IDEAS home Printed from https://ideas.repec.org/a/sae/envirc/v38y2020i1p97-115.html
   My bibliography  Save this article

Planning by (mis)rule of laws: The idiom and dilemma of planning within Ghana’s dual legal land systems

Author

Listed:
  • Emmanuel Frimpong Boamah

    (Department of Urban and Regional Planning, Community for Global Health Equity, State University of New York (SUNY) at Buffalo)

  • Clifford Amoako

Abstract

This paper contributes to our understanding of urban planning challenges within dual legal land systems in sub-Sahara Africa. It draws ideas from Ananya Roy’s “idioms of urbanization and planning†to make two arguments regarding the prevailing idiom of planning urban and peri-urban areas in Ghana. First, there is (mis)rule of statutory planning and land laws: the state places itself both within and outside statutory planning laws to enforce eminent domain powers, lease publicly acquired land to private developers, (un)map people, places, and informal economic activities, and pay or refuse to pay compensation for publicly acquired land. Second, this (mis)rule co-exists with (mis)rule of customary land laws: customary authorities place themselves within and outside customary laws to negotiate with state and prospective land buyers, (re)lease publicly acquired lands to private developers, and engage in double dipping within Ghana’s deregulated land market (i.e. leasing the same land parcel to multiple developers). Thus, both state and customary authorities, as sovereign keepers of statutory and customary land and planning laws, are able to place themselves within and outside Ghana’s dual legal land rules to declare property ownership, enclaves of value, and zones of exception. Herein lies the idiom and dilemma of planning within Ghana’s dual legal land systems: (mis)rule of statutory and customary planning and land laws.

Suggested Citation

  • Emmanuel Frimpong Boamah & Clifford Amoako, 2020. "Planning by (mis)rule of laws: The idiom and dilemma of planning within Ghana’s dual legal land systems," Environment and Planning C, , vol. 38(1), pages 97-115, February.
  • Handle: RePEc:sae:envirc:v:38:y:2020:i:1:p:97-115
    DOI: 10.1177/2399654419855400
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/2399654419855400
    Download Restriction: no

    File URL: https://libkey.io/10.1177/2399654419855400?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Franklin Obeng-Odoom, 2015. "Africa: On the Rise, but to Where?," Forum for Social Economics, Taylor & Francis Journals, vol. 44(3), pages 234-250, December.
    2. Kasanga, R. Kasim & Cochrane, Jeffrey A. & King, Rudith & Roth, Michael J., 1996. "Land Markets And Legal Contradictions In The Peri-Urban Area Of Accra Ghana: Informant Interviews And Secondary Data Investigations," Research Papers 12747, University of Wisconsin-Madison, Land Tenure Center.
    3. Berry, Sara, 1997. "Tomatoes, land and hearsay: Property and history in asante in the time of structural adjustment," World Development, Elsevier, vol. 25(8), pages 1225-1241, August.
    4. Nyame, Frank K. & Blocher, Joseph, 2010. "Influence of land tenure practices on artisanal mining activity in Ghana," Resources Policy, Elsevier, vol. 35(1), pages 47-53, March.
    5. Franklin Obeng-Odoom, 2014. "Urban Land Policies in Ghana: A Case of the Emperor’s New Clothes?," The Review of Black Political Economy, Springer;National Economic Association, vol. 41(2), pages 119-143, June.
    6. Prosper Issahaku Korah & Patrick Brandful Cobbinah & Abraham Marshall Nunbogu, 2017. "Spatial Planning in Ghana: Exploring the Contradictions," Planning Practice & Research, Taylor & Francis Journals, vol. 32(4), pages 361-384, August.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Walter Dachaga & Walter Timo de Vries, 2021. "Land Tenure Security and Health Nexus: A Conceptual Framework for Navigating the Connections between Land Tenure Security and Health," Land, MDPI, vol. 10(3), pages 1-21, March.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Cobbinah, Patrick Brandful & Asibey, Michael Osei & Gyedu-Pensang, Yaa Asuamah, 2020. "Urban land use planning in Ghana: Navigating complex coalescence of land ownership and administration," Land Use Policy, Elsevier, vol. 99(C).
    2. Mintah, Kwabena & Boateng, Festival Godwin & Baako, Kingsley Tetteh & Gaisie, Eric & Otchere, Gideon Kwame, 2021. "Blockchain on stool land acquisition: Lessons from Ghana for strengthening land tenure security other than titling," Land Use Policy, Elsevier, vol. 109(C).
    3. Hausermann, Heidi & Ferring, David & Atosona, Bernadette & Mentz, Graciela & Amankwah, Richard & Chang, Augustus & Hartfield, Kyle & Effah, Emmanuel & Asuamah, Grace Yeboah & Mansell, Coryanne & Sastr, 2018. "Land-grabbing, land-use transformation and social differentiation: Deconstructing “small-scale” in Ghana's recent gold rush," World Development, Elsevier, vol. 108(C), pages 103-114.
    4. Frimpong Boamah, Emmanuel & Sumberg, James & Raja, Samina, 2020. "Farming within a dual legal land system: An argument for emancipatory food systems planning in Accra, Ghana," Land Use Policy, Elsevier, vol. 92(C).
    5. Asongu, Simplice & Nwachukwu, Jacinta, 2016. "Reconciliation of the Washington Consensus with the Beijing Model in Africa," MPRA Paper 73685, University Library of Munich, Germany.
    6. Damonte, Gerardo, 2021. "Limited state governance and institutional hybridization in alluvial ASM in Peru," Resources Policy, Elsevier, vol. 72(C).
    7. Franklin Obeng-Odoom, 2011. "Real Estate Agents in Ghana: A Suitable Case for Regulation?," Regional Studies, Taylor & Francis Journals, vol. 45(3), pages 403-416.
    8. Bouquet, Emmanuelle, 2009. "State-Led Land Reform and Local Institutional Change: Land Titles, Land Markets and Tenure Security in Mexican Communities," World Development, Elsevier, vol. 37(8), pages 1390-1399, August.
    9. Simplice A. Asongu & Rexon T. Nting, 2021. "The role of finance in inclusive human development in Africa revisited," Working Papers 21/006, European Xtramile Centre of African Studies (EXCAS).
    10. Ahmed, Abubakari & Kuusaana, Elias Danyi & Gasparatos, Alexandros, 2018. "The role of chiefs in large-scale land acquisitions for jatropha production in Ghana: insights from agrarian political economy," Land Use Policy, Elsevier, vol. 75(C), pages 570-582.
    11. Simplice A. Asongu & Uchenna R. Efobi & Belmondo V. Tanankem & Evans S. Osabuohien, 2019. "Globalisation and Female Economic Participation in Sub-Saharan Africa," Working Papers of the African Governance and Development Institute. 19/019, African Governance and Development Institute..
    12. Asongu, Simplice & Nwachukwu, Jacinta C., 2015. "Finance and Inclusive Human Development: Evidence from Africa," MPRA Paper 71787, University Library of Munich, Germany.
    13. Asongu, Simplice A & Nwachukwu, Jacinta, 2016. "PhD by Publication as an Argument for Innovation and Technology Transfer: with Emphasis on Africa," MPRA Paper 75411, University Library of Munich, Germany.
    14. Elias Danyi Kuusaana & Nicolas Gerber, 2015. "Institutional Synergies in Customary Land Markets—Selected Case Studies of Large-Scale Land Acquisitions (LSLAs) in Ghana," Land, MDPI, vol. 4(3), pages 1-27, September.
    15. Simplice A. Asongu & Uchenna R. Efobi & Belmondo V. Tanankem, 2017. "On the Relationship between Globalisation and the Economic Participation of Women in Sub-Saharan Africa," Research Africa Network Working Papers 17/001, Research Africa Network (RAN).
    16. Oasis Kodila-Tedika & Simplice Asongu & Matthias Cinyabuguma, 2016. "The White Man’s Burden: On the Effect of African Resistance to European Domination," Working Papers of the African Governance and Development Institute. 16/016, African Governance and Development Institute..
    17. Richmond J. Ehwi & Lewis A. Asante, 2016. "Ex-Post Analysis of Land Title Registration in Ghana Since 2008 Merger," SAGE Open, , vol. 6(2), pages 21582440166, April.
    18. Ehwi, Richmond Juvenile & Mawuli, Divine Asafo, 2021. "‘Landguardism’ in Ghana: Examining public perceptions about the driving factors," Land Use Policy, Elsevier, vol. 109(C).
    19. Bidhan Kanti Das, 2019. "Denial of Rights Continues: How Legislation for ‘Democratic Decentralisation’ of Forest Governance was Subverted in the Implementation Process of the Forest Rights Act in India," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 31(4), pages 957-983, September.
    20. Festus A. Asaaga, 2021. "Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?," Land, MDPI, vol. 10(2), pages 1-17, February.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:envirc:v:38:y:2020:i:1:p:97-115. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: . General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.