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Julio 2005

LAND POLICIES FOR GROWTH Ruttan 1985). At the same time, failure of the institu-
tions administering land rights to respond to these
AND POVERTY REDUCTION: KEY demands can lead to conflict, and can undermine
societies’ productive and economic potential.
ISSUES AND CHALLENGES AHEAD In addition to this evolution, the imposition of
property rights to land by outside forces or local over-
Klaus Deininger lords has affected the nature of such rights in many
Lead Economist countries of the developing world (Binswanger et al.
World Bank 1995). The goal of such intervention was to obtain
surpluses from smallholder populations or to force
them into wage labor. To do so, a variety of mecha-
nisms, often supported by distortions in other mar-
PROPERTY RIGHTS TO LAND kets, was used. Not surprisingly, such imposition of
rights often disrupted the evolution of land rights as a
Land a key asset for the rural and urban poor that response to population growth or has, by co-opting
provides not only a foundation for economic and social local institutions or changing how they functioned,
development but also helps to empower them to adjust implied vast changes in the way land was allocated
to the challenges posed by recent trends of globalization and managed at the local level.
in a number of ways. Focusing on the main forces shap- In view of the fact that the historical evolution of
ing the evolution of land rights, possible sources of property rights is not a response to purely economic
tenure insecurity, and ways in which action by the com- forces, it is not surprising that the arrangements
munity or the government can help to reduce such inse- found in many countries are often not the ones that
curity and provide a basis for more effective land uti- would be optimal from either an economic or a social
lization that will be critical for countries to utilize the perspective. For example, in Africa, the vast majority
resources at their disposal in the most effective fashion of the land area is operated under customary tenure
and thus promote growth as well as poverty reduction. arrangements that, until very recently, remained out-
side the formal law. In Eastern Europe, collective pro-
duction structures have failed to contribute to rural
Origins and Evolution of Property Rights growth. In Latin America and parts of Asia, highly
unequal land ownership and access to assets have
Land rights are social conventions that regulate made it difficult to establish patterns of growth that
the distribution of the benefits that accrue from spe- are truly inclusive of the poor thereby avoiding that
cific uses of a certain piece of land. A number of growth will widen pre-existing inequalities. Despite
arguments support public provision of such rights. such shortcomings, sub-optimal and economically
First, the high fixed cost of the institutional infra- inefficient property rights arrangements have often
structure needed to establish and maintain land rights remained in place for long periods of time. In fact, far-
favors public provision, or at least regulation. Second, reaching changes of land relations have generally been
the benefits of being able to exchange land rights will confined to major historic transitions. Need to indi-
be realized only in cases where such rights are stan- cate what are the desirable characteristics.
dardized and can be easily and independently verified.
Finally, without central provision, households and
entrepreneurs will be forced to spend resources to
defend their claims to property, for example through Desirable Characteristics of Property
guards, fences, etc. which is not only socially wasteful Rights to Land
but also disproportionately disadvantages the poor,
who will be the least able to afford such expenditures. Property rights to land need to have a horizon
Historically, one reason for property rights to long enough to provide investment incentives and be
evolve was in response to increased payoffs from defined in a way that makes them easy to observe,
investment in more intensive use of land due to pop- enforce, and exchange. They need to be administered
ulation growth or opportunities arising from greater and enforced by institutions that have both legal back-
market integration and technical advances. Land ing and social legitimacy and are accessible by and
rights are of little importance in situations where land accountable to the holders of property rights. Even if
is plentiful. In the course of development, the need to property rights to land are assigned to a group, the
sustain larger populations will require investments in rights and duties of individuals within this group, and
land that cultivators will be more likely to make if the way in which they can be modified and will be
land rights are secure (Boserup 1965). There is abun- enforced has to be clear. Also, as the precision with
dant evidence suggesting that, while appropriate insti- which property rights are defined will tend to increase
tutional innovations can lead to a virtuous cycle of with resource values, the institutions administering
higher population and greater investment in land, property rights need to be flexible to evolve in
economic growth, and increased welfare (Hayami and response to changing requirements.

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As one of the main purposes of property rights is toward more individualized forms of property rights
to facilitate investment, the duration for which such with economic development. At the same time trans-
rights are awarded needs to at least match the time formation of property toward increased individualiza-
frame during which returns from possible investments tion is not automatic. On the contrary, it will be affect-
may accrue. Clearly this depends on the potential for ed by political and economic factors, and thus often
investment, which is higher in urban than in rural coincide with major conflicts, upheavals, or power
areas. While indefinite property rights are the best struggles.
option, giving long-term rights that can be renewed Exogenous demographic changes, especially in
automatically is an alternative. Given the long time the absence of economic development, can increase
spans involved, attention to the way in which such the scarcity and value of land. This can challenge tra-
rights can be inherited is particularly warranted and ditional authorities and institutions who, earlier, had
has in fact often proven to be critical to enhance unquestioned authority over land allocation and reso-
women’s ability to control land on their own. lution of disputes. Land conflicts often generate large,
Property rights to land should be defined in a way negative, external effects that can undermine the
that makes them easy to identify and exchange at a state’s authority and effectiveness by setting up a mul-
cost that is low but commensurate to the value of the tiplicity of parallel institutions, as illustrated by the
underlying land. With limited land values, low-cost fact that unresolved land conflicts have in some cases
mechanisms of identifying boundaries, such as physi- escalated into an important contributor to state fail-
cal marks (hedges, rivers, and trees) that are recog- ure. To avoid this, the institutions managing land
nized by the community, will generally suffice while rights will need to be able to re-interpret traditions
higher resource values will require more precise and and social norms authoritatively and in a way that
costly means of demarcation. Similarly, where land is protects the poor and vulnerable from abuse of their
relatively plentiful and transactions are infrequent, rights by those with political power and economic
low-cost mechanisms to record transactions, such as resources.
witnessing by community elders will be appropriate.
More formal mechanisms will normally be adopted
once transactions become more frequent and start to Evidence on the Impact of Tenure Security
go across traditional boundaries of community and
kinship. In many countries of the developing world, inse-
The key advantage of formal, as compared to cure land tenure prevents large parts of the population
informal, property rights is that those holding formal from realizing the economic and non-economic bene-
rights can call on the power of the state to enforce fits such as greater investment incentives, transfer-
their rights. For this to be feasible, the institutions ability of land, and improved credit market access,
involved need to enjoy legal backing as well as social more sustainable management of resources, and inde-
legitimacy, including accountability to and accessibil- pendence from discretionary interference by bureau-
ity by the local population. Yet in many countries, crats, that are normally associated with secure proper-
especially in Africa, the gap between legality and legit- ty rights to land. More than 50 percent of the
imacy has been a major source of friction, something peri-urban population in Africa and more than 40 per-
that is illustrated by the fact that in Africa overall cent in Asia live under informal tenure and therefore
more than 90% of land remain outside the existing have highly insecure land rights. While no such fig-
legal system. Failure to give legal backing to land ures are available for rural areas, rural land users are
administration institutions that enjoy social legitima- reported to make considerable investments in land as
cy can undermine their ability to draw on anything a way to increase tenure security (Platteau 2000,
more than informal mechanisms for enforcement. By Otsuka 2001), illustrating that tenure security is high-
contrast, institutions that are legal but do not enjoy ly valued.
social recognition may make little difference to the A first benefit from increased tenure security that
lives of ordinary people and have therefore often can easily be measured is the increase in land users’
proven to be highly ineffective. Bringing legality and investment incentives. Some studies have reported a
legitimacy together is a major challenge for policy that doubling of investment, and values for land with more
can not be solved in the abstract. secure tenure are reported to be between 30 and 80
Whether it is more appropriate to give property percent above those for land where there is a higher
rights to individuals or to a group will depend on the probability of losing land (Feder 2002). Transferabili-
nature of the resource and on existing social arrange- ty of land will increase this effect and is important in
ments. Group rights will be useful in situations char- situations where the scope for transacting land
acterized by economies of scale in resource manage- between less and more productive producers has
ment or if externalities exist that can be managed at increased, for example, because of increased develop-
the level of the group but not the individual. The ment of the nonagricultural economy and rural-urban
advantage of group, as compared with individual, land migration (Deininger et al. 2003). Higher tenure secu-
rights will generally decrease in the course of devel- rity will also reduce the time and resources individu-
opment because of a number of factors. Technical als need to spend on securing their land rights, allow-
progress reduces the risk of crop failure while at the ing them to invest these resources elsewhere.
same time increasing the potential payoff from invest- Finally, where effective demand for credit exists,
ments; development of the nonfarm economy pro- giving formal title to land can help producers gain
vides access to more predictable income streams and access to credit and improve the functioning of finan-
greater access to physical infrastructure reduces not cial markets. It has long been noted that the impact of
only the risk, but also the cost, of publicly providing such credit access may be differentiated by size of
property rights. Thus one would expect to see a move landholdings and that therefore attention to the antic-

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LAND POLICIES FOR GROWTH AND POVERTY REDUCTION: KEY ISSUES AND CHALLENGES AHEAD

ipated equity effects will be required (Carter and Olin- (adverse possession) and award of long-term land
to 2003). In situations where the credit effect associ- leases with provisions for automatic renewal will be
ated with title is unlikely to materialize in the near the most desirable option. If the leases awarded by
future, a more gradual and lower-cost approach to state institutions are not credible, full privatization
securing land rights and improving tenure security, may be required to give users sufficient security of
with the possibility of upgrading once the need arises, tenure and the associated benefits. An indicator for
will allow provision of most, if not all, the benefits limited credibility of leases is that financial institu-
from increased tenure security at lower cost. tions will not accept long-term leases as collateral,
Ensuring secure land tenure will be of particular despite strong demand for credit.
relevance for groups who were traditionally discrimi- Where individual title will be the option of choice,
nated against. Attention to women’s rights will be war- inefficiencies in the land administration institutions
ranted where women are the main cultivators, where are responsible for demarcation of boundaries, regis-
out-migration is high or control of productive activi- tration and record keeping, adjudication of rights, and
ties is differentiated by gender, or where adult mortal- resolution of conflict can still preclude the realization
ity and unclear inheritance regulations undermine of many of the benefits of secure tenure. If these insti-
women’s livelihood if their husband dies, as in Africa tutions are not working well, are poorly coordinated,
with HIV/AIDS (Deininger & Castagnini 2002). inefficient, or corrupt, transaction costs will increase
thus reducing the level of transactions below what
would be socially optimal and in many cases exclud-
Ways to Increase Tenure Security ing the poorer completely. In the extreme, lack of clar-
ity about who is responsible for specific areas or
The findings described in the previous section infighting between institutions has evolved into a
imply that governments have a role to play in provid- major source of insecurity that undermined the value
ing secure tenure to owners and users of land. Even and authority of titles or certificates of land ownership
though formal title will increase tenure security in that were distributed. In such situations, institutional
many situations, experience indicates that it is not reform, including improved coordination within the
always necessary, and often not a sufficient condition government and with the private sector, will be a pre-
for optimum use of the land resource. The goal of pro- condition for the state’s ability to effectively deliver
viding tenure security for the long term, administered property rights.
in a cost-effective way through institutions that com- Even though most countries mandate equality of
bine legality with social legitimacy can be achieved in men and women before the law in principle, the pro-
a variety of ways, depending on the situation. cedures used by land administration institutions often
In customary systems, legal recognition of existing discriminate against women, explicitly or implicitly.
rights and institutions, subject to minimum condi- To overcome this, a pro-active stance in favor of
tions, is often more effective than premature attempts awarding land rights to women by governments,
at establishing formalized structures. Legally recog- together with rigorous evaluation of innovative
nizing customary land rights subject to a determina- approaches aiming to accomplish greater gender
tion of membership and the codification or establish- equality in control of conjugal land on the ground
ment of internal rules and mechanisms for conflict would be warranted.
resolution can greatly enhance occupants’ security.
Demarcation of the boundaries of community land
can remove the threat of encroachment by outsiders LAND TRANSACTIONS
while drawing to welldefined procedures within the
community to assign rights within the group. Con- Even though rural dwellers normally access land
flicts historically often erupt first in conjunction with through a wide variety of different channels (de Jan-
land transfers, especially with outsiders. Where such vry et al. 2001), land transactions can play an impor-
transfers occur and are socially accepted, the terms tant role by allowing those who are productive but are
should be recorded in writing to avoid ambiguity that either landless or own little land to access land. Land
could subsequently lead to land-related conflict (Lav- markets also facilitate the exchange of land as the off-
igne Delville et al. 2002). farm economy develops and, where the conditions for
Occupants on state land have often made consid- doing so exist, provide a basis for the use of land as
erable efforts to increase their level of security, in collateral in credit markets. Capital market imperfec-
some cases through significant investments, but often tions and policy distortions have, in many instances,
remain vulnerable to eviction threats. Due to their prevented land sales markets from contributing to
limited land rights they often cannot make full use of increased levels of productivity or reduced poverty.
the land they occupy. Giving them legal rights and This has led some observers to take a negative stance
regularizing their possession is therefore important, on any type of land market activity and to support
along with ensuring that appropriate means are in government intervention in land markets, despite the
place for resolving any conflicts that may arise in the considerable scope of rental markets and the evidence
process. In many situations, political or other consid- on limited effectiveness of government intervention in
erations may preclude the award of full private prop- such markets.
erty rights. If existing institutions can credibly com-
mit to lease contracts, giving users secure,
transferable, long-term lease rights will permit real- Conceptual Foundations
ization of most, if not all, the investment benefits
associated with tenure security. In these cases, recog- To understand why in some cases land transac-
nition of long-term peaceful occupation in good faith tions may fail to contribute to improving productivity

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and equity, it is necessary to review the conceptual forms of rental contracts is unlikely to improve pro-
foundations that underlie the operation of land mar- ductivity (Otsuka et al. 1992). The welfare impact of
kets and how some of the market imperfections fre- rental contracts depends on the terms of the contract,
quently encountered in rural areas of the developing which in turn are affected by the outside options open
world will have a differential impact on land rental particularly to the weaker party. Efforts to expand the
and sales. range of options available to tenants, e.g. via access to
Imperfections in labor and credit markets, and infrastructure and non-agricultural labor markets, are
the scope of economies of scale in production, will likely to have a more beneficial impact on land rental
affect the way in which land markets function. A large market outcomes and rural productivity than prohibi-
literature has demonstrated that unmechanized agri- tion of certain options.
culture generally does not exhibit economies of scale Transfer of land use rights through rental markets
in production (Carter 1984, Benjamin 1995, can go a long way towards improving productivity
Deininger and Feder 2001), even though economies and welfare in rural economies. At the same time, the
of scale from marketing may in some cases be trans- ability to transfer ownership of land will be required
ferred back to the production stage. At the same time, to use land as collateral in credit markets, and thus to
the need to closely supervise hired laborers implies provide the basis for low-cost operation of financial
that owner-operated farms are more efficient than markets. This advantage comes at the cost that sales
those that rely predominantly on large numbers of markets will be more affected than rental markets by
permanent wage workers. However, rationing and col- imperfections in credit markets as well as by other dis-
lateral will be needed to overcome imperfections that tortions such as subsidies to agriculture.
are inherent to credit markets. This favors farmers Activity in land sales markets will depend on par-
who own larger amounts of land, and in environments ticipants’ expectations regarding future price move-
where access to credit is important, can lead to the ments, creating a potential for asset price bubbles that
appearance of a positive relationship between farm are not justified by the underlying productive value as
size and productivity, possibly counteracting the well as a tendency towards speculative land acquisi-
supervision cost advantage of small owner-operated tion by the wealthy in anticipation of major capital
farms. These factors will have different implications gains. Ample historical evidence also shows that in
for rental as compared to sales markets. risky environments where small landowners do not
Rental markets are characterized by low transac- have access to credit markets, distress sales of land by
tion costs and, in most cases where rent is paid on an the poor can occur, with consequent negative equity
annual basis, require only a limited initial capital out- and efficiency impacts over time. The impact of such
lay. This, together with ‘participants’ ability to adjust distress sales is magnified by the fact that, where, as in
contract terms so as to overcome market failures in most rural areas, land sales markets are thin, land
capital and other markets, implies that rental is a more prices can fluctuate considerably over time. High
flexible and versatile means of transferring land from transaction costs associated with land sales, which are
less to more productive producers than sales markets often further increased by government intervention,
(Sadoulet et al. 2001). Renting is thus more likely to can result in the segmentation of such markets where-
improve overall productivity and, in addition, can by certain strata only deal with each other or sales
provide a stepping stone for tenants to accumulate remain informal. All these factors imply that land
experience and possibly make the transition to land acquisition by the poor through the land sales market
ownership at a later stage. will be difficult, and that as a consequence, the poten-
The importance of tenure security for rental mar- tial for productivity-enhancing land redistribution
kets is illustrated by the fact that, where land tenure is through sales markets is likely to be very limited.
perceived to be insecure, long term contracts are
unlikely to be entered in. In fact, relatively insecure
tenure has been claimed to be one of the key reasons Policy Implications
for the virtual absence of long-term rental contracts in
most countries of Latin America. To realize the full benefits that can accrue from
The literature has long pointed out that rental rental markets, governments need to ensure that
arrangements based on fixed rather than share rent are tenure security is high enough to facilitate long-term
more likely to maximize productivity. Poor producers contracts, and eliminate unjustified restrictions on the
may, however, not be offered fixed rent contracts operation of such markets. Limitations on the opera-
because of the risk of default. In these circumstances, tion of land sales markets may, in some cases, be jus-
sharecropping has emerged as a second-best solution. tified on theoretical grounds. In practice, efforts to
Whether or not sharecropping contracts are associat- implement such restrictions have almost invariably
ed with sizeable inefficiencies and whether govern- weakened property rights with the result that often
ment action could lead to an improvement has been the unintended negative consequences of sales market
subject to considerable discussion. In practice, the restrictions have far outweighed the positive impacts
efficiency losses associated with sharecropping con- they were intended to achieve. With few exceptions in
tracts were found to be relatively small, and improv- the case of rapid structural change, there is little to
ing on them through government intervention has recommend such restrictions as an effective tool for
proven to be difficult, if not impossible. In view of the policy.
fact that the contracting parties have considerable Short-term rental contracts will only provide lim-
flexibility to adjust contract parameters so as to avoid ited incentives for users to undertaken landrelated
inefficiencies, for example by entering into long term investment. For longer-term contracts to be feasible,
relationships or through close supervision, the gener- long duration of land rights and high levels of tenure
al view is that prohibition of sharecropping or other security are critical and finding ways to ensure such

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LAND POLICIES FOR GROWTH AND POVERTY REDUCTION: KEY ISSUES AND CHALLENGES AHEAD

tenure security is a key policy issue. Another con- consolidation of holdings at lower costs. Although
straint on land rental markets has been the imposition high benefits from such programs are reported from
of rent ceilings or the award of implicit ownership Western Europe, the programs have been slow. Evi-
rights to tenants. While effectively implemented ten- dence from China highlights that, in environments
ancy regulation can benefit sitting tenants, it is costly where administrative capacity is limited, programs
and may thus not be an efficient way of transferring aiming at consolidation can run into great difficulties
resources to the poor, even in the short term. In the and fail to yield the expected benefits. Rigorous eval-
longer term, such restrictions will reduce the supply uation of the costs and benefits of different approach-
of land available to the rental market and undermine es to consolidation in Eastern Europe would be very
investment, directly hurting the poor. Evidence from desirable and will be required before wider adoption
countries that have eliminated such restrictions sug- of such measures can be recommended.
gests that doing so can improve access to land via
rental markets and increase households’ participation
in the nonfarm labor market and, by reducing the dis- SOCIALLY DESIRABLE LAND USE
cretionary power of bureaucrats, improve governance.
A policy issue is thus how to sequence the elimination Decentralized transactions based on secure land
of such restrictions in a way that does not undermine rights are likely to be more conducive to efficiency
equity and, in particular, protects sitting tenants. and equity while offering less scope for corruption
Credit market imperfections will affect the func- and other undesirable side effects than administrative
tioning of sales markets and may lead to situations intervention, especially as the number of exchanges
where government intervention could, in a hypothet- increases and the contractual details become more
ical world of perfect implementation, lead to out- complex. At the same time, governments have a clear
comes that would improve efficiency and equity. role to play in a number of respects. Government
Implementing such interventions has, however, needs to help establish the legal and institutional
proved to be exceedingly difficult in practice. In the framework within which land markets can function
vast majority of cases restrictions on land sales mar- and create a policy environment that rewards transac-
kets have undermined tenure security and ended up tions which will increase productivity and welfare
making things worse than they were at the outset. rather than the opposite. Where the land distribution
Restrictions on the transferability of land imposed is highly unequal and large amounts of productive
by a central authority have generally limited credit land are un- or underutilized, governments may find
access and often only pushed such transactions into it necessary to deal with fundamental issues related to
informality. Except in situations of rapid economic the distribution of asset endowments which markets
transition, they are unlikely to be justified. Local com- will not be able to address. Governments have fiscal
munities are more likely to be able to appreciate the and regulatory instruments at their disposal to pro-
costs of limiting the transferability of land to outsiders vide incentives for land use that maximizes social wel-
or the benefits of eliminating them than central gov- fare, for example by helping to internalize effects that
ernment bureaucrats. As long as such decisions are are external to individual land users. Their lack of
reached in a transparent way, aware of costs and ben- administrative capacity notwithstanding, many devel-
efits, allowing communities to decide on whether to oping countries rely disproportionately on a regulato-
maintain or drop the restrictions on land transactions ry approach, often with the result of encouraging dis-
with outsiders that generally characterize customary cretionary bureaucratic behavior. Awareness of the
systems of land tenure may be more effective than rationale for specific intervention, the different mech-
unenforceable central restrictions. anisms and the most appropriate level for doing so
Land ownership ceilings have generally been inef- can help to promote an approach that could produce
fective as a means to facilitate the breakup of large more satisfactory outcomes, both in terms of compli-
farms, and instead have led to red tape, spurious sub- ance, and in terms of reducing the red tape private
divisions, and corruption (Appu 1997). Where they entrepreneurs have to deal with.
were low, they have apparently had a negative impact
on investment and land owners’ ability to access cred-
it, as in the Philippines. The only situation where they Land Reform
can be justified is where high enough land ceilings
may help to limit the speculative acquisition of land, The fact that in many countries the current land
something that may be relevant in some CIS coun- ownership distribution has its origins in discriminato-
tries. ry policies rather than in market forces has long pro-
High levels of fragmentation, caused either by vided a justification for adopting policies aimed at
successive subdivision in the course of inheritance or land reform. The record of such policies is mixed.
by the desire to award at least one plot of a specific Land reforms have been very successful in Asia
quality or use type to each producer in the process of (Japan, Korea, Taiwan [China]) and positive impacts
land distribution, are often thought to lead to ineffi- have been reported from some African countries such
ciencies in agricultural production. The magnitude as Kenya and Zimbabwe in the early phases of their
and importance of such inefficiencies increases as post-independence land reforms (Gunning and et al
agricultural production becomes more mechanized. 2000, King 1977, Jeon and Kim 2000). At the same
Dealing with fragmentation case by case based on time, land reforms in Latin America failed to live up to
individual initiative may incur high costs of negotia- their objectives and remain incomplete in many
tion, something that has provided the justification for respects (de Janvry and Sadoulet 1989). A key reason
governments to adopt programs to complement mar- for such limited impact was that reforms were often
ket mechanisms in an effort to facilitate more rapid guided by short-term political objectives, and that an

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“agrarian” emphasis on full-time farming increased have the authority and legitimacy to re-interpret rules
their cost while reducing the number of potential ben- and thereby prevent relatively minor conflicts from
eficiaries and the reforms’ impact on poverty. evolving into large-scale confrontation. Instead of
Where extreme inequality in the land distribution opening up parallel channels for conflict resolution,
and underutilization of vast tracts of productive land something that has often contributed to increasing
co-exist with deep rural poverty, a case for redistribu- rather than reducing the incidence of land-related
tive measures to increase access to land by the poor conflict, building on informal institutions that have
can be made, both politically and from an economic social legitimacy and can deal with conflicts at low
perspective. Even in such cases, a number of different cost may be preferable.
instruments (ranging from expropriation with com-
pensation to activation of rental markets) to affect the
transfer of land will normally be appropriate and, to Land Taxation
ensure productive use of the land, land reform needs
to be combined with other programs at the govern- Local ‘governments’ lack of adequate sources of
ment’s disposal. To ensure success, access to nonland own revenue may affect not only their financial via-
assets and working capital and a conducive policy bility, but also limit their responsiveness and account-
environment are essential (Deininger 1999). Those ability to the local population. Land taxes have long
benefiting from land reform need to be able to access been identified as a source of own revenue for local
output markets as well as credit, the selection of ben- governments that is associated with minimal distor-
eficiaries needs to be transparent and participatory, tions and at the same time can encourage more inten-
and attention needs to be paid to the fiscal viability of sive land use. Even though the extent to which land
land reform efforts. taxes are used varies widely across countries, actual
Governments are more likely to meet these chal- revenues are generally well below their potential. Rea-
lenges if they use the mechanisms at their disposal in sons for this include deficient incentive structures and
concert and with the objective of maximizing syner- neglect of issues relating to assessment, tax adminis-
gies between them. This also implies a need to inte- tration, and tax rate setting, in addition to the politi-
grate land reform into the broader context of eco- cal difficulty of having significant land taxes.
nomic and social policies aimed at development and The high visibility of land taxes implies that
poverty reduction, and to implement programs in a establishing them may be difficult politically, especial-
decentralized way with maximum participation by ly in settings where landlords still wield considerable
potential beneficiaries and at least some grant ele- political power. In addition to democratic election of
ment. Given the continuing relevance of the issue, the local governments and administrative support to the
often heated political debate surrounding it, and the different aspects of tax collection, schemes to encour-
lack of quantitative evidence on some more recent age fiscal responsibility and tax collection at the local
approaches, rigorous, open, and participatory evalua- level, for example a matching of taxes collected with
tion of ongoing experiences is particularly important. central funds, can help to appropriately design and
subsequently collect land taxes. This can have a sig-
nificant impact on incentives for effective land use,
Land Conflict local government revenues, the type and level of pub-
lic services provided, and governance.
Increasing scarcity of land in the presence of high
rates of population growth, possibly along with a his-
torical legacy of discrimination and highly unequal State Land Ownership and
land access, implies that many historical and contem- Land Use Regulations
poraneous conflicts have their roots in struggles over
land. This suggests a special role for land policy in In many developing countries, the state has
many postconflict settings. An ability to deal with proven not to have the capacity to bring land to its
land claims by women and refugees, to use land as best use. Nonetheless, surprisingly large tracts of land
part of a strategy to provide economic opportunities continue to be under state ownership or management.
to demobilized soldiers, and to resolve conflicts and In peri-urban areas, unoccupied land of high potential
overlapping claims to land in a legitimate manner, will often lacks investment and is subject to bureaucratic
greatly increase the scope for postconflict reconcilia- red tape, nontransparent processes of allocation, and
tion and speedy recovery of the productive sector, a corruption. Experience demonstrates that privatiza-
key for subsequent economic growth. Failure to put in tion of such land could not only yield significant
place the necessary mechanisms can keep conflicts amounts of resources for local governments, but also
simmering, either openly or under the surface, with increase investment and the effectiveness of land use.
high social and economic costs especially because, as If public land has been occupied by poor people in
time goes by subsequent transactions will lead to a good faith for a long time and significant improve-
multiplication of the number of conflicts which can ments have been made, such rights should be recog-
result in generalized insecurity of land tenure. nized and formalized at a nominal cost to avoid nega-
Although discussion of the issue in the literature tive equity outcomes . In cases where state land of
is still limited, even comparatively “minor” conflict high potential, especially in urban areas, is unoccu-
over land can significantly reduce productivity and, as pied, auctioning it off to the highest bidder will be the
it is likely to affect the poor disproportionately, equity option of choice, especially if the proceeds can be
(Deininger and Castagnini 2002). Such conflicts are used to compensate original land owners or to provide
likely in situations of rapid demographic or economic land and services to the poor at the urban fringes at
transition. In such cases existing institutions must much lower cost.

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LAND POLICIES FOR GROWTH AND POVERTY REDUCTION: KEY ISSUES AND CHALLENGES AHEAD

Governments should have the right of compulso- ernment programs aimed at poverty reduction and
ry land acquisition, with compensation, for broader economic development.
public benefit. At the same time, the way in which In addition to cutting across institutional bound-
many developing country governments exercise this aries, issues of land policy are complex, country-spe-
right, especially for urban expansion, undermines cific, of a long-term nature, and often controversial
tenure security and, as often little or no compensation politically. This demands particular attention to the
is paid, also has negative impacts on equity. In a num- sequencing of reforms as well as their political econo-
ber of cases anticipation of expropriation without my. Even if land-related interventions will make soci-
compensation has led landowners to sell their land in ety better off, they may be challenged by vested inter-
informal markets at low prices, thereby not only forc- ests who derive considerable benefits from the status
ing them to part with a key assets at a fraction of its quo. To make policy reform feasible, an open and
real value but also encouraging unplanned develop- broadly based policy dialogue, carefully chosen and
ment and urban sprawl that will make subsequent evaluated pilots, and sharing of experience across
provision of services by the government harder and countries will be essential and can at the same time
more costly. help build local capacity for policy formulation and
The disappointing experience with state manage- implementation.
ment of land has led to a general preference for regu-
lation in order to reduce undesirable externalities, to
help maintain availability of public goods such as
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