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Fundamentals of Land Consolidation as an Instrument to Abolish Fragmentation of Agricultural Holdings

01 Jan 2002-
TL;DR: In this article, the authors give an overview of the main technical and policy issues that have to be taken into account when land consolidation is implemented in the most practicable way, focusing on land consolidation for agricultural purposes, that is land consolidation as an instrument to abolish fragmentation of agricultural holdings.
Abstract: This paper aims to give an overview of the main technical and policy issues that have to be taken into account when land consolidation is implemented in the most practicable way. The paper focuses on land consolidation for agricultural purposes, that is land consolidation as an instrument to abolish fragmentation of agricultural holdings. Land consolidation for specific non-agricultural purposes such as nature and landscape is not an issue in this paper. Land consolidation on a voluntary basis implies too much uncertainty with respect to its final results. Land consolidation can only be carried out in an efficient way when it is based on special legislation. Therefore the description of the land consolidation process in this paper emanates from a process provided by law. In countries where land consolidation already has a long history, procedures have become rather complicated, because over the years the instrument of land consolidation has been developed in such a way that the fulfilment of a variety of different goals with respect to the development of the rural area can be achieved. The advanced multi-purpose character of the instrument may imply that the instrument is becoming too inert. Therefore there is a need to go back to the fundamentals of land consolidation. The result may also be of interest for countries where land consolidation still has to start. In Chapter 2 some definitions and main characteristics of land consolidation will be mentioned. Chapter 3 will give an overview of a practicable organization and practicable distribution of responsibilities. Chapter 4 describes a practicable land consolidation process. The paper is a summary of a publication about land consolidation, prepared for the Food and Agricultural Organisation (FAO) of the UN.
Citations
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Journal ArticleDOI
TL;DR: In this paper, an integrated planning and decision support system is proposed that integrates artificial intelligence technologies and multi-criteria decision methods with a geographical information system for use in routine land consolidation planning as well as for undertaking ex ante evaluations of land consolidation projects.

142 citations

Journal Article
TL;DR: In this paper, the authors discuss the similarities and differences in the land consolidation procedure in various European countries and compare the objectives and contents of land consolidation in Finland, Germany, the Netherlands and Sweden in more detail.
Abstract: Rural development by land consolidation is used in several countries in the Continent of Europe. At the moment, land consolidation projects are executed mainly in Germany, the Netherlands, France, Belgium, Luxembourg, Austria and Switzerland as well as Finland, Norway and Sweden. The demand for land consolidation arises from a similar source in all countries: the need for readjusting unfavourable land division and promoting the appropriate use of the real property without changing the status of ownership. There are differences in the objectives and procedures of land consolidation depending on the country in question, as the development of the procedure has been influenced by the historical trends, culture, tradition and legislation in each of the countries. The common initiative for land consolidation in different countries has, however, offered the possibility of adopting well-proven solutions, and the features of the land consolidation process have developed similar in all of Europe. Based on literature research the objective of this article is to discuss the similarities and differences in the land consolidation procedure in various European countries. The article considers the organisation, objectives, legal procedure, costs and financing, and the development prospects. Furthermore, the article compares the objectives and contents of land consolidation in Finland, Germany, the Netherlands and Sweden in more detail.

125 citations


Cites background from "Fundamentals of Land Consolidation ..."

  • ...(Pettersson 1983, p. 35; Sonnenberg 2002, p. 2-6.)...

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  • ...(Backman 2002, p. 6-9; Sonnenberg 2002, p. 2.)...

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  • ...…Land Consolidation in Europee Nordic Journal of Surveying and Real Estate Research VOL 1, 2004 According to the experts (see e.g. Sky 2001, p. 44; Sonnenberg 2002, p. 10) the duration is prolonged by the extent of the processes (acreage and/or a large number of part-owners), and the great number…...

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01 Jan 2000
TL;DR: The demand for land consolidation arises from a similar source in all countries: the need for readjusting unfavourable land division and promoting the appropriate use of the real property without changing the status of ownership as mentioned in this paper.
Abstract: Rural development by land consolidation is used in several countries in the Continent of Europe. At the moment, land consolidation projects are executed broadly in Austria, Belgium, France, Germany, Luxembourg, the Netherlands, and Switzerland, as well as in Finland, Norway and Sweden. The demand for land consolidation arises from a similar source in all countries: the need for readjusting unfavourable land division and promoting the appropriate use of the real property without changing the status of ownership.

83 citations


Cites background from "Fundamentals of Land Consolidation ..."

  • ...According to the experts (see e.g. Sky 2001; Sonnenberg 2002) the duration is prolonged by the extent of the processes (acreage and/or a large number of landowners), and the great number of associated projects (e.g. road and drainage projects)....

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  • ...According to the experts (see e.g. Sky 2001; Sonnenberg 2002) the duration is prolonged by the extent of the processes (acreage and/or a large number of landowners), and the great number of associated projects (e....

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Journal ArticleDOI
TL;DR: In this paper, the feasibility of land consolidation within the customary tenure by juxtaposing the local conditions of the study areas with the baseline conditions for land consolidation outlined in literature is investigated.

73 citations

01 Jan 2016

70 citations


Cites background or methods from "Fundamentals of Land Consolidation ..."

  • ...Differences in topography and quality of soil affects land reallocation which is the core of land consolidation (Lemmen et al., 2012; Sonnenberg, 2002)....

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  • ...When stakeholders are willing to participate in land consolidation it then becomes necessary have to a reliable land information system (Demetriou et al., 2013a) which provides an inventory of land ownership/use rights and also acts as a platform for verifying claims (Sonnenberg, 2002)....

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  • ...Where there exist differences in the natural attributes of lands, valuation is used as a platform for comparison and possible exchange (Sonnenberg, 2002)....

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  • ...The absence of recorded land information may also call for the creation of project based land information, however, this is difficult and time consuming, yet its correctness may not be guaranteed (Sonnenberg, 2002)....

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  • ...Sharp changes in topography and high level soil heterogeneity limits the land reallocation process during land consolidation (Lemmen et al., 2012; Sonnenberg, 2002)....

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References
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Book
01 Jun 1993
TL;DR: In this paper, the authors present a study of land readjustment in various countries: Japan Germany France Sweden Norway USA other countries, focusing on matching of land use and ownership-property structure.
Abstract: Part 1 Focus of the study: matching of land use and ownership-property structure prupose of the study structure of presentation. Part 2 Principle aims and motives of land readjustment. Part 3 Land readjustment in various countries: Japan Germany France Sweden Norway USA other countries. Part 4 Institutional framework: the role of the public sector in urban development the balance between public and private interests the balance between voluntary and obligatory. Part 5 Pre-process: initiators actors and strategies investigation of feasibility and consequences information consultation and negotiation concluding the pre-process. Part 6 Formal process: organization of the participant circle process questions conclusions of the formal process. Part 7 Post-process: appeals construction work other joint measures reinstatement measures. Part 8 Profit sharing and finance: determination of profitability and profit profit sharing between public and private participants finance.

34 citations

Book
01 Jan 1989
TL;DR: In this paper, the authors present a plan for land development in the province of California, which is based on the simplified preparation procedure, which has been used for a large number of land development projects.
Abstract: nature of the program is not likely to provide enough clear information about the details of the project to permit a meaningful vote.' 89 Indeed, some believe that the phased preparation should never be used for ruilverkaveling, but only for herinrichting.1 90 In practice, the majority of land development projects will use simplified preparation. For example, only a few of the projects in preparation during 1985 (six of fifty-nine projects) were scheduled for phased preparation.' 9' All six of these phased projects involve herinrichting. When simplified preparation is used for a project, 9" the land de185. Mentink, Ontwikkelingen in de planvorming voor landinrichtingsprojecten, 24 CULTUURTECHNISCH TIJDSCHRIFT 289, 295 (1985). 186. LANDINRICHTINGSDIENST. JAARVERSLAG 1985, supra note 51, at 16-17. 187. Interview with A.M. Burger, Landinrichtingsdienst, 7 January 1987. 188. LIW, arts. 62-69. See infra text accompanying notes 220-28. 189. LANDINRICHTINGSDIENST, JAARVERSLAG 1985, supra note 51, at 17. 190. E.g., Barlagen, Boeren, supra note 14, at 325. 191. Ministerie van Landbouw en Visserij, Besluit, 8 Oktober 1985, No. J. 5025, Bijlage, included in Landinrichtingsdienst, Landinrichtingswet (handbook for employees), Pt. iv, at 74-78. Legislative history also suggests that the simplified procedure should be the normal method of preparation in land development. See Gonggrijp-van Mourik, De Landinrichtingswet, een produkt van overtrokken planning, 45 AGRARISCH RECHT 517, 527 (1985). 192. The ensuing discussion about the plan will focus on the simplified process, which is the most frequently used as well as the most relevant for agriculture. 1988] 37 Grossman and Brussaard: The Land Shuffle: Reallocation of Agricultural Land Under the Lan Published by CWSL Scholarly Commons, 2015 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL velopment plan is established by the deputed states of the province in which the area lies, after consultation with the Central Land Development Committee.19 s In addition, the plan must be examined in light of its consistency with the physical planning policy of the province. 9 " This rather straight-forward statement, however, obscures the complicated and lengthy procedures involved in establishing the plan. 1. Preparing the Plan A draft of the plan is actually prepared by the local land development committee. The plan must contain both the facts needed for informed decisionmaking195 and the detailed provisions necessary for execution of the plan. 96 The former includes information about the existing situation, spatial development, and reasons for land development in the region; expected effects of the project on the economic situation, conditions for living and working, and the environment; and the expected financial contributions of public bodies responsible for parts of the infrastructural work. 97 The latter include specific details concerning the borders of the area (with information about the areas where reallotment of land will occur); the infrastructure elements to be developed and their location; an identification of lands destined for protection as natural areas; the plans for withdrawing lands from agriculture for nature, recreation, or other public uses; and an accurate estimate of the costs of the project.' 98 The local committee bases its draft plan on extensive research. In the phased preparation, the land development program is normally established by the provincial states, LIW, art. 42, unless that power is transferred to the deputed states, id., art. 45. The program is established after the draft is tested against the main points of provincial physical planning policy, as expressed in a regional. plan (streekplan) or other provincial decision. The information required in the program, id., arts. 35 and 36, is less detailed than that required in the plan; the program forms the foundation for the plan. Id., art. 73, lid 2. Procedures for establishing the plan are similar to those for the simplified procedure and are regulated by many of the same statutory articles. 193. LIW, art. 81. The decision to establish the plan must be accompanied by reasons. Id., art. 83, lid 1. When the deputed states deviate from the advice of the Central Committee, that decision must be reported to the Minister of Agriculture, and there is an opportunity for the government to reverse the decision of the deputed states. Id., art 82. 194. LIW, art. 88, lid b (providing substitute language for art. 81, lid 1, for projects with simplified preparation). In phased preparation, this coordination takes place in connection with the program. 195. In the phased preparation, these are included in the program, on which the decision whether to proceed is based. LIW, art. 35. 196. On the contents of the plan, see LIW, arts. 74 and 75. 197. LIW, art. 87, lid 3 & lid 4. 198. LIW, art. 75. See also A. CRIJNS, REGULATIVE PHASE, supra note 15, at 12-13. [Vol. 18 38 California Western International Law Journal, Vol. 18, No. 2 [2015], Art. 1 https://scholarlycommons.law.cwsl.edu/cwilj/vol18/iss2/1 REALLOCATION OF AGRICULTURAL LAND Early in its work, the committee usually requests a number of sector recommendations. These documents are to provide information about the existing situation and difficulties concerning agricultural structure, nature and landscape protection, landscape building, and outdoor recreation. 199 In addition, the documents are to inform the local committee of the wishes of the relevant sectors for the land development project. These wishes must be considered as the plan is formalized. 20 0 An essential part of plan formulation is evaluation, designed to determine in advance of a decision to proceed whether the relationship between costs and effects in a proposed land development project is reasonable.20 ' Since 1982, even before adoption of the Landinrichtingswet, every land development project in preparation has been evaluated, a process that serves both as a method of accounting for the use of public funds and, perhaps more importantly, as a tool for project planning. 2 The Landinrichtingswet now specifically requires evaluation as part of either the program203 or the plan. 204 This evaluation is to describe the expected consequences of land development measures for the economic situation, including work opportunities, living and working circumstances, nature and landscape, and the condition of water, soil, and air.2 0 5 Beginning early in each land development project, evaluation of these effects is carried out at several stages, according to a system called the "HELP-method. ° 2 06 The evalua199. The sector recommendations (deeladviezen) are required by art. 26 of the Regeling werkwijze, supra note 144. For phased preparation, they are required prior to preparation of the land development program. Id., art. 22. 200. One of the initial stages of plan formulation is the schetsontwerp, specified in the Regeling werkwijze, supra note 144, art. 26. This document usually contains a clarification of the spatial development, a description of the main points of the deeladviezen, an analysis of the wishes expressed in those recommendation documents, alternative schemes for improving the land development in the area, and a summary evaluation of those alternatives. This schetsontwerp forms a foundation for preparation of the draft of the plan. 201. See H. BOSMA, EVALUATION IN ADVANCE, supra note 57, at 1. For comprehensive information, see H. BOSMA, KOSTEN EN EFFECTEN, supra note 47; Bosma, The Evaluation in Advance of the Effects and Costs of Land Consolidation Projects in the Netherlands, PROCEEDINGS OF THE EIGHTH SYMPOSIUM OF THE EUROPEAN ASSOCIATION OF AGRICULTURAL ECONOMICS 293 (ed. F. Lechi)(1985). 202. H. BOSMA, KOSTEN EN EFFECTEN, supra note 47, at 213. 203. LIW, art. 35, lid l/b/6. 204. LIW, art. 87, lid 3/b. 205. LIW, arts. 35, lid l/b/6 and 87, lid 3/b. 206. H. BOSMA, KOSTEN EN EFFECTEN, supra note 47, at 212. Even earlier, under the multi-year planning that began in the late 1950s, projects were evaluated and selected on the basis of the relation between the amount invested in agricultural improvement and the expected returns to agriculture from the project. The HELP-method is specified as the means for evaluation in the Regeling werkwijze, 1988] 39 Grossman and Brussaard: The Land Shuffle: Reallocation of Agricultural Land Under the Lan Published by CWSL Scholarly Commons, 2015 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL tion process involves objective determination of the probable effects (over a thirty-year period) of a number of alternative land development designs, in comparison with the probable development of the area without land development.20 7 The evaluation considers four types of effects (economic, social, nature, and landscape), but leaves the weighing of the various effects to decisionmakers. Economic effects primarily concern agriculture;208 these include benefits from better parcelling and improved water management, as well as benefits from modernization accomplished by farmers themselves. 2 9 In addition, the reduction in working hours on the farm as the result of land development is a significant social effect.2 10 An important component of the evaluation is calculation of an internal rate of return (a cost-benefit ratio) of investments on behalf of agriculture. Projects with a rate of return lower than ten percent can only be accepted if noneconomic effects expected from the project are particularly significant.2 1' The result of the complicated and time-consuming process of evaluation is a report that explains the various effects of the proposed project and their national importance, and states the expected internal rate of return for agriculture. A summary of this evaluation report appears in the plan. The plan also states the expected annual benefit (in guilders per hectare) for livestock and grain farms, as well as the expected annual cost to owners for each hectare of agricu

14 citations