Namati’s Post

We have existing laws to integrate traditional villages to the wider urban community but not implementing them. One of the misconception we have is land use and land tenure. Traditionally, the owner of the land decides its use. In a modern urban setting, urban plans dictate its use. We need to get this right and then implement the Physical Planning Act of 1989 to integrate traditional villages to the formal urban community.

Vixen Tor is a distinctive, craggy granite outcrop on the western side of #Dartmoor, the largest and highest upland area in southern England. But this secluded moorland beauty spot, with a right to roam provided by the Countryside and Rights of Way Act 2000, is hard to get to. Surrounded by private land, this tor is one of around 2,500 access islands in #England and #Wales. Other examples include Gillcambon in the northern #LakeDistrict and land near the village of Wylye in #Wiltshire. These wild places are open to the public but can only be accessed by helicopter or by trespassing over private land. The right to roam campaign to draw attention to these legally inaccessible islands has been popularised by veteran campaigners such as authors Guy Shrubsole and Nick Hayes. These advocates for access contend that it is now time to rethink access law in England and Wales. Based on my research into environmental and land law, I argue access islands seem to be a legacy of laws that have been poorly executed, and outdated before even coming into force. The campaign for a right to roam predates the #Labourparty, but gained momentum under the post-war Labour movement. In fact, the promise of a wider right to roam over the #English countryside can be found in most of the Labour party’s post-war #generalelection #manifestos. This included the manifesto that preceded Blair’s 1997 landslide victory, which had promised “greater freedom for people to explore our open countryside”. Blair had promised to govern as new Labour however, and sought to distance his party’s policies from those of his predecessors. This included support for the politics of the “third way”. This was a controversial ideology inside his own party, positing that political solutions are not always found on the left or the right, but can draw on a range of ideas with an aim of finding balance and compromise. The Countryside and Rights of Way Act 2000 can be seen as a product of this era, balancing a limited right to roam on foot with significant powers for landowners to close their land temporarily. Specifically, the right to roam extended to common land, and to mountain, moor, heath and down, all described in this act as open country. Access was not extended to more accessible lowland areas, other agricultural land or woodland. There are no access islands in #Scotland, however, where access laws are more generous than those in England and Wales. The Land Reform (Scotland) Act contains a presumption in favour of the right of access, with small exceptions such as private gardens, schools and industrial land. By contrast, access law in England and Wales works on a presumption of trespass, with small exceptions allowing access.

The Scottish government has introduced the Land Reform (Scotland) Bill to parliament. The provisions within the Bill would oblige larger land holdings (over 3,000 hectares or 1,000 hectares for inhabited islands) to engage with communities to produce and review publicly available management plans for their land which will share their objectives and vision. It also provides a greater opportunity for community bodies to register an interest in buying land holdings through the community right-to-buy process. Once such an interest has been registered, the land cannot be sold until the registered body has been given notice, whereupon it can activate its right to buy, if so required. This essentially puts an end to off-market sales. The Bill has a measured aim to diversify land ownership too, meaning properties over 1,000 hectares cannot be sold until a lotting decision has been made by the government. The Bill would also revise agricultural tenancy law, including rent review, compensation for improvements and resumption and end of tenancy (waygo) procedures as well as the introduction of model terms for environmental leases. Separately the Scottish government has announced that a review of community right-to-buy powers will start this summer and report at the end of 2025.

Land reforms and property rights are intertwined, with land reforms often aiming to redistribute land for social justice and agricultural efficiency. However, these reforms often conflict with established notions of property rights, which underpin the economic and legal systems in many societies. Legal theorists emphasize the importance of fairness and equality under the law, but also emphasise the value of individual rights, including property rights, which these reforms jeopardize. Property rights are the cornerstone of a free-market economy, incentivizing investment, fostering economic growth, and ensuring efficient resource allocation. In Australia, land reforms have often been intertwined with indigenous rights and environmental concerns, such as the Native Title Act of 1993. Environmental factors have also influenced Australian land reforms, with policies aimed at conservation often clashing with property rights in rural and remote areas. The impact of land reforms on property rights is a narrative of contrasts and conflicts, with the Australian experience exemplifying these complexities. #economics #property #propertyrights #security #interventionism #land #investment #freedom  https://lnkd.in/g3_TBCVT

As someone committed to the principles of reconciliation and sustainable land management, I find the government's decision to cancel the Land Act amendment deeply disappointing. This amendment represented a step towards rectifying historical injustices and ensuring Indigenous communities have a meaningful voice in the management of lands they have been connected to for millennia. The cancellation not only halts progress towards inclusivity and reconciliation but also undermines efforts to create more sustainable and harmonious relationships with our natural resources. In sharing this news, I hope to spark a conversation about the importance of inclusive land management and the need for policies that truly reflect the diversity and depth of our relationships with the land. https://lnkd.in/gsG7MJrc

I am of the view that Parliament cant amend any law without public participation. This follows logically since the mother law is a product of public participation. Parliaments therefore hijacks the will of the people by inserting clauses with serious implications, but only known to themselves! This may also be illegal! Laws are made in s very systematic manner. Most of the times, the amendments are politically and/or whimsically prompted, and may end up contradicting the very premise of the laws!. A law requires a linked policy which it supports. therefore, the process of amending laws with no reference to policies is technically faulty and problematic! MPs are not really law makers! They approve the laws, usually with amendments. But most have no idea about the issues contextualized in the policy documents. This usually gives rise to laws that immediately face implementation challenges. Its no wonder, that few laws in Kenya, survive one year without requiring to be revised.

💡 The Government published the Planning and Development Bill 2023 yesterday evening. When signed into law, it will revise, extend, and consolidate the Planning and Development Act 2000.    The Bill will now go through five stages of review and debate in Dáil Éireann, before a further five stages in Seanad Éireann. A final Bill is then signed into law by the President. This process is anticipated to be completed in Q1 2024.    Key reforms include:   📰 Significant restructuring and resourcing of An Bord Pleanála, which will be renamed An Coimisiún Pleanála 📈 Increased certainty across the planning system through the introduction of statutory timelines for decision-making, including for the first time, for An Coimisiún Pleanála 🔎 Reform of planning Judicial Review, including the introduction of a Scale of Fees and Environmental Legal Cost Financial Assistance Mechanism; improving access to justice whilst regulating excessive legal costs 🏙 New provisions for Urban Development Zones, underpinning key growth areas 🗞New strategic ten-year Development Plans for Local Authorities   The Bill and explanatory memorandum can be accessed here: https://lnkd.in/eigqA9qZ   Savills Ireland is currently reviewing the 700+ page Bill and explanatory memorandum. Should you have any queries about the recent publication, please contact Raymond Tutty, Head of Planning.  

Vietnam's revised land law won’t stop unfair land grabs: critics Opponents say corrupt officials and real estate companies will still benefit while the public suffers. But a former deputy minister of the Ministry of Natural Resources and Environment, Dang Hung Vo, said the fact that national and provincial officials have the ultimate say on land use is one of the main problems in the real estate sector. “We must have an effective mechanism because the current one is that the state decides everything,” he told Radio Free Asia on Thursday, adding that this leads to an inefficient housing market. The revised law specifies 32 instances where land can be taken by the state to serve socio-economic purposes. These must be public works projects such as the construction of government agency headquarters and public housing or land auctions to raise revenue for the state budget. https://lnkd.in/gJRHKbti

“The draft Land Law (amended) is constructed based on a review and summary of the practical implementation of legal policies on land over the past period. The proposed amendments in the draft focus on issues related to land allocation, land leasing, compensation, land clearance, policies facilitating stable business operations for enterprises in cases of land allocation and annual land leasing payments, financial mechanisms, funds, land prices, regulations on decentralisation, authorisation, administrative procedure reform,” said Dao Trung Chinh, Director of the Department of Land Resources Planning and Development, Ministry of Natural Resources and Environment.   Explore the full article at https://lnkd.in/gdvP96eJ   #LandLawAmendment #LegalPolicies #VietNamLaw #National

Enclosed is urgent directive, issued by the Prime Minister of Vietnam, addresses the implementation of Land Law No. 31/2024/QH15. The directive is aimed at expediting the integration of this law into practice, to have it take effect from July 1, 2024. Various ministries are assigned specific tasks to facilitate this process. (i) The Ministry of Natural Resources and Environment is instructed to collaborate with relevant ministries and agencies to propose detailed decrees to the Government. These decrees will cover various aspects, including land investigation, registration, compensation policies, land pricing, coastal encroachment regulations, and administrative penalties related to land matters. Additionally, the Ministry will oversee the issuance of technical regulations concerning land surveys, protection, restoration, and the management of land-related documents. (ii) The Ministry of Finance is tasked with proposing decrees related to land development funds and the collection of land use fees and rentals. Moreover, it will oversee the issuance of regulations governing the management and utilization of exploitation and use fees for land-related documents. (iii) Other ministries, such as the Ministry of Agriculture and Rural Development, the Ministry of Labor - Invalids and Social Affairs, and the Ministry of Home Affairs, are also assigned specific responsibilities related to land matters. Furthermore, provincial People's Councils and People's Committees are directed to issue legal documents to specify the implementation of the Land Law at the local level. The directive emphasizes the need for prompt action to ensure compliance with the Prime Minister's instructions and the deadlines set forth in Decision No. 222/QD-TTg issued on March 5, 2024. It also mandates close monitoring and reporting of the progress made by the Government Office to the Prime Minister and Deputy Prime Minister. ---------- VSE LAWYERS #VSE #VSE_LAWYERS #LandLaw