Setting It Up - Institutional Issues

Table of Contents for:

Reforming Urban Land Policies and Institutions in Developing Countries.
Farvacque, Catherine and Patrick McAuslan. 1992. The World Bank, Urban Management Program.

1. Introduction
Land Markets: What are the Rules of the Game?
What Works and What Doesn't
The Political Dimension
Scope and Objectives of The Report
Targeted Audience
Structure of the Report
How Does the Formal System Work?
Why is it not working?
What can be Done to Improve the Existing Situation

II. The Formal Path: An Often Long and Confusing Journey Toward Legal Status
Access to Land
Getting Through the Land Registration Process
Getting Through the Land Development Process

III. What is Blocking the Land Management Process: The Governance of Land and the Gatekeepers

The Governance of Land

    The Law
    What is Wrong With the Existing Legal System in Developing Countries?
    Who Gains and Who Loses From Such a Situation?

The Gatekeepers of the System: Issues and Trends

    Central Government Bodies
    Local Governments
    Urban Development Authorities
    Land Administration Agencies
    Traditional Authorities
    Private Consumer's Organizations: A Look at NGOs and Cooperatives
    Nongovernmental Organizations (NGOs)

IV. What is Blocking the Land Management Process: A Look at Policy Instruments

Property Rights

    Forms of Land Tenure and Their Characteristics
    Statutory Systems
    Diversions from the Statutory Systems: The Many Shades of Informality
    A Third Set of Tenure Systems: The Survival of Customary Systems
    Policy Issues Related to Tenure
    Freehold v Leasehold
    Landlord-Tenant Relations
    Restrictions on Transactions
    Techniques of tenure Reform

Registration of Transactions and Titles

    What is Land Registration?
    Why is Registration Important?
    Costs and Benefits of Registration
    Registration for Whose Benefit?
    Registration, Security of Tenure, and Resolution of Disputes
    Registration and Revenue-Raising
    What Hampers the Reform of Registration Systems in Developing Countries?
    Institutional Problems
    Technical Problems
    Financial Problems
    Motivation Problems

Land-Use regulatory Framework

    Impact of These Constraints on the Land Markets
    Supply of Land
    Costs of Development
    The Way Forward
    Is Deregulation the Way to Go?
    What Should be the Role of the Planner?

Direct Public Interventions in the Acquisition of Land
Nationalization of Land
Compulsory Acquisition /Eminent Domain
What is the Purpose of Compulsory Acquisition
Land Banking
Clearance and Redevelopment/Resettlement
Land Readjustment

The Way Forward

Winners and Losers

V. The Path of Reform

Priorities and Principles
The Basic Issues in Urban Land Management
Strategies for Action

Framework for Reforms
Institutional Reforms
Administrative Institutions
Legal Institutions
Institutions of the Private Sector
Reforms of Instruments
Land tenure
Land-use Regulations
Public Intervention

Expected Results and Beneficiaries


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