政府辦理區段徵收希望帶動新社區的繁榮，達成都市整體發展，取得公共設施用地及節省龐大建設經費支出等之目標，而地主希望藉由政府的開發行為，享有土地利用價值提高、公共設施完善等好處，然而所謂的公私互蒙其利，共創政府與民眾雙贏的開發方式，卻仍常產生地主為了財產權保障抗爭之情形而導致區段徵收作業延宕，因此，本研究以高鐵新竹車站特定區區段徵收案為例，針對地主選擇行為進行探討，透過群落分析歸類地主選配抵價地的型態，經由因子分析找出影響選配抵價地行為之因子，最後藉由羅吉特建立地主選配抵價地模型，希望可以提供政府部門及地主在選配抵價地之參考。研究結果如下： 一、 透過群落分析，予以歸類分析，劃分易於解釋的分配類型，可獲得二個群組四個方案，由此可瞭解地主選配抵價地型態。 二、 參與抵價地配地作業以男性地主居多，以年齡層多集中於中年左右，受訪地主多為已婚；受訪地主針對各項選配抵價地之影響因素均表示影響程度上都是以影響很大為居多，其中受訪地主多數認為使用分區類別、面前街道寬度、鄰近嫌惡設施程度、坵塊形狀、街廓評議地價高低等因素對於選配抵價地影響很大，又以鄰近嫌惡設施程度為居高。 三、 經由研究得知目前政府提供予地主之資訊管道不足或宣傳不周，對於整體區段徵收作業仍需加強與地主資訊的傳遞，以及充分公開整體計畫內容。 四、 部份地主不太滿意先抽籤再選配街廓的抵價地配地作業方式，其原因有主要為因籤號先後導致無法選配期望街廓佔多數，其次為權利價值較小者可能無法選配街廓，而需再與他人合併分配。 五、 建構八種類型之二項羅吉特模式，並透過AIC及SC值找出能力較佳的群組方案，由方案中得知地主多數還是以居住適宜性及小規模開發為主要。 六、 由二項羅吉特模式實證結果顯示，模型共通變數為土地變數的使用分區類別、基地最小開發規模訂定、鄰近嫌惡設施程度、緊臨遊憩設施狀況、坵塊座向，以及地主行為變數面前街道寬度影響程度、鄰近嫌惡設施影響程度、區段徵收前土地座落位置影響程度、性別、學歷、職業等等，均顯著影響地主選配抵價地之行為。 / Zone-expropriation by government hopes to achieve these targets like exciting new community's prosperity, achieving the overall development of the new city, accessing the public facilities and saving huge expenditures. By the government's development activities, the landlords enjoy the benefits of increased value of land and good public facilities. Handling Zone expropriation creates a win-win situation between the Government and the landlords. However, in the process of Zone-expropriation often generate opposition of landowners to protect their property rights which led to delays in Zone-expropriation operations. Therefore, this study of THSR (Taiwan High Speed Rail) Hsinchu Station Zone- expropriation as an example and discuss the landowner’s choice behavior. Through cluster analysis classified the landowner’s choice behavior. And by factor analysis to identify the major factors of landlord’s choice behavior. Finally by Logit modeling the landlord model hopes to provide some valuable suggestions for government. The study results are as follows: 1. Through cluster analysis, the study classified and divided into two groups that are easy to explain. The two groups contain four plans each and they can explain the landlord’s choice behavior. 2. Landlords of participation of Zone-expropriation are mostly male with age around 40 to 60 years old. These mostly married landlords think these are the major factors, the use of zoning category, the street width, the neighboring facilities, the shape of street block, the value of street blocks. The neighboring facilities rank the top 1 factor. 3. Through the research shows that government lacks of information or promotional channels. Government should improve the communication with landlords and fully disclosed the contents of the overall Zone-expropriation plan. 4. Landowners are not satisfied by the flow of ballot at first and then land choosing. The major reason is landlords can not choose the expected lands after ballot. And the second reason is the land loads with smaller land value can not choose street blocks unless they combine with other landlords’ land value and choose the expected land. 5. In the study, construction of eight types of models from two of Logit modeling, through the AIC and SC values come out the better group and plan. It shows the better plan is the small-scale residential development and good environment for the most landlords. 6. By the empirical results from Logit model show that model common variables are the land use zoning category, the base size of the minimum development, near the level of aversion facilities, recreational facilities close to the zone, street block location, the width of the street, the impact of land location before zone expropriation, gender, education, occupation, etc. They are significantly affected the selection behavior of land choice.

In this thesis I interrogate the possibility of 'willing and social' work participation in industrial organisation. I draw on Habermas's (1976, 1979, 1984 & 1987) work to synthesise marxist and weberian ideas, and to derive a socio -cultural or cultural Marxist perspective on Capitalism. From this position I highlight the limitations of social action in theories of organisation and work. Moreover, I theoretically derive a model of work participation that acknowledges broader orientations to work. I interrogate that model of work participation in a study of four dominant forms of industrial organisation. Those organisations are SEQEB the South East Queensland Energy Board, Eagle Boy Pizzas in Queensland, the New South Sugar Milling Cooperative Ltd, and Budge -Ellis Staff Co-operative. Gathering data for this study involved both primary and secondary research. I used a comparative and longitudinal field research approach, unstructured interviews with an interview guide, and the collection of documents recommended by interviewees. I interviewed people working in the organisations and relevant government agencies. My research involved travel in Queensland and New South Wales, Australia. Ultimately, I produce a sociologically informed model for the establishment of 'willing and social' work participation. I conclude work participation exists within the context of capitalism, and social relations - either formally free or free; that work participation is directly influenced by rational configurations of the world of work comprising economic, political and social worldviews; and I argue the dominance of a worldview depends on whether the political action premises of buffering and shoring successfully neutralise competing worldviews; and whether the moral dictums or espoused values of work are prescribed or invoked and result in the exploitation or deployment of internal values. My thesis points in the direction of further work on co-operative forms of organisation and work and their commonweal ideologies. In particular, my findings demonstrate a crowding out of co-operative forms and ideologies, not only by capitalist forms but also by trade union collectives. The type of research I suggest has the potential to increase the legitimation of co-operative forms of organisation. Although, the Australian co-operative movement has many achievements there remains the problem of establishing a socially progressive rationality that makes practical or operational sense to people at work. The emancipator ideal of willing and social work participation is intended to epitomise the goals of the enlightenment project, and to lead in that direction.

The study has been prompted by the gap that exists regarding gender and land in Zimbabwean fiction. The study therefore seeks to interrogate the gender and land ownership discourse in Shona fiction in relation to the current conflict of access to land by race, class and gender. The study therefore examines the following fictional works; Feso (1956), Dzasukwa-Mwana-Asina-Hembe (1967), Pafunge (1972), Kuridza Ngoma Nedemo (1985), Vavariro (1990) and Sekai Minda Tave Nayo (2005). Of significance is the fact that the selected fictional works traverse the different historical periods that Zimbabwe as a nation has evolved through. Apart from analysing the selected fictional works, the study also collected data through open-ended interviews and questionnaires to triangulate findings from the fictional works. The selected fictional writers present the different experiences of black Zimbabweans through land loss and the strategies taken by the indigenous people in trying to regain their lost heritage, the land. The exegesis of the selected fictional works is guided by Afro-centred perspectives of Africana Womanism and Afrocentricity. Findings from most of the selected fictional works reveals the selective exclusion of blacks, both male and female, from accessing land and other vital resources from the colonial right up to post-independence periods in Zimbabwe. The study observes that Shona traditional culture accorded both genders the requisite space in terms of land ownership in the pre-colonial period. The study also establishes that colonialism through its numerous legislations stripped black men and women of the fertile land which they formerly collectively owned. The study also establishes that disillusioned black men and women worked extremely hard to regain their lost land as reflected in the unsanctioned land grabs as well as the government sanctioned Fast Track Land Reform Programme. Recommendations for future research include the expansion of such research to include works of fiction in other languages as well as different genres. Future land policies stand to benefit from the inclusion of women in decision making since women the world over have been confirmed as workers of the land. This is likely to deal with the gender divide regarding land ownership patterns both within and outside Zimbabwe. / African Languages / D. Litt. et Phil. (African Languages)

The extractive activity carried out by the mangaba collectors of the municipality of Barra dos Coqueiros has been historically marked by disputes and conflicts between these representatives of the local traditional communities and the owners of lands where these workers perform a considerable part of their activity. However, even this scenario unfavorable to the social and cultural reproduction of these communities, governed by the unequal relations established in the conflict between the use and the legal ownership of the land, never endangered the continuity of the patrimonial activity of the mangaba collectors nor its perspective of permanence in the rural area of the municipality. Since the first decade of the twentieth century, however, the process of production of the area governed by financial capital, which had the construction of the Aracaju - Barra dos Coqueiros Bridge in 2006, provoked a damaging intensification of real estate speculation in the municipality In accordance with the sociometabolic logic of capitalist accumulation which, in its spatial adjustments, has appropriated vast areas of its rural space by constructing a series of real estate projects, such as closed condominiums of houses, apartments and urbanized lots The creation of large open lots areas. This process of appropriation of space by the real estate market has largely reached the way of life and work of local traditional communities, which follow a logic of work and production that depends, moreover, on extractivism in areas of which they do not have legal ownership. Thus, these social subjects have been seriously precarious with the process of urban expansion that intensively reduces the areas available for extractivism of the restinga fruits, completely compromising their autonomy from the land, and with that, also their permanence in the agrarian space Of the municipality. In another facet of state action, the municipal administration of Barra dos Coqueiros has also promoted serious impediments to the survival and permanence of the mangaba collectors of the municipality, by defining the areas of the local villages as urban perimeters, thereby imposing the collection of High rates of IPTU, which can hardly be paid by these social subjects. Thus, in multideterminations, the capitalist State establishes the proposal of urban expansion as a model of development, against which these social subjects must articulate and organize themselves in their struggle, inscribed in the universality of the expansion of capital over the peasant territories, Struggle to remain on earth, condition of life, production and autonomy. / A atividade extrativista desempenhada pelas catadoras de mangaba do município de Barra dos Coqueiros tem sido historicamente marcada por disputas e conflituosidades entre essas representantes das comunidades tradicionais locais e os proprietários de terras onde essas trabalhadoras realizam parte considerável de sua atividade. Todavia, mesmo esse cenário desfavorável à reprodução social e cultural dessas comunidades, regido pelas relações desiguais estabelecidas no conflito entre o uso e a propriedade legal da terra, nunca chegou a por em risco a continuidade da atividade patrimonial das catadoras de mangaba e tampouco sua perspectiva de permanência no espaço rural do município. Entretanto, desde a primeira década do século XX, o processo de produção do espaço regido pelo capital financeiro e que teve como estopim a construção da Ponte Aracaju – Barra dos Coqueiros no ano de 2006 tem provocado uma danosa intensificação da especulação imobiliária no município, especializada de acordo com a lógica sociometabólica da acumulação capitalista que, em seus ajustes espaciais, vem se apropriando de vastas áreas do seu espaço rural a partir da construção de uma série de empreendimentos imobiliários, como condomínios fechados de casas, de apartamentos e de lotes urbanizados além da criação de extensas áreas de loteamentos abertos. Esse processo de apropriação do espaço pelo mercado imobiliário tem atingido amplamente o modo de vida e trabalho das comunidades tradicionais locais, que seguem uma lógica de trabalho e produção que depende, sobremodo, do extrativismo em áreas das quais não detêm a propriedade legal. Dessa forma, esses sujeitos sociais tem sido seriamente precarizados com o processo de expansão urbana que reduz intensamente as áreas disponíveis para o extrativismo dos frutos da restinga, comprometendo por completo sua autonomia a partir da terra, e com isso, também sua permanência no espaço agrário do município. Em outra faceta da ação do Estado, a própria administração municipal de Barra dos Coqueiros tem também promovido sérios empecilhos à sobrevivência e à permanência das catadoras de mangaba do município, ao definir as áreas dos povoados locais como perímetros urbanos, impondo com isso a cobrança de altas taxas de IPTU, as quais dificilmente poderão ser pagas por esses sujeitos sociais. Dessa forma, em multideterminações o Estado-capital estabelece a proposta da expansão urbana como modelo de desenvolvimento, frente à qual esses sujeitos sociais precisam articular-se e organizar-se em sua luta, inscrita na universalidade da expansão do capital sobre os territórios camponeses, luta para permanecer na terra, condição de vida, trabalho e autonomia.

No description available.

Land ownership is specific not only for the unique features of the land but also because it constitutes an extremely important legal institute that affects the existence and functioning of the society. Land ownership is historically inherently connected with the churches and has also been the subject of frequent disputes. The property of churches was also subject to continuous public oversight, which was intensified during the period of the reform of the Josef II, Holy Roman Emperor and subsequently intensified in the course of the 20th century, when numerous limitations of ownership right toward land were made. In this thesis I focus on the specifics of land ownership of churches, their description and historical development. In conclusion of my work I discuss the process of the settlement between Czech state and churches in relation to lands that have been the subject of proprietary wrongdoing and, all on the basis of the long-awaited Act No. 428/2012 Coll., on property settlement with churches and religious societies. Due to my previous work experience at the law firm, where I was able to participate in the assessment of the requests for historically expropriated land and other immovable property applied by authorized persons, I decided to break down the subject matter in my diploma thesis more...

Land ownership is specific not only for the unique features of the land but also because it constitutes an extremely important legal institute that affects the existence and functioning of the modern human society. Land ownership is historically inherently connected with the churches and has also been the subject of frequent disputes. The property of churches was also subject to continuous public oversight, which was intensified during the period of the reform of the Josef II, Holy Roman Emperor and subsequently intensified in the course of the 20th century, when numerous limitations of ownership right toward land were made. In this thesis I focus on the specifics of land ownership of churches, their description and historical development. In conclusion of my work I discuss the process of the settlement between Czech state and churches in relation to lands that have been the subject of proprietary wrongdoing and, all on the basis of the long-awaited Act No. 428/2012 Coll., on property settlement with churches and religious societies. Due to my previous work experience at the law firm, where I was able to participate in the assessment of the requests for historically expropriated land and other immovable property applied by authorized persons, I decided to break down the subject matter in my diploma...

This work deals with valuable consideration when changes of ownership of equity securities occur in connection with corporate changes in joint-stock company, especially with unwilling changes -- rise of registered capital with excluding the priority subscription right (§ 204a/5 of the Commercial Code), unwilling transfer of shares on the major shareholder (§ 354 of the "Act on the changes of commercial companies and associations") and squeeze out (§ 183i of the Commercial Code). Valuable consideration defines relatively in detail the Takeover Bid Act. This framework could be to certain extent analogically used for valuable consideration in unwilling transaction. However, its definition itself offers a considerable room for interpretation, so is also seized as the independent secondary topic (chapter 1). The main topic concerns two basic aspects. The first is a company evaluation. In this aspect we will take a look only at the dependence of the expert providing the evaluation on major shareholder (chapter 5). Work aims at the second problematic aspect of unwilling transaction - a premium over the valuable consideration for the infringement of right (chapter 2, especially section 2.4.). The work also deals with unevaluated risks of minority shareholders in the period beginning the day to which the company was evaluated to time of the pay out of ownership (chapter 4).

The task of the thesis is to assess the impact of spatial planning on land prices in the selected location in Prerov. The work is divided into two parts. The theoretical part deals with legal aspects of the spatial planning and a description of the selected site. The practical part will deal with the analysis of the evolution of land prices in the selected location. The assessment will take place in recognition of one of the selected estate in the area at all stages of urban planning. Land will be valued as agricultural, agricultural determined for building up with the landscape plan, building plot - not build on and bulding plot build-up with the building.

El presente trabajo es un arbitraje del CIADI y tiene mucho material enriquecido. El arbitraje que también es referido como un medio alternativo de solución de controversias, toma el caso de Bear Creek v. Republic of Perú y brinda soluciones eficientes, a la controversia que se generó debido a que el Estado Peruano le otorgo derecho sobre concesiones mineras a 50 kilómetros de la frontera peruana a Bear Creek, sin embargo, después de unos años le termina retirando esos derechos adquiridos sobres las concesiones mineras. Debido a que la presente controversia no podía resolverse en jurisdicción peruana y tampoco se pudo llegar a un acuerdo entre las partes. Se recurrió a lo acordado mediante TLC Perú – Canadá y al estar las dos partes afiliadas al CIADI, se procedió a buscar solución a su controversia en dicho centro. Así mismo, mediante el presente trabajo se busca reconocer al ARBITRAJE no solo como un medio alternativo de solución de controversias, sino como una de las varias formas iniciales que el sistema jurídico ha ofrecido como solución pacífica frente al conflicto de sus ciudadanos. El presente arbitraje caso versa sobre medidas de expropiación indirecta, tiene figuras como contratos de opción, emisión de Decretos Supremo emitido por Necesidad Pública, Acuerdos de Transferencia. / Trabajo de suficiencia profesional