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Nature of common lands in a post-communist country – The Polish perspective

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  • Kocur-Bera, Katarzyna

Abstract

Since the unregulated legal status of land results in the violation of its legal and economic security, intensified land marginalization, a decrease in local government income caused by tax revenue loss and hinders effective real estate management and trade, national governments try to regulate legal rights to real estate. This paper presents an analysis of common land (acr. CL). This form of management combines the features of real estate whose legal regulation is unclear, which is located between the private and public (state/commune) ownership and the common law associated with the possibility of using or gaining interest. This study aims to examine the extent of common lands in Europe, to analyse the possibility of regulating the legal status of common lands and to demonstrate the effects resulting from the possibility of free law interpretation. An interdisciplinary concept was employed, combining the historical approach based on archival sources and the quantitative-qualitative approach based on descriptive, normative, and statistical information. This made it possible to estimate and compare feasible solutions that take into account the size (and market value) of a share in common lands. These methods were applied in the case of a medium-size common land situated in the Mazowieckie Voivodship (Poland). The findings quantitatively showed the scale of the freedom with which legal regulations can be interpreted, which can be up to 100% of the share. This research problem is of particular importance to users of CL situated near urban areas.

Suggested Citation

  • Kocur-Bera, Katarzyna, 2021. "Nature of common lands in a post-communist country – The Polish perspective," Land Use Policy, Elsevier, vol. 108(C).
    • Handle: RePEc:eee:lauspo:v:108:y:2021:i:c:s0264837721002556
    DOI: 10.1016/j.landusepol.2021.105532
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    References listed on IDEAS

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    1. Elizabeth J.Z. Robinson, 2008. "India’s Disappearing Common Lands: Fuzzy Boundaries, Encroachment, and Evolving Property Rights," Land Economics, University of Wisconsin Press, vol. 84(3), pages 409-422.
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    3. Sochanny Hak & John McAndrew & Andreas Neef, 2018. "Impact of Government Policies and Corporate Land Grabs on Indigenous People’s Access to Common Lands and Livelihood Resilience in Northeast Cambodia," Land, MDPI, vol. 7(4), pages 1-20, October.
    4. Edella Schlager & Elinor Ostrom, 1992. "Property-Rights Regimes and Natural Resources: A Conceptual Analysis," Land Economics, University of Wisconsin Press, vol. 68(3), pages 249-262.
    5. Kanchan Chopra, 2017. "Development and Environmental Policy," SpringerBriefs in Economics, in: Development and Environmental Policy in India, chapter 0, pages 1-12, Springer.
    6. Milczarek-Andrzejewska, Dominika & Zawalińska, Katarzyna & Czarnecki, Adam, 2018. "Land-use conflicts and the Common Agricultural Policy: Evidence from Poland," Land Use Policy, Elsevier, vol. 73(C), pages 423-433.
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    More about this item

    Keywords

    Common lands; Co-owner; Rural land; Division of common land; The traditional form of collective land management; Authorized land user;
    All these keywords.

    JEL classification:

    • K25 - Law and Economics - - Regulation and Business Law - - - Real Estate Law
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law
    • R14 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General Regional Economics - - - Land Use Patterns
    • R28 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Household Analysis - - - Government Policy

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