A leasehold tenure system for publicly owned forest land

2010 ◽  
Vol 86 (5) ◽  
pp. 597-600
Author(s):  
Tony Rotherham

The forest products industry is in a period of profound transition. Several provinces are reviewing forest land tenure systems. Perhaps a new approach can be tried, but we must not forget the lessons of the past 30 years during which the delivery of forest management has improved based on clear lines of responsibility and accountability. A leasehold tenure system based on contract law providing security of tenure and designed to accommodate both SFM Certification and Forest Carbon Projects might be worth consideration. Key words: forest land ownership, tenure, leasehold, long-term planning, forest crop planning

2021 ◽  
pp. 129-142
Author(s):  
Nancy Kankam Kusi ◽  
Frank Mintah ◽  
Valentina Nyame ◽  
Uchendu Eugene Chigbu ◽  
Menare Royal Mabakeng ◽  
...  

Abstract This chapter highlights that matriarchy and matrilineal social orientations are not inherent guarantees of women's access to land but can reinforce male dominance over land ownership, control, and access to land. It notes that social structures and norms are subject to change and, in this instance, colonialization and modernization have acted as the two key influencers in reshaping Asante matriarchy. The researchers argue that the continuous interplay of cultural negotiations within the traditional matriarchal regime have caused a drastic transformation in Asante land tenure system which have fuelled unequal access to land. In effect, a postcolonial Asante woman is no longer guaranteed land tenure security from her family or community and more likely to face the harsh realities of landlessness. The chapter does not assume equal access to land hitherto but notes that the inequality gap has been further widened by the weakening of 'female power' in the matriarchal social system.


Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.


1993 ◽  
Vol 25 (1) ◽  
pp. 5-15 ◽  
Author(s):  
Mansoureh Ettehadieh Nezam-Mafi

The history and development of land tenure in Iran have been affected by many factors, including climatic conditions, scarcity of water, lack of security, widespread tribalism, and legal and administrative confusion. In addition to limitations in resources, political instability in the premodern period molded systems of land tenure in Iran. Changes of dynasty were frequent and usually followed by the confiscation and redistribution of land. The Qajar dynasty (1788–1925), which came to power after a long period of anarchy and civil war, continued that general pattern. There were three classes of land ownership in Iran in this period: waqfs (religious endowments), arbābī (land owned by large landlords), and khāliṣah (state-owned lands). This last category was composed of lands confiscated by the government as punishment for rebellion or failure to pay taxes. As land was often the only form of wealth landlords had, the threat of government confiscation was an instrument of control as well as a source of revenue for the state. The khāliṣah were usually rented out on long-term leases or were granted as ṭuyul, that is in lieu of services rendered or salaries deferred. The khāliṣah were also in some instances farmed directly by the government. These lands were cultivated by peasants under conditions similar to those of the arbābī lands. They were scattered throughout the country and were also subject to various local and regional variations in agricultural taxes.


Forests ◽  
2020 ◽  
Vol 11 (6) ◽  
pp. 677
Author(s):  
Sangpil Ko ◽  
Pasi Lautala ◽  
Kuilin Zhang

Over the past several decades, the transportation of raw materials (logs) has increasingly shifted from the railway to trucks. However, the long-term sustainability of this shift is being questioned due to the shortage of truck drivers, fluctuation of fuel prices, and changes in hours of service laws. The industry is interested in the possibility to shift more logs back to the railway but the impact of such a shift on truckers has not been investigated. This study attempted to quantify the impact of such a change on the operations of log truckers by calculating time efficiency (percentage of daily hours of service for revenue activities) and value efficiency (average loaded versus total ton-kilometers per day) between a truck only and multimodal (truck/rail) alternatives. We used actual data from the forest products industry companies and truck performance data from an earlier study to investigate the impact through case studies in four different locations of the upper Midwest, US. The results of our analysis revealed that in three out of our four case studies, re-routing log movements through rail yard/siding improved the time efficiency and value efficiency. Finally, our sensitivity analysis found that increases in average truck speed and maximum hours or service had higher impact on multimodal transportation than in truck-only system.


Author(s):  
Sara Hughes ◽  
Megan Mullin

Decentralization in water management authority has shifted decision-making to the local level and expanded participation to include a wider set of actors. The result is a politics of water that is more variable than in the past, across space and over time, reflecting the diversity of local values and local water resources. Fragmentation of policy responsibility offers potential for more environmental and financial sustainability in the long term, but in the short term it requires management agencies and stakeholders to find ways to interact effectively. How we design our local institutions, and the incentives that higher levels of government provide for directing local decisions, will help determine whether the new approach produces a more sustainable and resilient water future.


1995 ◽  
Vol 71 (4) ◽  
pp. 451-458 ◽  
Author(s):  
Fiona J. Salkie ◽  
Martin K. Luckert ◽  
William E. Phillips

The recent development of new processing facilities in Meadow Lake, Saskatchewan has created a long-term market for timber in the region. Although these processing facilities are currently supplied by crown timber reserves, increasing pressure on public forest resources from multiple users has caused processors to consider private woodlots as a supplemental source of fibre. A survey was undertaken to investigate conditions under which landowners may respond to the emerging demand by managing their timber resources for harvest and sale.Survey results indicate that, although virtually no management or harvesting has occurred in the past, approximately half of those interviewed would consider timber management and harvesting in the future. Logit analysis identified landowner characteristics that were related to landowners' willingness to consider forest management and harvest in the future and the likelihood that they would consider a timber contract. Significant characteristics of landowners in influencing the propensity to manage and harvest their woodlots included: the diversity of farm operations, the length of family tenure of the land, the number of ways respondents use their forest land, and area of forest owned. A preferred timber contract was identified as having: a duration of 1 to 5 years, young growth established at the end of the contract term, and payments for harvesting and management services made through a crop share arrangement. Key words: private forestry, forest economics, timber contracts, landowner characteristics, woodlot management


2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Julia E. Fa ◽  
Guillermo Ros Brull ◽  
Eva Ávila Martin ◽  
Robert Okale ◽  
François Fouda ◽  
...  

AbstractA significant number of Baka Pygmies in Cameroon have been sedentarised in roadside villages, in contrast to their nomadic hunter-gatherer existence of the past. Although this change in lifestyle has had important consequences on health, most Baka villages still supplement their diets from forest products, especially wild meat. We used a combination of participatory methods and monitoring of individual hunters to map hunting territories in 10 Baka villages in southeastern Cameroon. From these, we determined whether wild meat extraction levels per village were related to the size of hunting territories, measured habitat use by hunters and finally defined the overlap between hunting territories and extractive industries in the region. Mapped village hunting areas averaged 205.2 ± 108.7 km2 (range 76.8–352.0 km2); all villages used a total of 2052 km2. From 295 tracks of 51 hunters, we showed that hunters travelled an average of 16.5 ± 13.5 km (range 0.9–89.8 km) from each village. Home ranges, derived from kernel utilization distributions, were correlated with village offtake levels, but hunter offtake and distance travelled were not significantly related, suggesting that enough prey was available even close to the villages. Hunters in all village areas exhibited a clear bias towards certain habitats, as indicated by positive Ivlev’s index of selectivity values. We also showed that all village hunting territories and hunter home ranges fall within mining and logging concessions. Our results are important for local understanding of forest land uses and to reconcile these with the other land uses in the region to better inform decisions concerning land use policy and planning.


2012 ◽  
Author(s):  
Francesca Lucchesi

In long-term contracts the topic of contingencies and corrective remedies is particularly important. The BGB (§ 313) and texts that derive from supranational bodies, such as The Principles of European Contract Law, the UNIDROIT Principles and the Draft Common Frame of Reference set out remedies in order to adapt the contract in the event of contingencies and other preconditions. Similar forms of protection are not provided for by the Italian Civil Code, whose remedies in the face of events stemming from a contingency often do not manage to meet the interest to preserve the relationship. The development of the sources highlights in particular the remedy of compensation and specific enforcement of the obligation to conclude a contract set out in art. 2932 of the Italian Civil Code, with important new features with respect to the past. After the direction taken by case law which accepts compensation for damage in the presence of a concluded and valid contract, the compensation remedy assumes the function of correcting the contract and not just upholding the economic operation. In short, what emerges from the compensation and specific protection are facts and operating techniques that justify and enable correction of a contract.


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