• Land and Housing Review
• /
• v.8 no.3
• /
• pp.145-159
• /
• 2017

Despite the longing for democracy of most people, Myanmar has missed opportunities for social and economic development by military dictatorship. However, since 2010, the civilian government has gained new opportunities for reform. After turning to economic reform, developed countries such as the US and EU lifted the economic sanctions that they had taken in the past. As a result, it is growing rapidly compared to neighboring countries due to attracting foreign capital, tariff benefits on export items, and expansion of industrial infrastructure. Despite the increased investment value due to economic growth and democratization, the complex and customary land system of Myanmar must be an uneasy factor in securing stable land rights when entering overseas markets. Therefore, this study sought the method of securing the land rights in the development project through the analysis of the foreign investment system in Myanmar and the investigation of joint development cases. The results of this study are as follows. First, the acquisition of land use rights at the early stage of development can be considered through the foreign investment system. Under the Foreign Investment Law and Myanmar Investment Law, the land can be used for up to 70 years, and Under the Special Economic Zone Law, the land can be used for up to 75 years. Second, in relation to land compensation, it is required to establish a detailed resettlement plan for the indigenous people as the difficulty of land acquisition is expected due to the recent democratization trend and strengthening the voice of residents. Third, land use at the operational stage can be achieved by leasing the land from developers, and this will be the most realistic plan at present. In other words, the developer can directly develop the land created under the Foreign Investment Law and the Special Economic Zone Law, or Sub-lease and transfer the land use right to a third party.

• Journal of Arbitration Studies
• /
• v.21 no.3
• /
• pp.137-163
• /
• 2011

The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

• Journal of the Korean Regional Science Association
• /
• v.15 no.3
• /
• pp.15-31
• /
• 1999

This study examines the economic effects of ill-defined property rights on the resource usage with special reference to the Korean Green Belt. Property rights are considered ill-defined, when their whereabouts are not clearly delineated, they are not assigned to those who utilize them most efficiently, and they are not exercised precisely. If properly, and they are not exercised precisely. If properly rights are ill-defined, it is more likely that economic agents pursue opportunistic and illegal behaviors and even their rational behaviors tend to bring about undesirable outcomes, and social conflicts occur around the assignment of the rights. Upon the completion of a case study, we found that the ill-defined property right system of the Korean Green Belt has, in fact, resulted in several problems in resource usatge. Inefficient land use, compromising reassignment of property rights, the prevalence of illegal activities, huge management costs, and the spread of social conflicts are the problems in question. These problems can be resolved by the realignment of property rights, since they are caused by the ill-defined property right system. To resolve such problems, we need to reassign properly rights so that their delineation may be complete and those who value them highest may exercise the rights, and social justice in terms of wealth distribution may be achieved.

• KIEAE Journal
• /
• v.16 no.6
• /
• pp.57-67
• /
• 2016

Purpose: Laws and regulations of land use are enormous, and the appliance of regulations is overlapped redundantly. Therefore, there are many problems such as time consuming in the process, limiting individual property rights, and interrupting enterprises' economic activities. This study will discuss problems of redundant regulations of land use and its improvement by figuring out current regulations of land use in Gyeonggi-do, one of provinces which applies the most various regulations of land use. Method: This study reviews laws on national land-use planning system and characteristics of land-use regulation in Korea. The extent of the review is limited to "framework act on the regulation of land use" with categories of national land, urban planing, architecture, etc. Through case studies in Gyeonggi-do, the status and problems of redundant regulations of land use are defined. For example, it is overlapped in "Seoul Metropolitan Area Readjustment Planning Act", Development Restriction Zone, Paldang Special District, and so on. It is mainly referred to 2015 Gyeonggi-do land-use restriction map. Result: First, Gyeonggi-do confronts many problems related to the development restrictions and the financial increasement for environmental management by redundant regulations. The development restrictions include supplying additional land for industrial use, relocating colleges, and height limitation relating to military facilities. Second, in order to organize redundant regulations, it is required to combine similar regulations and adjust through communication system among other departments. Third, regulations should consider unique local condition of each district. Lastly, efficient application of regulations is necessary so as to maximize the function of land, protect individual property rights, and stimulate local development.

• Journal of Environmental Science International
• /
• v.12 no.5
• /
• pp.511-519
• /
• 2003

It is difficult to define the urban fringe using a specific geographical designation in the physical planning system because the existence of the urban fringe is certainly not equal in all directions from the inner urban area to the rural area, and is often a discontinuous spatial phenomenon from the inner fringe to the urban shadow. Nevertheless, the urban fringe raises land use management issues which stem from its own peculiar set of land use characteristics. For example, in the UK, how the public can enjoy access to the countryside in the urban fringe while at the same time recognising and acknowledging the importance of landowners and farmers property rights\ulcorner how can a poor quality environment and degraded landscape be improved aesthetically and physically to meet the multiple recreational needs of a diverse population when local authorities are confronted with limited ability to fund and acquire land for these purposes\ulcorner The challenge of addressing these land use management issues necessitates approaches which build a coalition of interest groups and public and non-government organizations in the management processes in order to improve the physical, economic and social environments and facilitate the management mechanism.

• Journal of Soil and Groundwater Environment
• /
• v.28 no.6
• /
• pp.1-8
• /
• 2023

In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

• Journal of Cadastre & Land InformatiX
• /
• v.52 no.2
• /
• pp.67-80
• /
• 2022

This study proposes a legal limit from the administrative and management standpoint of the city hall/county office/gu office, which is the cadastral authority, in relation to the discrepancy between the actual land use status and the cadastral study that has been continuously raised. And also, from the point of view of civil complaints such as landowners, this study tried to evaluate the practical problems of the current land category system from the point of view of civil complaints such as landowners and to derive a solution to these problems. Therefore, this study indicates how the category of land use is classified, and how land use is restricted by the laws of Registration & Management of public cadastre. Also, it shows the reasons why discrepancy between the land use fixed by the law and the current state of actual use of land occurs. Addtionally, This study suggests a plan to reorganize the Land Category system and it includes consolidation and subdivision of land. The study also describes a way to minimize the targets for conversion of land under control of Land Category System as well as to improve the law that protects the people's property rights.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
• /
• 2006.04a
• /
• pp.521-526
• /
• 2006

As a result of establishing the regional self-government system, regional residents came to take more interest in their land ownership rights and relevant areas. The administrative bodies in South Korea are trying their best to meet the complicated and diversified demands of the residents regarding land and construction administration. However, governmental agencies are having difficulties identifying land characteristics on the field as part of standard lands change every year. Also, the vague boundaries of agricultural and mountainous land areas are causing surveyors problems in spotting the right areas. Thus, this study intends to provide information and guidance on an accurate land price calculation system in connection between the land information system and PDA technology for distribution of accurate information regarding lands and their management.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
• /
• v.37 no.2
• /
• pp.63-70
• /
• 2019

Electric transmission towers are facilities to transport electrical power from a plant to an electrical substation. The towers are connected using wires considering the wire tension and the clearance from the ground or nearby objects. The wires are installed on a rights-of-way that is a strip of land used by electrical utilities to maintain the transmission line facilities. Trees and plants around transmission lines must be managed to keep the operation of these lines safe and reliable. This study proposed the use of a low-cost drone photogrammetry for the transmission line rights-of-way mapping. Aerial photogrammetry is carried out to generate a dense point cloud around the transmission lines from which a DSM (Digital Surface Model) and DTM (Digital Terrain Model) are created. The lines and nearby objects are separated using nDSM (normalized Digital Surface Model) and the noises are suppressed in the multiple image space for the geospatial analysis. The experimental result with drone images over two spans of transmission lines on a mountain area showed that the proposed method successfully generate the rights-of-way map with hazard nearby objects.

• Journal of Cadastre & Land InformatiX
• /
• v.51 no.2
• /
• pp.107-123
• /
• 2021

In recent years, due to the continuous density and urbanization of space, the expansion of awareness of rights, the need for landscape conservation, and the development of construction technology, the conventional flat land use has been deviated from the conventional flat land use, and the transmission line, urban railway, parking lot, communal district, underground shopping mall, pipeline, etc. Although 3D spatial activities are carried out in the form of 3D space, there are considerable difficulties in administration to manage the 3D use of land due to the inadequacy of related regulations. In this background, for the administration that can manage Sectional Superficies, which is a representative case of 3D spatial use of parcels, which is a registered unit of land, first, the law on the establishment and management of spatial information, and cadastral re-examination from the legal and institutional aspects Standardization of 3D space registration through amendments to the Special Act, etc. and the formation of consensus among related departments. Second, in technical and administrative aspects, the registration of Sectional Superficies based on cadastral survey results, establishment of a platform for integrated management of location and attribute data, and registration method was found to be in need of improvement. As suggested in this study, by registering and managing Sectional Superficies, it is possible to manage various 3D land use of not only ground space or surface space but also underground space. It is expected to be able to register and manage lot-based 3D land use efficiently.