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Land reform is a form of
agrarian reform Agrarian reform can refer either, narrowly, to government-initiated or government-backed redistribution of agricultural land (see land reform) or, broadly, to an overall redirection of the agrarian system of the country, which often includes land ...
involving the changing of laws, regulations, or customs regarding
land ownership In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individual ...
. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform can, therefore, refer to transfer of ownership from the more powerful to the less powerful, such as from a relatively small number of wealthy or noble owners with extensive land holdings (e.g., plantations, large ranches, or agribusiness plots) to individual ownership by those who work the land. Such transfers of ownership may be with or without compensation; compensation may vary from token amounts to the full value of the land. Land reform may also entail the transfer of land from individual ownership—even peasant ownership in
smallholding A smallholding or smallholder is a small farm operating under a small-scale agriculture model. Definitions vary widely for what constitutes a smallholder or small-scale farm, including factors such as size, food production technique or technology ...
s—to government-owned collective farms; it has also, in other times and places, referred to the exact opposite: division of government-owned collective farms into smallholdings. The common characteristic of all land reforms, however, is modification or replacement of existing institutional arrangements governing possession and use of land. Thus, while land reform may be radical in nature, such as through large-scale transfers of land from one group to another, it can also be less dramatic, such as regulatory reforms aimed at improving land administration. Nonetheless, any revision or reform of a country's land laws can still be an intensely political process, as reforming land policies serves to change relationships within and between communities, as well as between communities and the state. Thus even small-scale land reforms and legal modifications may be subject to intense debate or conflict.


Land usage and tenure

Land ownership and tenure can be perceived as controversial in part because ideas defining what it means to access or control land, such as through "land ownership" or "land tenure", can vary considerably across regions and even within countries. Land reforms, which change what it means to control land, therefore create tensions and conflicts between those who lose and those who gain from these redefinitions (see next section).Boone, Catherine. "Property and Constitutional Order: Land Tenure reform and the Future of the African State." ''African Affairs''. 2007. 106: 557–586. Western conceptions of land have evolved over the past several centuries to place greater emphasis on individual land ownership, formalized through documents such as land titles. Control over land, however, may also be perceived less in terms of individual ownership and more in terms of
land use Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long ...
, or through what is known as land tenure. Historically, in many parts of Africa for example, land was not owned by an individual, but rather used by an extended family or a village community. Different people in a family or community had different rights to access this land for different purposes and at different times. Such rights were often conveyed through oral history and not formally documented. These different ideas of land ownership and tenure are sometimes referred to using different terminology. For example, "formal" or "statutory" land systems refer to ideas of land control more closely affiliated with individual land ownership. "Informal" or "customary" land systems refer to ideas of land control more closely affiliated with land tenure. Terms dictating control over and use of land can therefore take many forms. Some specific examples of present-day or historic forms of formal and informal land ownership include: * Traditional land tenure, as practiced by the indigenous tribes of Pre-Columbian North America. * Feudal land ownership, through
fiefdom A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of f ...
s *
Life estate In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may ...
, interest in real property that ends at death. *
Fee tail In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
, hereditary, non-transferable ownership of real property. * Fee simple. Under
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, this is the most complete ownership interest one can have in real property. *
Leasehold A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
or
rental Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for a ...
* Rights to use a common * Sharecropping * Run rig and
rundale The rundale system (apparently from the Irish Gaelic words "Roinn" which refers to the division of something and "Dáil", usually meaning meeting or assembly) was a form of occupation of land in Ireland, somewhat resembling the English common fiel ...
*
Well-Field System The well-field system () was a Chinese land redistribution method existing between the ninth century BCE (late Western Zhou dynasty) to around the end of the Warring States period. Its name comes from Chinese character 井 (''jǐng''), which ...
*
Easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
s * Kibbutz and moshav * Satoyama * Agricultural labor – under which someone works the land in exchange for money, payment in kind, or some combination of the two * Collective ownership * Access to land through a membership in a
cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-contro ...
, or shares in a corporation, which owns the land (typically by fee simple or its equivalent, but possibly under other arrangements). * Government
collectives A collective is a group of entities that share or are motivated by at least one common issue or interest, or work together to achieve a common objective. Collectives can differ from cooperatives in that they are not necessarily focused upon an ...
, such as those that might be found in communist states, whereby government ownership of most agricultural land is combined in various ways with tenure for farming collectives.


Motivation

Land reform is a deeply political process and therefore many arguments for and against it have emerged. These arguments vary tremendously over time and place. In the twentieth century, many land reforms emerged from a particular political ideology, such as communism or socialism. In the 19th century in colonized states, a colonial government may have changed the laws dictating land ownership to better consolidate political power or to support its colonial economy. In more recent times, electoral mobilization and the use of land as a patronage resource have been proposed as possible motivations for land reform efforts, such as the extensive redistributive land reforms of Robert Mugabe in Zimbabwe.


Arguments for

Arguments in support of land reform focus on its potential social and economic benefits, particularly in developing countries, that may emerge from reforms focused on greater land formalization. Such benefits may include eradicating food insecurity and alleviating rural poverty. Arguments in support of such reforms gained particular momentum after the publication of ''The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else'' by Peruvian economist Hernando de Soto in 2000. The poor, he argues, are often unable to secure formal property rights, such as land titles, to the land on which they live or farm because of poor governance, corruption and/or overly complex bureaucracies. Without land titles or other formal documentation of their land assets, they are less able to access formal credit. Political and legal reforms within countries, according to de Soto, will help to include the poor in formal legal and economic systems, increase the poor's ability to access credit and contribute to economic growth and poverty reduction. Many international development organizations and bilateral and multilateral donors, such as the World Bank, have embraced de Soto's ideas, or similar ideas, about the benefits of greater formalized land rights. This has translated into a number of development programs that work with governments and civil society organizations to initiate and implement land reforms. Evidence to support the economic and pro-poor benefits of increased formalized land rights are, however, still inconclusive according to some critics (see "Arguments against land reform" below). Other arguments in support of land reform point to the need to alleviate conflicting land laws, particularly in former colonies, where formal and informal land systems may exist in tension with each other. Such conflicts can make marginalized groups vulnerable to further exploitation. For example, in many countries in Africa with conflicting land laws, AIDS stigmatization has led to an increasing number of AIDS widows being kicked off marital land by in-laws. While the woman may have both customary and statutory rights to the land, confusion over which set of laws has primacy, or even a lack of knowledge of relevant laws, leave many AIDS widows at a significant disadvantage. Also, conflicting formal and informal land laws can also clog a country's legal system, making it prone to corruption. Additional arguments for land reform focus on the potential environmental benefits of reform. For example, if reform leads to greater security of land ownership, through either formal or informal means, then those that use the land will be better stewards of it. Land reforms carried out in Japan, Taiwan and South Korea are credited with contributing to the industrial development. The equitable distribution of land led to increasing agricultural outputs, high rural purchasing power and social mobility.


Arguments against

Many of the arguments in support of land reform speak to its potentially positive social and economic outcomes. Yet, as mentioned previously, land reform is an intensely political process. Thus, many of those opposed to land reform are nervous as to the underlying motivations of those initiating the reform. For example, some may fear that they will be disadvantaged or victimized as a result of the reforms. Others may fear that they will lose out in the economic and political power struggles that underlie many land reforms. Other groups and individuals express concerns about land reforms focused on formalization of property rights. While the economic and social benefits of formalized land rights are often touted, some research suggests that such reforms are either ineffective or may cause further hardship or conflict. Additional arguments against land reform focus on concerns over equity issues and potential elite capture of land, particularly in regards to reforms focused on greater land formalization. If improperly or inadequately implemented, critics worry that such reforms may further disadvantage marginalized groups such as indigenous communities or women. These concerns also lead to questions about the institutional capacity of governments to implement land reforms as they are designed. Even if a country does have this capacity, critics worry that corruption and patrimonialism will lead to further elite capture. In looking at more radical reforms, such as large-scale land redistribution, arguments against reform include concerns that redistributed land will not be used productively and that owners of expropriated land will not be compensated adequately or compensated at all. Zimbabwe, again, is a commonly cited example of the perils of such large-scale reforms, whereby land redistribution contributed to economic decline and increased food insecurity in the country. In cases where land reform has been enacted as part of socialist
collectivization Collective farming and communal farming are various types of, "agricultural production in which multiple farmers run their holdings as a joint enterprise". There are two broad types of communal farms: agricultural cooperatives, in which member- ...
, many of the arguments against collectivization more generally apply.


National efforts

An early example of land reform was the Irish Land Acts of 1870–1909. Most all newly independent countries of Eastern and Central Europe implemented land reforms in the aftermath of
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
. In most countries, the land in excess of certain limits (, depending on the region and type of land) was expropriated; in
Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
, it was redeemed and placed into a special fund.Gediminas Vaskela
The Land Reform of 1919–1940: Lithuania and the Countries of East and Central Europe


See also

* Adverse possession * '' Agrarian Justice'' *
Agrarian reform Agrarian reform can refer either, narrowly, to government-initiated or government-backed redistribution of agricultural land (see land reform) or, broadly, to an overall redirection of the agrarian system of the country, which often includes land ...
* Certificate of occupancy * Chinese Land Reform * Citizen's Dividend * Concentration of land ownership * Classical rent *
Collectivization in the Soviet Union The Soviet Union introduced the collectivization (russian: Коллективизация) of its agricultural sector between 1928 and 1940 during the ascension of Joseph Stalin. It began during and was part of the first five-year plan. Th ...
* Common land * Dekulakization * Differential and absolute ground rent * Eminent domain *
Enclosure Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or " common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...
* ''
Freiwirtschaft (German language, German for "free economy") is an economic idea founded by Silvio Gesell in 1916. He called it ' (natural economic order). In 1932, a group of Swiss businessmen used his ideas to found the WIR Bank (WIR). Structure Freiwirtschaft ...
'' * Frente Unido de Reforma Agraria *
Gentrification Gentrification is the process of changing the character of a neighborhood through the influx of more affluent residents and businesses. It is a common and controversial topic in urban politics and planning. Gentrification often increases the ec ...
*
Georgism Georgism, also called in modern times Geoism, and known historically as the single tax movement, is an economic ideology holding that, although people should own the value they produce themselves, the economic rent derived from land—includi ...
* Homestead principle * Land (economics) *
Land Acts (Ireland) The Land Acts (officially Land Law (Ireland) Acts) were a series of measures to deal with the question of tenancy contracts and peasant proprietorship of land in Ireland in the nineteenth and twentieth centuries. Five such acts were introduced by ...
*
Land banking Land banking is the practice of aggregating parcels of land for future sale or development. While in many countries ''land banking'' may refer to various private real estate investment schemes, in the United States it refers to the establishme ...
*
Land claim A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, A ...
*
Land consumption Land consumption as part of human resource consumption is the conversion of land with healthy soil and intact habitats into areas for industrial agriculture, traffic (road building) and especially urban human settlements. More formally, the EE ...
* Land grabbing * Land law * Landlessness *
Land consolidation Land consolidation is a planned readjustment and rearrangement of fragmented land parcels and their ownership. It is usually applied to form larger and more rational land holdings. Land consolidation can be used to improve rural infrastructure and ...
* '' Land Reform in Developing Countries'' *
Land reforms by country Agrarian reform and land reform have been a recurring theme of enormous consequence in world history. They are often highly political and have been achieved (or attempted) in many countries. Latin America Brazil Getúlio Vargas, who rose to presi ...
*
Land tenure In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individual ...
* Land titling *
Land value tax A land value tax (LVT) is a levy on the value of land (economics), land without regard to buildings, personal property and other land improvement, improvements. It is also known as a location value tax, a point valuation tax, a site valuation ta ...
*
Manorialism Manorialism, also known as the manor system or manorial system, was the method of land ownership (or "tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes forti ...
* México Indígena * Mutualism *
Natural capital Natural capital is the world's stock of natural resources, which includes geology, soils, air, water and all living organisms. Some natural capital assets provide people with free goods and services, often called ecosystem services. All of t ...
* Nonpossessory interest in land * Profit (real property) *
Real estate appraisal Real estate appraisal, property valuation or land valuation is the process of developing an opinion of value for real property (usually market value). Real estate transactions often require appraisals because they occur infrequently and every pr ...
*
Restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
*
Serfdom Serfdom was the status of many peasants under feudalism, specifically relating to manorialism, and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery, which deve ...
* Settler * Speculation * Squatting *
Stolypin reform The Stolypin agrarian reforms were a series of changes to Imperial Russia's agricultural sector instituted during the tenure of Prime Minister Pyotr Stolypin. Most, if not all, of these reforms were based on recommendations from a committee known ...
* Usufruct * Water scarcity * Zapatismo


References


Further reading

* * Caralee McLiesh and Richard E. Messick, Moderators. (2004)
"Can Formal Property Titling Programs Ensure Increased Business Investments and Growth?"
World Bank The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
. * Ciparisse, Gérard. (2003)
Multilingual Thesaurus on Land Tenure
Food and Agriculture Organization (FAO) of the UN. . * Cahill, Kevin. "Who Owns The World: The Hidden Facts Behind Landownership", Mainstream Publishing, 2006, . . ** Cahill, Kevin. "Who Owns Britain: The Hidden Facts Behind Landownership in the UK and Ireland", Canongate Books, 2002. . . *
Michael Lipton Michael Lipton (born 13 February 1937) is a British economist specialising in rural poverty in developing countries, including issues relating to land reform and urban bias. He has spent much of his career at the University of Sussex, but als ...
, Land Reform in Developing Countries: Property rights and property wrongs, Routledge, 2009 * R. H. Tawney, ''Land and Labour in China'' New York, Harcourt Brace & Company (1979). 3rd Edition. . . * Fu Chen, Liming Wang and John Davis
"Land reform in rural China since the mid-1980s"
a publication of the Sustainable Development Department of the United Nations'
Food and Agriculture Organization The Food and Agriculture Organization of the United Nations (FAO)french: link=no, Organisation des Nations unies pour l'alimentation et l'agriculture; it, Organizzazione delle Nazioni Unite per l'Alimentazione e l'Agricoltura is an intern ...
(FAO). * William H. Hinton. '' Fanshen: A Documentary of Revolution in a Chinese Village''. New York: Monthly Review Press, 1966. . . * Ho, Peter. (2001, June)
''Who Owns China's Land? Policies, Property Rights and Deliberate Institutional Ambiguity''
The China Quarterly, Vol. 166, June 2001, pp. 387–414 ** Ho, Peter. (2006). "Institutions In Transition: Land Ownership, Property Rights and Social Conflict in China''. Oxford and New York: Oxford University Press. . . * Mark Moyar

Presented at 1996 Vietnam Symposiu



on site of ''TEHO'' magazine. * Rudzani Albert Makhado and Kgabo Lawrance Masehela. (2012). Perspectives on South Africa's Land Reform Debate. Lambert Academic Publishing, Germany. . . * Henry George, "
Progress and Poverty ''Progress and Poverty: An Inquiry into the Cause of Industrial Depressions and of Increase of Want with Increase of Wealth: The Remedy'' is an 1879 book by social theorist and economist Henry George. It is a treatise on the questions of why pover ...
: An inquiry into the cause of industrial depressions and of increase of want with increase of wealth: the remedy", 1879. * Groppo, Paolo. (1998)
Land Reform: Land Settlement and Cooperatives Bulletin
Food and Agriculture Organization (FAO) of the UN. * Krogh, Peter Frederic. (1986)
U.S. and Third World Land Reform
American Interests
Dean Peter Krogh Foreign Affairs Digital Archives
School of Foreign Service, Georgetown University. * Goodman, Amy. (2010)
Global Food Security and Sovereignty Threatened by Corporate and Government “Land Grabs” in Poor Countries
''
Democracy Now! ''Democracy Now!'' is an hour-long American TV, radio, and Internet news program hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live each weekday at ...
''. * Wallace, Alfred Russel. (1882)
Land Nationalisation: Its necessity and its aims: Being a comparison of the system of landlord and tenant with that of occupying ownership in their influence on the well-being of the people


External links


Land Research Action Network: News, Analysis, and Research on Land Reform

Land, Territory and Dignity Forum

Landesa
- Securing land rights for the world's poorest. {{Authority control Land administration Marxist theory Agricultural policy Decolonization Wealth concentration Plantations Social democratic concepts