LAND MANAGEMENT IN CAPITALIST WORLD

(JAPAN AND KOREA)

Presented to: Dr. Muhammad Asim

Presented by: Hassan Nisar (2020-CRP-08)
Romaiza Amjad (2020-CRP-19)
 DEFINITION

Land management system refers to the planning, development, utilization,

conservation, and administration of land resources in a specific geographic area. This
system encompasses various practices and policies aimed at achieving sustainable
land use while addressing economic, social, and environmental objectives
 HISTORICAL EVOLUTION

• In ancient civilizations such as Mesopotamia, Egypt, and China, rudimentary land

management practices emerged alongside the development of agriculture. These
societies implemented irrigation systems, land allocation strategies, and rudimentary
land tenure systems to ensure food security and social stability
• During the Middle Ages in Europe, the feudal system dominated land management.
Land was owned by feudal lords who granted parcels to vassals in exchange for
military service or other obligations.
• The 20th century witnessed the emergence of modern land management practices
influenced by concepts of sustainable development, conservation, and urban
planning.
 PRIVATE PROPERTY RIGHTS

• Right to Use: Property owners have the right to use their property as they see fit but by
following the applicable laws, regulations, and zoning ordinances. This includes the
right to occupy, cultivate, develop, or operate their property for residential, commercial,
industrial, agricultural, or recreational purposes.
• Right to Control: Property owners have the right to control their property and make
decisions regarding its management, maintenance, and disposal. This includes the right
to make changes, renovations, or additions to their property.
• Right to Transfer: Property owners have the right to transfer ownership of their
property to others through sale, gift, exchange, or inheritance. This includes the right to
sell or lease their property to third parties through legal instruments such as deeds,
contracts, or wills.
 PRIVATE PROPERTY RIGHTS(2)

• Right to Exclude: Property owners have the right to exclude others from their
property and to enforce boundaries or restrictions on access. This includes the
right to prevent trespassing, encroachment, and unauthorized use of their property
by third parties.
• Right to Defend: Property owners have the right to defend their property against
trespass, theft, vandalism, or other unlawful interference. This may include the
right to use reasonable force or legal remedies to protect their property and
enforce their property rights against violators
 CONTEMPORARY CHALLENGES

• Urbanization: Rapid city growth and infrastructure strain.

• Climate Change: Increased natural disasters and land degradation.
• Biodiversity Loss: Ecosystem preservation.
• Land Degradation: Sustainable management practices
 CASE STUDY 1 - JAPAN

• The land management system in Japan is unique and multifaceted, shaped by a

combination of historical, cultural, and economic factors. In Japan, land ownership is
primarily based on the principle of private property rights.
• In Japan the land is often owned by families or corporations rather than individuals.
• The concept of "dual ownership" exists, where the surface rights and subsurface
rights can be owned separately.
• Japan has a unique land tenure system known as "shoyu," which refers to the system
of long-term leases for residential and commercial properties. Under this system,
landowners lease their land to tenants for an extended period, often several decades or
even centuries.
• The land management system in Japan reflects a balance between traditional cultural
values, efficient urban development, and environmental sustainability.
 MEIJI PERIOD (1868-1912)

 Early reforms by the Meiji government included declaring all farmland to be owned
by farmers, abolishing feudal domains, and introducing a new land tax system in
1873.

 Land and property rights were among the first institutions to be reformed under the
feudal regime, in theory all land belonged to the emperor and could be neither bought
nor sold.

 The basis of political power was control over land, and domains maintained
detailed cadastral registers that recorded the location, size, yield and cultivating rights
of every plot of land.
• Peasant farmers were prohibited from freely choosing what crops to grow, or
selling or leaving their land, but had rights to cultivate certain plots as long as
they paid their taxes in rice.
• Taxes varied greatly according to the domain and are variously estimated to
have been from as low as 20–30% to as high as 60% of yields
• The introduction of title deeds and the land registry system were significant
developments.
 POST-WAR LAND REFORM (1945-1952)

 Redistribution of Land: The occupation authorities initiated a major land reform,

redistributing land from landlords to tenant farmers to eliminate the rural landlord class
and prevent reconcentration of farmland.
• Impact: This reform had a profound impact on property rights, particularly in rural
areas, and was instrumental in democratizing land ownership​​.
 LEGAL AND INSTITUTIONAL
FRAMEWORKS

• Constitutional Guarantees: The Meiji Constitution provided strong protection for

property rights a tradition that continued despite attempts at reform during the post-
war occupation.
• Planning and Regulation: Over time, Japan has developed a robust system of land
regulation including building codes, zoning laws, development permits, and urban
growth boundaries. Significant laws include the Basic Land Law of 1989 and the
Landscape Law of 2005​​.
 CHALLENGES FACED BY JAPAN

• Japan faces a lot of challenges in managing the land due to high rate of urbanization
because of unstoppable population of the country. Japan is a densely populated country
with limited land resources, especially in urban areas. The high demand for land has led to
land scarcity and increased competition for space, resulting in high property prices and
urban sprawl.
• Conflicts often arise between competing land uses, such as agriculture, urban
development, conservation, and infrastructure projects. Balancing economic development
with environmental preservation and community interests requires careful planning and
stakeholder engagement
• Japan is prone to natural disasters such as earthquakes, tsunamis, typhoons, and floods.
Climate change exacerbates the frequency and intensity of these events, posing risks to
infrastructure, property, and human lives.
 CASE STUDY II - KOREA

Growth management in Korea has its roots in the early 1960s due to the rapid
population increase in the (Capital Region) Seoul Metropolitan Region. Initially,
policies were sparse until the population surged to over five million by the late 1960s.
Throughout the 1970s, various measures were implemented to curb the growth in
Seoul, such as:

 Relocation of central government agencies outside the Capital Region.

 Introduction of head taxes.

 Delegation of central government functions to local governments.

 GROWTH-MANAGEMENT PROGRAMS

• Growth management is generally defined as a land-use planning tool designed to

regulate community growth in terms of location, timing, rate, and cost. In Korea,
these programs include conventional zoning regulations, permitting procedures,
development caps, restrict development zones, farmland preservation, and
exactions. However, despite these efforts, significant challenges remain. The
central government has scrutinized the effectiveness of these measures,
highlighting several critical issues:

 The inefficiency view of growth management.

 Property-rights challenges.

 Devolutionist prejudice.
 PROBLEMS IN THE GROWTH-
MANAGEMENT SYSTEM

 Inadequate public facilities and infrastructure.

 Environmental degradation.

 Ineffective implementation of zoning and land-use regulations.

 Public dissatisfaction with contemporary development patterns.

 POSSIBLE REFORMS OF GROWTH
MANAGEMENT

Adequate Public-Facilities Requirement

Implementing a concurrency requirement to ensure that public infrastructure is available to support new
developments. New innovative techniques should be established to regulate the timing of growth in
particular. Zoning regulation provides an excellent tool to control the location of growth, but not the speed of
growth. Without proper control of the speed of growth, consistent degradation of the environment and
community quality of life cannot be stopped in any case.
Growth-Phasing Programs
The concept of phasing growth needs to be more enriched to control the timing of growth in particular. The
central government is reportedly preparing Metropolitan Region Plans for several large metropolitan areas
for which greenbelts would be removed or readjusted. The growth-phasing program as thus enriched may
have advantages over adequate standards of public facilities. Adequate public-facilities standards would
ensure the adequacy of facility services, but in a year when systems enjoy adequate capacities, these controls
might not reduce the rate of growth.
 POSSIBLE REFORMS OF GROWTH MANAGEMENT(2)
Development Rights Acquisition
Utilizing techniques of acquisition of development rights, which embrace the transfer of development rights (TDRs) and the
purchase of development rights (PDR) programs, may be introduced as a means of preserving open space and farmland. TDR
programs, which involve creating specific ‘sending’ and ‘receiving’ zones for development rights, are suggested to preserve
farmland and environmentally sensitive areas at direct cost to taxpayers.
Pay-As-You-Go Financing
financing methods should be explored to fund a wide range of improvements in capital facilities in a relatively short time.
Most governments cannot generate sufficient revenues from current sources to finance all the infrastructure needs that have
been identified. Therefore, governments should be careful to ensure whatever the source of funds can finance a significant
portion of capital needs. A variety of development fees, by which developers are commonly required to pay for development,
are currently being charged. But the diverse fees are not necessarily used to finance the capital improvements required to
support new development. In this sense, they cannot be termed a method of ‘pay-as-you-go’ financing.
Top-Down Planning Framework
Ironically, however, although Korea’s intergovernmental relations are characterized as a top–down system, current legislation
does not provide adequate mechanisms to guard the integrated planning requirements. Land-use reformers suggest the
responsibilities of planning and land-use regulation to be under local control. And also, as the trend of the ‘hollowing out of
the state’, which refers to the complex process of functional transfer of the central government, is increasingly dominant, there
have been changes in the distribution of functional responsibilities within the central-local government relationship.
THANK YOU!