make it difficult to transfer water rights to other parties either in full or for short periods of time.

Work undertaken by successive government departments has indicated that greater flexibility and transferability of water rights would provide a strong financial incentive for greater efficiency. The government's New Start for Fresh Water (NSFW) strategy is largely silent on the issue of flexibility and transferability, but the government is committed to maximising the economic return from water. Considering this policy background and current recessionary environment it is likely that reforms to flexibility and transferability will be introduced in order to both encourage more efficient water use and stimulate new economic activity.

There is presently little detail on how any of the potential changes to water allocation and property rights might work. The Land and Water Forum and government's Technical Advisory Group (TAG) are to report to the government on this by July this year. It is unclear at this stage whether there will be an opportunity for public submissions prior to the report being delivered. This is because the Land and Water Forum is supposed to represent all key stakeholders. However, the NSFW does anticipate wide public consultation before major policy decisions are made. It is worth noting in this vein that the aquaculture TAG's initial report was open to public submission. In any case, there will be an opportunity for wider public submissions once any proposed legislative reforms reach the select committee stage.

Public Property and Private Use Rights: Exclusive occupation of the coastal marine area in New Zealand

by Robert Makgill

To be published in Klaus Bosselmann and Vernon Tava (eds), Water and Sustainability in Australasia, New Zealand Centre for Environmental Law Monograph Series, Vol. 3, Auckland, 2011.

[Copy of Chapter sent to printer following gramtical and formatting revision by editors. Includes author's revision of Part III concerning imperium (radical title) and dominium (absolute title).]

In New Zealand individual rights to occupy the coastal marine area are conferred under the Resource Management Act... more In New Zealand individual rights to occupy the coastal marine area are conferred under the Resource Management Act 1991 (“RMA”). Coastal occupation is best understood as a private use right over public property. The conferral of private rights over property has lead some to define occupation as a property right. It is not an absolute property right. Such rights do not exist within contemporary legal systems. It does, however, display a number of characteristics that we would otherwise identify as belonging to the bundle of rights normally associated with private property.

Any comparison of coastal occupation rights to private property needs to be tempered by recognition that the coastal marine area is vested in the Crown and may not be alienated under the Foreshore and Seabed Act 2004 (“FSA”). There is also a presumption under the RMA in favour of public access to the coastal marine area. The neoliberal approach to land based activities under the RMA is reversed in the coastal marine area, and private occupation is prohibited unless allowed by a plan or a resource consent. Furthermore, the extent to which resource consents are recognised as being either real or personal property is governed by the RMA. These statutory restrictions signal that occupation rights within the coastal marine area have a statutory origin.

Nevertheless, when occupation rights are broken down into their component parts it is apparent that they include rights to exclude, possess, use and transfer. This entitles consent holders to take actions to protect those rights under property related headings such as trespass and non-derogation of entitlement. Coastal occupation rights are not, therefore, either purely statutory or property based rights. This raises the question, what kind of rights are they? This paper concludes they are something new, and might be best considered, at least from an academic standpoint, as a hybrid right that confers both statutory and property rights to a public resource.

Keywords:
Allocation, coastal, exclusive, private, property, public, occupation, ownership, use, right.

The built environment interdiscipline: a theoretical model for decision makers in research and teaching

by Paul Chynoweth

The built environment subject area is now well-established as a recognised field of study. However, because of its... more The built environment subject area is now well-established as a recognised field of study. However, because of its vocational orientation it is usually defined in terms of a particular range of professional activities and aptitudes. In consequence the theoretical nature of its academic knowledge base is poorly developed. This has consequences for research and teaching practice within the field. Using established literature on the historical approaches to knowledge categorisation a theoretical model is proposed. This defines the built environment as an applied, but theoretically coherent, interdiscipline with a common epistemological axiomatic. The practical benefits of the model are illustrated by examples in the context of curriculum design, research strategy and the research-teaching nexus.

The Relationship Between Housing Construction Costs and House Rents Trends in Kaduna, Nigeria

by Chukwuma Nwuba

Co-authored with D. O. Adeagbo.  Published in The Quantity Surveyor, Journal of the Nigerian Institute of Quantity Surveyors Vol. 55, No 2, April – June, 2007

Abstract
The problems of escalating housing construction costs and house rents have been some of the major... more Abstract
The problems of escalating housing construction costs and house rents have been some of the major contributing factors to urban housing problems in Nigerian cities. These two variables are usually associated in urban housing problems and rental house investments. The research investigates the relationship between housing construction costs and house rents trends in the low density residential areas of Kaduna, Nigeria by analyzing the trends in the variables from 1986 to 2004. The basic objective of the research is  to determine whether there is significant relationship between housing construction costs and house rents trends and, if so, the nature of the relationship. The main hypothesis is that there is a relationship between them. Pearson’s correlation coefficient was used to test the hypothesis and regression analysis was performed on the data. the results show that there is a strong positive linear relationship  between the two trends. The results also show that both variables maintained upward trends throughout the study period and that their inflation rates were highly significant; that construction costs inflation rates were higher than those of rents but that the differences were not statistically significant. The implications of the findings include the need for improved building methods to reduce construction costs, concerted efforts by stakeholders in rental house development  and management to develop measures to solve the problem of escalating  house building costs and rents and to encourage investments in rental house development.