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Legal Impediments to Effective Rural Land Relations
in Europe and Central Asia: A Comparative Perspective
World Bank. RDI attorneys prepared a comprehensive
research report that included the construction of a methodology for officials
in Europe and Central Asia to assess the extent to which existing legal
and institutional environments effectively support rural land relations.
Containing chapters on land ownership, privatization, transactions, restitution,
use regulation, mortgage, taxation, compulsory acquisition, and administrative
institutions, the report sets out a sampling of applicable comparative
law from developed land market countries, and then catalogs the existing
legal impediments to land relations in the EE/FSU countries. The report
also contains a treatment of gender-related issues and land-related judicial
institutions. March to November 1998.
Albania: Land Registration and Land Market Project
Evaluation
ARD and USAID. RDI co-conducted an in-country evaluation
of the status of an Albanian land registration and land market project.
The project included a field evaluation of registration system procedures
and processes in six district registration offices and the Tirana central
registration office. RDI attorneys also evaluated the process and progress
of incorporating old, existing property transfer documents (primarily
for apartments) into the new registration system. Also included were a
document and statistics review and interviews of representatives from
the Albanian government, Albanian NGOs, project teams, USAID, EU/Phare,
the World Bank, Albanian private service providers, the Albanian banking
industry, Albanian Notaries Association, and Albanian real estate brokers.
RDI ultimately provided an assessment of project-to-date accomplishments,
made recommendations as to what should yet be accomplished prior to the
projects end, and recommended land market support activities that
might be undertaken by USAID after the projects completion. October
to December 2000.
Bulgaria: Land and Real Estate Mortgages
Reform Assessment and Follow-On Review
World Bank. This project included reviewing the
institutional and legal framework for mortgages, stakeholder discussions,
and an assessment as to legal, financial, economic, institutional, and
political feasibility for mortgage law reform. Extensive fieldwork was
conducted in both rural and urban areas and included interviews with farmers,
bankers, real estate brokers, lawyers, and banking and real estate associations.
A paper was written for the World Bank and was presented at the stakeholder
workshops held in Sofia, Plovdiv, and Varna. The paper was published by
RDI. September 2000 to May 2001.
Bulgaria: Land Mortgages Legal Review and Recommendations
World Bank. RDI attorneys provided legal analysis
and recommendations focusing on rural finance and agricultural land mortgages
in Bulgaria. March to June 2000.
Bulgaria: Land Mortgages Fieldwork, Research, and Recommendations
World Bank. Fieldwork, report, recommendations, and in-country workshop
focusing on rural finance and agricultural land mortgages. February to
June 1999.
Georgia: Project to Develop Land Markets
USAID/Booz Allen & Hamilton, Inc. RDI provided
legal and consulting services on the USAID-financed "Project to Develop
Land Markets in Georgia." RDI activities included field research,
policy development, and legal drafting related to the development of urban
and rural land and real estate markets in Georgia.
RDI lawyers worked closely with the project's team of Georgian lawyers
on a variety of outputs, including: a comprehensive assessment of the
legal basis for both rural and urban land ownership and land markets;
a draft decree on speeding up land registration (this decree was modified
and signed by President Shevardnadze); and a policy assessment of whether
and how to privatize agricultural land remaining in state ownership. November
1997 to October 2000.
Kyrgyz Republic: Local Customary Institutions
and Their Influence Upon Womens Access to Land
World Bank. An RDI attorney and a Kyrgyz sociologist
conducted extensive field research regarding the local institutions that
enforce and implement customary law in the Kyrgyz Republic and how those
institutions influence womens access to land and other agricultural
inputs. The team interviewed groups of rural women, village administrators,
village heads, members of the court of aksakals, mahallya committees,
womens councils, womens NGOs, mullahs, schoolteachers, clan
leaders, and judges. The results illuminated the variety of institutions
that enforce customary law in villages, and obtained the information needed
for policymakers and technical advisors to better conduct processes of
legal reform and drafting, legal education, and assistance in the exercise
of legal rights. RDI prepared a report including a variety of recommendations.
May to October 2001.
Kyrgyz Republic: Womens Access to Real Property
World Bank. RDI organized and led a team of legal
and social sciences researchers in rural areas across the Kyrgyz Republic
to determine the extent to which Kyrgyz womens rights to real property
had been affected by new land rights and tenure laws. The research focused
on determining and contrasting customary rights and laws with the modern,
written legislation. Team members interviewed groups of rural women and
men, local and regional officials, judges, members of village Courts of
Elders, religious officials, rural gender advisors, and NGO activists.
The effort included preparation of a findings paper, a presentation to
World Bank staff in Washington, D.C., and a 1-day workshop in Kyrgyzstan
for government and donor representatives. The World Bank published the
findings in June 2001. May to August 2000.
Kyrgyz Republic: Analysis and Development of Legislation
Regarding Private Ownership of Land
ARD/Checchi and USAID. RDI provided legal drafting
assistance and policy advice on a package of laws on land and land market
development including the: (1) land code; (2) law on registration; (3)
peasant farm law; (4) law on cooperatives; (5) law on mortgage; and (6)
law on privatization of land. The advice was based on numerous rounds
of rural fieldwork conducted through the country. The assistance included
extensive review, commentary, provision of comparative information and
laws, and legislative drafting. With the passage of the package of laws
in late 1999, RDI provided assistance with education and regulatory development.
October 1998 to July 1999.
Kyrgyz Republic: On-Going Land Market Development,
Land Reform, and Regulatory Reform Legal and Policy Consulting
ARD/Checchi and USAID. RDI provided ongoing legal
regulatory and institutional reform, legal drafting assistance, policy
advice, and implementation assistance on the new Kyrgyz land code and
laws on registration, peasant farms, cooperatives, mortgage, and privatization
of land. RDI also organized and led an extensive field research and survey
effort directed at obtaining baseline information on land administration,
dispute resolution, land use, servitudes, and zoning to inform the drafting
of regulations and institutional reform. The fieldwork and survey results
were used in the development of implementing regulations and in public
education programs. RDI attorneys then participated in the design and
writing of a training program on land legislation and legal issues related
to land ownership and land transactions presented to Kyrgyz lawyers slated
to staff legal assistance centers. RDI lawyers also participated in the
3-week training session as trainers and facilitators. August 1999 to August
2001.
Lithuania, Poland & Romania: Review of the Legal
Basis
for Agricultural Land Markets, and Implications for EU Accession
The World Bank. A RDI legal team conducted a study
in Lithuania, Poland and Romania to assess the legal basis for each country's
market in agricultural land, and to identify issues relevant to entry
into the European Union. The study consisted of gathering the relevant
laws, regulations, and other legal materials, and then carrying out field
research in each country to gauge the impact of the laws, and to identify
unresolved legal issues. During the field research, RDI lawyers interviewed
government policymakers, non-government specialists, private farmers,
and rural landowners. The RDI legal team prepared a report incorporating
its analysis and recommendations from the study. The report also included
a matrix comparing the legal bases of each country. These materials were
presented at the World Bank and FAO-sponsored "Second EU Workshop"
held in Warsaw in June of 1999. The report was published in World Bank
Technical Paper No. 465, Structural Change in the Farming Sectors in Central
and Eastern Europe (2000).
Recommendations from the study include streamlining administrative and
conflict resolution processes to speed up land restitution, completing
land privatization, developing registration systems that register all
rights and encumbrances to land, eliminating confiscatory penalties for
land use violations, and giving the three countries some transition time
to change legal rules (such as foreign ownership) which, if changed immediately,
could cause disruption and discord in the countryside. February through
August 1999.
Republic of Moldova: Land Privatization Program
Booz Allen & Hamilton Inc. and USAID. RDI served
as a primary subcontractor for the Republic of Moldova's Land Privatization
Program. RDI attorneys in Seattle provided additional support. RDI assisted
the Government of Moldova in developing the necessary legal, regulatory,
and institutional environment to privatize agricultural and commercial
land and remove obstacles to land sales and other transactions. This effort
included design and implementation of a nationwide program for mass titling
and registration of land. The resident RDI attorney provided the leadership
for the project's legal team, and served as the Chief of Party for the
final four months of the project. Other RDI activities included advising
on new and amended legislation (Land Code, Cadastre Law, Notary Law, and
others); preparation of a manual describing the process for sale, lease,
bequest, and exchange of agricultural land; and ongoing assistance with
publication of a monthly agricultural newsletter for farmers and officials.
RDI supervised creation of ten rural-based legal aid centers to help new
landowners enforce their land rights. January 1996 to December 2000.
Romania: Rural Land Market Study
World Bank. As part of the process of preparing
The World Bank's "Romania Rural Development Project," RDI attorneys
conducted a field survey of rural land markets in order to identify measures
needed to improve market performance. The survey results and recommendations
were presented at a rural development workshop (July 5 & 7, 1999),
and subsequently articulated in a written report.
Recommendations from the field survey include reducing excessive notary
fees, implementing measures to facilitate mortgage lending, holding land
auctions, and simplify and reduce the land tax rates. June through October
1999.
Russia: Policy and Legal Advice on Land Privatization and Land Market
Development
USAID. RDI implemented a USAID-financed cooperative agreement to provide
comprehensive legal and consulting services to the Government of Russia
on policy, legal, and administrative issues of land reform, farm restructuring,
land registration, and land market creation. RDI also conducted rural
field research and managed two legal aid centers providing advice to rural
landowners on how to best use their new land rights. The project included
a Moscow office and in-country staff.
Major activities included key inputs into the State Duma deliberations
on the draft basic law on land (the "Land Code"), advice to
regional governments on development and implementation of regional legislation
on private land ownership, field research in several provinces, consultations
with high government officials, preparation of multitudes of background
and policy documents on a wide range of land-related issues, establishment
and management of a legal aid center in Samara Province, and management
of a legal aid center in Vladimir Province. August 1997 through February
1999.
Russia and the Former Soviet Union:
Legal Aid for Asset-Based Rural Development
World Bank. As a recipient of a year 2000 Development
Marketplace Grant, RDI supported and worked with rural legal aid centers
in two provinces of Russia (staffed by Russian lawyers) to help farmers
and other rural land owners understand, protect, and utilize their property
rights to improve their economic lives. This legal aid initiative helped
individual clients, carried out public education activities in neighboring
provinces, and culminated in the creation and support of an additional
legal aid program in Moldova. All of the legal aid centers continue to
operate today through support from RDI and other private donors. April
2000 to March 2001.
Russia: Policy Advice on Russian Federation Land Privatization
USAID/Harvard Institute for International Development.
RDI worked under two USAID-financed activities -- a cooperative agreement
and the "Legal Reform Project" -- to provide services on policy,
legal, and administrative issues of land reform, farm restructuring, land
registration, and land market creation in the Russian Federation. RDI
also conducted rural field research and established a legal aid center
providing advice to rural landowners on how to best use their new land
rights. The project included a RDI attorney resident in Moscow from August
1994 through July 1997.
Major activities included key inputs into two presidential decrees on
land reform, work on the law on land registration, drafting of a basic
law on land, consultations with high government officials, and preparation
of multitudes of background and policy documents on a wide range of land-related
issues, field research in several Russian provinces, providing expertise
to USAID's Regional Investment Initiative, and establishment and management
of a legal aid center in Vladimir Province. October 1993 through July
1997.
Tajikistan: Institution-Building Technical Assistance
Project
LTC, SOFRECO, and the World Bank. RDI provided consultant
services in support of farm restructuring and de-monopolizing the state
cotton marketing entity and its ginneries. RDI attorneys conducted rural
fieldwork, characterized the status of farm re-structuring, reviewed existing
legal framework for the development of an agricultural land market, made
recommendations on new legislation that may be required, and provided
advice as to a process for the development and enactment of the new legislation,
regulations and by-laws. Recommendations included basic tenure reform
measures, development of secondary, supporting regulations that would
support land market and leasing activity, and a variety of actions that
would work to develop and establish the rule of law. September to November
1998.
Ukraine: Land Titling Initiative
Chemonics and USAID. An RDI attorney is serving
as legal adviser on a project to privatize 1.8 million parcels of agricultural
land and 13,500 parcels of non-agricultural land. Activities to date include
preparation of project work plan, completion of a comprehensive legal
review and analysis of Ukrainian land legislation and its impact on project
activities, and ongoing legal and policy advice related to a variety of
laws. Special emphasis is being directed toward a land registration law,
a takings law, a lease law, and a number of surveying and cadastre laws.
June 2001 to present.
Ukraine: Field Research and Report
on the Prospects for Agricultural Reform
RONCO Consulting Corporation and USAID. RDI performed fieldwork and a
study to assess the political feasibility for carrying out meaningful
land privatization and breakup of former collective farms into new commercially
viable private farms that either own or lease their land from private
individuals at fair market rates. September to October 1998.
Ukraine: Legal and Policy Advice on Land Code
RONCO Consulting Corporation and USAID. RDI performed
an in-country evaluation and made recommendations on the draft Ukrainian
Land Code, undertaken toward the goals of clearly and concretely providing
for private rights to own, use, and carry out transactions in land, defining
and limiting the government's role as a regulator of private rights, and
supporting and protecting the rights to agricultural land that are currently
held by the citizens of Ukraine. March to April 2000.
Ukraine: Legal and Policy Advice on Land Code
World Bank. RDI supplied consulting on the drafting
of the Ukrainian Land Code, undertaken toward the goals of clearly and
concretely providing for private rights to own, use, and carry out transactions
in land, defining and limiting the government's role as a regulator of
private rights, and supporting and protecting the rights to agricultural
land that are currently held by the citizens of Ukraine. May to December
2000.
Uzbekistan and Kyrgyz Republic:
Agricultural Factor Market Research Workshop
USAID. An RDI attorney participated as a consultant
in a research workshop on the impact of farm restructuring on land, labor,
and financial markets. The RDI attorney analyzed Uzbek land legislation,
conducted field research, and provided comparative information on the
Kyrgyz Republic. The fieldwork was partially focused on women's rights
to land. The RDI attorney wrote a paper regarding the Uzbek land legislation
and its impact on farm restructuring and a land market. January to February
1998.
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