Dozens of major cities around the world have launched large-scale waterfront redevelopment projects over the past fifty years. Absent from this list of noteworthy achievements, however, is Toronto, a case of grand ambitions gone horribly awry. Despite three extensive revitalization plans in the second half of the 20th century, Toronto’s central waterfront, an area roughly double the city’s central business district, has remained mired in political gridlock for decades. The purpose of this dissertation is to explain why this came to pass. Informed by extensive archival and interview research, as well as geospatial data analyzed using Geographic Information Systems software, the thesis demonstrates that above and beyond political challenges typical of any major urban redevelopment project, in Toronto, issues of land ownership — specifically, public land ownership — were pivotal in defining the scope and pace of waterfront planning and implementation. Few, if any, waterfront redevelopment projects around the world have been attempted amidst the same degree of public land ownership and jurisdictional fragmentation as that which plagued implementation efforts in Toronto. From 1961-1998, no less than 81% of all land in the central waterfront was owned by one public body or another, dispersed across a patchwork of public agencies, corporations, and special purpose authorities nestled within multiple levels of government. Such fragmentation, specifically across public bodies, added a layer of complexity to the existing intergovernmental dynamic that effectively crippled implementation efforts. It created a “joint-decision trap” impervious to conventional resolution via bargaining, problem solving, or unilateral action. This tangled political history poses a considerable challenge to conventional liberal, structuralist, and regime-based theories of urban politics derived from US experiences. It also highlights the limits of conventional implementation theory in the study of urban development, and calls into question longstanding interpretations of federal-provincial-municipal relations and multilevel governance in Canada.

本研究以文獻分析法及實地訪談法等方式，以剖析台灣原住民族土地財產權制度從共同所有到個別所有的演變關係。研究主題包括：一、明析原住民族土地財產權制度演變歷程的要因與結果；二、明析日治時期迄今，不同統治者標舉「理蕃」政策或山地政策所隱含的決策目的，及統治者實現其決策目的採取的行為措施，暨這些決策目的與行為措施如何影響原住民族土地財產權制度演變；三、明析原住民族土地財產權制度演變的結果，對於原住民族的發展造成何種影響。 透過上述研究主題，希望達成三點目的：一、分析日治時期迄今，原住民族土地財產權制度從共同所有演變為個別所有的過程、原因與結果，俾能連貫相關文獻的成果；二、分析日治時期迄今，統治政權賦予原住民族土地權利所隱含的決策目的、採取的行為措施，及其影響原住民族土地財產權制度演變之進程，以檢討「理蕃」政策或山地政策是否達成為原住民族謀求福祉的目標；三、分析原住民族土地財產權制度演變對於原住民族發展的影響，以供未來重新建構原住民族土地財產權制度的參考。 研究進行期間，除蒐集並整理研析關於原住民族土地財產權制度之相關文獻，作為建立研究架構及佐證研究內容之基礎外，更深入山地鄉瞭解原住民族對土地財產權問題之意見，俾使論證內容更為周延有據。茲摘述研究發現如次： 一、日治初期原住民族社會慣行的土地財產權制度方面 （一）部落為領域內土地財產權最大的共同所有團體。 （二）部落內耕地、獵地或漁區歸屬組成部落之社經團體共同所有。 （三）組成社經團體之家族（家庭）享有其範圍內土地之使用、收益權。 （四）共同所有之土地財產權，無繼受問題；惟土地之支配、管理者隨部落或社經團體之領導者更迭而變更。 （五）土地之使用、收益權，依各族群之家產法則繼受。 二、土地財產權制度演變對於原住民族發展之影響方面 （一）原住民族產權領域急遽限縮，個別原住民使用保留地的權利範圍亦趨於微小，平均每人不超過3甲土地。 （二）原住民族土地利用型態，由日治初期之「半耕、半獵」變成目前的定耕農業。 （三）原住民族與平地人民的所得差距，益趨擴大，且所得來源以非農業收入為主。另者，山地原住民仰賴保留地為生甚深，但其土地生產力仍屬偏低。顯示賦予原住民族土地財產權個別所有，仍無法提昇其經濟能力。 三、不同時期政府政策影響原住民族土地財產權制度演變之比較方面 （一）日治時期統治者之「理蕃」政策以攫取山地資源，回饋其宗主國經濟需求為要；光復時期統治者之山地政策在於維持原住民族社會安定，以鞏固政權為要。 （二）日治時期統治者之決策措施為「理蕃」措施；光復時期統治者之決策措施為山地政策措施。 （三）日治時期統治者之執行機制，以武力裝備的山地警察為主；光復時期統治者以不具武力裝備的一般行政機關為之。 四、詮釋分析觀點之事實方面 （一）制度的建立與發展具有累積性的「相互依存」特性，因此日治時期形成高砂族保留地制度授予保留地個別使用權，或光復時期形成原住民保留地制度賦予保留地個別產權，不同時期政府均事先實施相關「理蕃」措施或山地政策措施配合之。 （二）「資源攫取」為影響殖民政府是否實踐、落實「給予一定土地，使其耕種就業」之「理蕃」政策理想的重要因素。 （三）「政權鞏固」為影響政府實踐、落實「改善原住民族生計能力，提高其地位」之山地政策理想，及積極進行增劃編保留地的重要因素。 （四）殖民政府或我政府在面對各種主客觀條件時，均會權衡利弊得失而採取不同方法、手段、措施來趨利避禍、自求多福，以謀求自身最大的福祉與利益。 （五）在原住民族土地財產權演變過程中，因統治者界定高砂族保留地時缺乏考量原住民族傳統土地財產權觀念，且這些觀念仍發揮指導原住民族使用土地的作用，因此殖民政府根本未能有效監督、管理高砂族越界開墾之情事。 綜合本研究之論證與分析，歸納下列幾點結論： 一、日治初期原住民族社會以部落及部落內各種社經組織共同所有土地財產權，而組織成員則享有土地之使用、收益權能，並透過這套原住民族社會公認的土地財產權制度約束其內部的行為規範，達到維持社會秩序，減低護衛土地財產權的交易成本功效。 二、從討論分析瞭解，不同時期政府實施「理蕃」政策及山地政策的結果，未能達成為原住民族謀福祉的政策理想。其因在於，「理蕃」政策以掠奪山地利源為要；而山地政策以鞏固政權為考量，均在謀求統治者自身最大的利益，造成原住民族權益的損失。 三、日治時期迄今，原住民族土地財產權制度從共同所有演變為個別所有的結果，造成原住民族土地財產權不斷流失，且未能有效提昇其經濟能力，使得原住民族之地位日趨沒落。因此，保留地制度及保留地財產權型態允宜適度調整，未來可考量留設一定面積保留地，土地財產權改賦原住民族共同所有，以確保原住民族賴以生存的機盤，並維護其文化存續發展。 四、原住民族土地財產權制度變遷的過程，衍生原住民族與平地人民對於保留地財產權之爭議，政府宜妥適圓滿解決，創造族群共榮的多元社會。 五、本研究以「資源攫取」、「政權鞏固」及「制度相依」等因素分析原住民族土地財產權制度演變的觀點，均能從相關事實獲得合理詮釋。 / This dissertation conducted extensive literature research and field interviews in an attempt to explore the changes from the tribe ownership to the private ownership system of Taiwan aborigines’ land ownership right. The themes and the expected accomplishments of this research include the following: 1. To study the history and current status of Taiwan aboriginal land ownership right, to analyze the causes and consequences of the changes in the past, and to verify the findings with other scholars’ arguments in the literature. 2. To study the ruling mentality, rationale, policies and regulations towards Taiwan aborigines from the Japanese occupants to the ROC government, to analyze the impacts of these policies on Taiwan aboriginal land ownership right, and to explore whether Taiwan aborigines have benefited from such policies and regulations. 3. To study the overall impacts on Taiwan aborigines’ economical and cultural development, which was resulted from the changes to their land ownership right through the execution of different policies. The findings of this research could serve as recommendations to the government in setting up revised aboriginal land reservation policies for Taiwan aborigines. Through extensive literature research and field interviews with a few senior Taiwan aborigines about their memories, comments, and expectations with respect to aboriginal land ownership right, the following facts can be summarized: 1. The Land Ownership Right Before Japanese Occupancy a. The tribe leaders rule the land within a tribe’s territory. b. Each piece of farmland, hunting field, and fishing field belongs to a societal/economical group within a tribe. c. The societal/economical group has the right to farm or hunt on their assigned lands and owns the produce from the lands. d. Because the land is owned by a societal/economical group, there is no inheritance issue. The managing of the land is by the leader of the group. e. Traditionally members in a societal/economical group have the right to farm/hunt on a piece of land as well as to own the produce from the land. 2. The Impact of Land Ownership Right Changes on the Development of Taiwan Aborigines a. The land ownership right policies have limited the accessibility of Taiwan aborigines to land resources. Each aborigine has access to less than three aches of reserved land. b. The land reservation policy limited the aborigines to farm within their reserved land have changed the aborigines’ life style from half time farming and half time hunting to full time farming. c. Because productivity of each aborigine farm on his own reserved land is very low, the gap between the average income of aborigines and nonaborigines has been widening. Besides, the majority of aborigines’ income should come from non-agricultural sources. This reflects the fact that giving aborigines a piece of reserved land did not benefit them economically. 3. The Comparison of Different Land Ownership Right Policies by Different Governments a. The Japanese occupants’ aboriginal policy focused on seizing Taiwan’s mineral, forestry, and agricultural resources. While the ROC government’s aboriginal policy was only reactively trying to keep the stability of the aborigines. b. The Japanese occupant’s aboriginal policy was to “manage” Taiwan aborigines. While the ROC government’s aboriginal policy was a land reservation policy. c. The Japanese occupants ordered armed policemen to implement its aboriginal policy. While the ROC government’s aboriginal policy was executed by civilian officials in local governments. 4. Some Observations a. The Taiwan aboriginal policies by the ROC government and the Japanese occupants have its relationship. The Japanese occupants adopted land reservation policy for the aborigines, which led to private use of reserved lands. The ROC government has consequently adopted a more extensive land reservation policy for aborigines, which led to private ownership of reserved land by all aborigines. The policy of awarding private use privilege of land to aborigines by both governments had always been accompanied by the intention to manage the aborigines. b. Seizing Taiwan’s natural resources was the real agenda by the Japanese occupants behind their slogan of “awarding aborigines land to farm”. c. Maintaining the ROC government’s ruling power was the main interest behind her aboriginal policy of “improving aborigines’ quality of life and social status”. d. Even though the Japanese occupants and the ROC government chose different means and regulations to implement different aboriginal policies, avoiding pressures and satisfying their own agenda was what’s driving their aboriginal policies. e. The Japanese occupants did not appreciate Taiwan aborigines’ perception of land while awarding reserved lands to the aborigines. However the Taiwan aborigines disrespected the boundary of their reserved land, and the issue became unmanageable. Conclusions 1. Before the Japanese occupancy, Taiwan aboriginal tribes and the social/economical groups within the tribes rule the land they use. Members in a social/economical group have usage rights over a piece of land, and own the produce from that land. Because this system was well respected by all aborigines, there was little conflict or social cost with respect to land ownership right. 2. The past aboriginal policies failed to improve the aborigines’ quality of life. The interests of the two governments were either to seize Taiwan’s resources or to secure the ruling government’s political power. Taiwan aborigines’ welfare was sacrificed. 3. Taiwan aborigines’ perception about land ownership right changed from commonly owned by everybody to pieces of privately owned land. This reservation land policy for aborigines not only against the aborigines’ philosophy and lifestyle, but also violated economic principles of efficiency and productivity. Another conflict of interests arose due to competing over the reserved land to the aborigines by the nonaborigines. The land resources reserved for the aborigines have long been diminishing. Consequently, most Taiwan aborigines suffer from economic hardship and social disadvantage. 4. This research has explored the problems in the disputes land reservation policy for the aborigines. The following two recommendations are suggested: a. The government should actively resolve all over the reserved land for the aborigines. This can give back to the aborigines such land they deserve for generations. Resolving land disputes can also improve the relationship between all residence in Taiwan. b. Knowing the disadvantages of privately owning reserved land by aborigines, this research recommends that the government allocates additional portion from the total reserved land to the aborigines, which can be managed by aboriginal tribes and shared by all aborigines. Increasing the accessibility to more natural resources by aborigines will be a direct measure to improve Taiwan aborigines’ economic income, while in the same time, preserve their pride and cultural heritage. 5. This research has based on theories of “seizure of natural resources”, “securing governing power”, and “institutional dependence” to analyze the changes in Taiwan’s aboriginal land ownership right, and its negative impact to Taiwan aborigines’ life. Recommendations to government with respect to modifying the current aboriginal land policy were suggested.

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)

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...

Thesis (Ph.D. (Public Administration)) -- University of Limpopo, 2016 / Refer to document

MENVSC / Department of Ecology and Resource Management / This study uses lens to understand conflict over the use of land and its resources in the Mapungubwe area. The main underlying assumption of the study is that various land use activities that are not compatible with each other lead to land use conflict. The aim of the study is to assess land use conflict in the Mapungubwe area. In particular, the study intends to find out the historical and contemporary land-use conflict, compare and contrast the historical conservation objectives with the current conservation objectives in the Mapungubwe area, find out the reasons that made farmers to oppose conservation objectives now and in the 1940s and to investigate the effects of historical and contemporary land use conflict in the Mapungubwe area. In order to achieve these objectives, primary and secondary data were collected. Secondary data that was used included historical documents about Mapungubwe, Hansards or House of Assembly debates of South Africa from 1940 to 1948, newspapers articles, books and journal articles. Secondary data were used to find out the historical land use conflict that took place in the Mapungubwe area. Primary data were collected through semi-structured interviews with private game farmers, commercial irrigation farmers, farm workers (former and current), Mapungubwe National Park officials and land claimants. Field observations were used to corroborate information collected through interviews. Primary data were collected in order to find out the contemporary land use conflict taking place in the Mapungubwe area. The main findings of this study are that land use conflict in Mapungubwe area is not new; rather it started in the 1940s when the United Party government intended to establish the Dongola Wildlife Sanctuary. However, the idea of a wildlife sanctuary led to land use conflict, particularly between farmers and the ruling United Party government. In other words, land use conflict was mainly among conservationists (who were members of United Party) and farmers. Unfortunately, the idea of a wildlife sanctuary in the Mapungubwe area was caught up in political battles between the governing United Party and the opposition National Party that eventually led to its abandonment following the electoral victory of the National Party in the general elections of 1948. The study also found that the contemporary Mapungubwe is also affected by land use conflict. The conflict is mainly because of various land use activities including irrigation farming, game farming, mining, settlement, and land claims that are not compatible with conservation. Land use activities including irrigation and ii game farming, settlement and mining are happening within and around Mapungubwe National Park. This has made it difficult to consolidate the core area of Mapungubwe National Park. As a result, although Mapungubwe National Park has been established in 1995, the park remains fragmented. This study has used Mapungubwe as a case study to demonstrate that the interest over land and its resources in an area by various stakeholders create land use conflict. / NRF

This dissertation is a critique of Marx's theory of alienation with emphasis on how Marx constructed his definition of man and consciousness. The main premise of the theory is that private property caused alienation but the hypothesis of this dissertation is that because the theory defined man and consciousness in an erroneous manner alienation was not possible, and that the conditions observed by Marx were exacerbated by landlessness. / Political Sciences / M.A. (Politics)

Este trabalho aborda a questão do Planejamento e do Desenho Ambiental nos assentamentos rurais brasileiros, oriundos das lutas pela terra das classes populares de trabalhadores urbanos e rurais organizados. Apresenta conceitos de ambientais e analisa os efeitos negativos das ações do homem sobre o Planeta. Discute a questão metodológica para a abordagem de problemas ambientais. Apresenta o conceito de Bacia Hidrográfica em sua concepção geofísica e ambiental. Utiliza o método de estudo de casos, ao apresentar o Assentamento I do município de Sumaré SP e o assentamento Padre Josimo no município de Teodoro Sampaio SP assentamentos rurais paulistas originados nas ocupações dos de terra e sua relação com o MST Movimento dos Sem Terra. Procede a um levantamento dos recursos ambientais e paisagísticos dos assentamentos, e perfaz análise dos impactos ambientais ocorridos e em curso nestas áreas. Finalizando, discute os possíveis caminhos futuros que garantam em longo prazo, a sustentabilidade destas áreas com melhoria da qualidade de vida e justiça social aos moradores dos assentamentos e das comunidades relacionadas ao contexto político, social, geográfico e econômico regional, portanto contexto ambiental. Conclui com a apresentação de propostas que configurem um cenário futuro de conservação, recuperação e desenvolvimento sustentável para o Assentamento I e para o assentamento Padre Josimo, baseadas na análise dos impactos ambientais levantados. Apresenta o Convênio Estadual da Microbacia do Córrego Taquara Branca e Pinheirinho, no Assentamento I como uma iniciativa governamental desencadeadora de um processo de recuperação ambiental da paisagem regional, com enfoque em Educação Ambiental. Apresenta para o assentamento Padre Josimo os programas de atuação das ONGs em parceria com assentamentos rurais como uma possibilidade de engajamento nos projetos de conservação ambiental regional visando a Educação Ambiental e geração de renda. / This paper discuss the Environmental Planning and Design issue on the country land occupation at Brazil, originated by the land disputes of organized land and urban workers. It shows environmental concepts and analyze the negative outcomes of human acts on the Planet. It discusses the methodological issue to approach the environmental problems. It also presents the Hydrological Basin concept in its geophysical and ecosystem optic and its importance as an analytical unit to the environmental planning. By using a case study method, it presents the experience of the \"Assentamento /\" at the Sumaré municipality at the State of São Paulo, and the country land Padre Josimo at the Teodoro Sampaio municipality at the State of São Paulo the countries lands occupations made by landless workers, in that State supported by the Landless Workers Movement (MST). It proceeds with an inventory of environmental and landscape resources of these lands occupations, and performs an analysis of landscape and environment impacts caused by these occupations, both on the past and currently. Finally, it discusses the possible future ways to guarantee the long term sustainability of those areas with quality of live improvement and social equity to the land occupants of those areas and related regional communities, in the social, political, geographical, and economical context. It ends up with the proposal, presentation of alternatives that configure future scenarios of conservation, recuperation and sustainable development to the \"Assentamento /\" of Sumaré, and the country land Padre Josimo based on environmental impact analysis performed. It presents the State Microbasin Agreement of Córrego Taquara Branca and Pinheirinho, as a governmental initiative that makes possible a regional landscape and environmental recuperation process, focusing at Environmental Education. It also presents for the country land Padre Josimo the programs of Ongs for country land partners as an of engaging possibility at a regional environmental conservation project aiming Environmental Education and income generation.

Land in its nature and destination is a peculiar real estate. Issues of land ownership are topical to all, as most of us were affected by problems of property right restoration, others wish to acquire new land lots for private building. Land belongs not to private persons, but to the state, municipalities. Persons owning land lots according to title are interested in the opportunity to conclude real estate transactions. The appearing disagreement and disputes regarding title are settled in the manner prescribed by laws. In the present Master theses the ways and conditions of acquiring land for ownership are discussed, private land ownership right is considered and also the right of state and municipalities to have land in their ownership is analyzed. In another chapter the law of disposal of land, land transactions peculiarities are analyzed comparing them with other real estate transactions. In the third part the inviolability of ownership right and protection of land ownership law consolidated in the Constitution is analyzed.