Sustainable Land management - new challenge for surveyors and land experts

Univ.Prof. Dr.- Ing. Holger MagelFIG Honorary President

Member of German Advisory Board for Spatial development

Speaker of German Alliance of Academies for Rural Areas

Istanbul ,15 November, 2012

www.landentwicklung-muenchen.dewww.akademie-bayern.de

Soil Quality for Sustainable Land ManagementOrganic Matter and Aggregation Interactions that Maintain Soil Functions

Martin R. Carter in Agronomy Journal – Article January 2012

SUSTAINABLE LAND MANAGEMENT AND SOIL QUALITY

Soil quality is considered a key element of sustainable agriculture (Warkentin, 1995). The latter refers to productivity, economic, social, and environmental components of land use systems (Smyth and Dumanski, 1995). Although sustainability issues are much broader than soil quality, the strong emphasis on maintaining the natural-resource base ensures that maintaining good soil quality is an integral part of sustainable agriculture (Miller and Wali, 1995)…….

It`s all about

People

Places

Politics

Walberla / Fränkische Schweiz

Human DignityHuman Rights

(Civil and Social contract)Intra‐generational Justice

Inter‐generationalJustice

1.Fairnessto 

Equal Opportunities

Bottom‐up Development

3.Fairness of Procedures(Good governance,  Fair procedures 

between North and South)

2.Fairness to Satisfying daily needs

(Basic Requirements)

Source: GLOBAL ABER GERECHT Klimawandel bekämpfen, Entwicklung ermöglichen ‐ Ein Report C.H.BECK

When we talk about People, we should talk about Human dignity and Human rights . This means that we talk finally about the 3 fairnesses

Living in community (welfare)

Living in environment(sustainability)

Education Supplying

Employment Recreation

Housing Traffic Communication

Ubiquitious basic functions of human existence and living conditions

What is Land?

G. Larsson talks about Land in a broader sense:1.It is the soil and what lies beneath and its characteristics, including water conditions.2.We will include what is growing on the land,likecrops,trees etc.Furthermore infrastructure and buildings.3.Not only the area itself is important,but also the entireenvironment.Furthermore what constitutes land,the use ofland and the value of land is far more than can be seen bynaked eye.The legal and institutional background must beconsidered.Terms such as real estate or real property areoften used for this complex of physical features andinstitutional rights.

Dale , Mahoney, McLaren, FIG WW HK 2007

1.In one sense land is something physical, a geological or biological part of the earth. 2.In many juridical systems the legal profession defines the land in a very different way as an abstract set of property rights that govern the use of the land and the ability of the owner to acquire or dispose of these rights. These rights may be considered to extend ‘from the centre of the Earth to the infinite in the sky’ (like german civil code BGB ) and include all things in permanent contact with the soil such as buildings, minerals and vegetation…

Dale , Mahoney , McLaren FIG WW 2007 Hongkong

As societies become more complex, the range of interests in land and the types of transaction that take place become more complicated and cause conflicts. In addition to simple sales and rental transactions, there may be first and secondary mortgages, environmental obligations, agricultural quotas etc. all of which may be bought or sold in the market place.Increasingly, cadastral records are not only used to support land transfers or land taxation, but as an information base for the marketing of non landownership-related goods and services, such as selling insurance policies or household effects.

Main Phases in Humankind/Land Relationship

Late 1700s-WWIIIndustrial Revolution &

Land Markets

Land = Commodity as well as Wealth

Post WWIIPost-War

Reconstruction

Land = Scarce Resource

as well as Wealth and Commodity

Up to late 1700sAgricultural Revolution

then Feudalism

Land = Wealth

1980s onwardsInformation Revolution

Sustainable Development Social Equity

Land = Community Scarce Resource as well as Wealth and Commodity

Fiscal Transfer Planning Multi-purpose

Cumulative Evolution of Application for Cadastre

Trends in Geomatics – Technical University of Munich – Ian Williamson 2000

This fact makes it impossible to leave its use tobe determined by the obscure interplay ofmarket forces and the whim of the individual. Anequitable legal and social system calls insteadfor the public interest to play a much strongerrole in the case of land than in the case of otherproperty assets. That is why land cannot betreated as moveable goods in legalrelationships.

Source: German Federal Constitutional Court, 1967

….“Land, because of its unique (scarce) nature

and crucial role it plays in human settlement and

development, cannot be treated as an ordinaryasset, controlled by individuals and subject to

pressures and inefficiency of the market”

Adapted from Vancouver Conference on Habitat, 1976 by

Prof. Magel 2008

Article 14 German Basic Law (Constitution)

(1) Property and the right of inheritance shall beguaranteed. Their content and limits shall bedefined by the laws.

(2) Property entails obligations. Its use shall alsoserve the public good.

The substance of this second paragraph of Article 14 ofthe Basic Law is concerned with the frequently invokedsocial ties on property particularly on property in land.

Sustainable and equitable land use and development is not attainable without comprehensive Land Policy and participatory

Land Management in urban and rural areas

Good LandInformation

BetterLand

Policy

Better LandAdministration

andManagement

BetterLandUse

The Bathurst Declaration on Land Administration for Sustainable Development. FIG Publication No 21, 1999

We need (better) sustainable andparticipatory Land Management.

Why?

…..Because we have a lot of socialweaknesses and imbalances ,environmental damages, new energy and climate changechallenges , a ongoing mismanagement ofland use and dramatically growing landconflicts …and: an increasing gap between urban and rural areas!!!

Univ. Prof. H. Magel Keynote to CLSS Annual Meeting in

Foshan, China

19.11.2011

German Federal Office of Building and Regional Planning

Hot urban Challenges in Europe

Shortage of decent affordable housingConcentrated poverty and social problems in inner-city neighborhoods , deteriorated housing andurban infrastructureUrban sprawlMovement toward sustainable urban transportationsystems and „greener“ traffic and vehiclesNeed of participative planning processes

Source:Cities of the world , 2008

Univ. Prof. H. Magel Keynote to CLSS Annual Meeting in

Foshan, China

19.11.2011

“If the rural areas don’t breathe any more theurban areas and cities will suffocate”.

Edgar Faure Former Prime Minister of France

The world can only be grasped by action, not by contemplation.

Jacob Bronowski

Marrakech Declaration on improving Urban-Rural Interrelationship

The international Federation of Surveyors (FIG) andthe partners of the Marrakech Declaration recognisethe urban-rural divide in different areas of the worldand believes that a commitment to address this issueis essential for acceptable human living conditionsthroughout the world. The urban-rural interrelationshipfor sustainable developments is a central theme of theworld-wide idea of good urban-rural governance.

The declaration recommends the development of acomprehensive national land policy which includes:

• Institutional and governmental actions required forproviding good governance.

• Land administration infrastructures for control ofland tenure, land value and land use.

• Tools for capacity assessment and development atsocietal, organisational and individual level.

Metropolitan regions need urban-rural partnership

rural-urban partnership is a stated goal of themetropolitan region of Munich

München

Apfeldorf

1,36 Mio. Population

1087 Population

Munich Metropolitan Region5,5 Mio. Population

Habitat Agenda: § 76 (Action)

The Nairobi Statement on spatial Information for Sustainable Development. FIG Publication No 30, 2002

To ensure an adequate supply of serviceable land, Govern-ments at the appropriate levels and in accordance with theirlegal framework should: Develop and implement landinformation systems and practices for managing land,including land value assessment, and seek to ensure that suchinformation is readily available.

Habitat Agenda: § 114 (Action)To develop and support improved and integrated landmanagement, Governments at the appropriate levels,including local authorities, should: Develop integrated landinformation and mapping systems.

The goal of integrated land management is tooptimize the combination of economic andenvironmental benefits to society that are provided bythe land’s soil, mineral, and water resources, whilepreserving or increasing the capability of the land toprovide these and other benefits in the future. … Theintegrated approach to land management is not a fixedprocedure, but rather a continuous, iterative processof planning, implementation, monitoring, andevaluation that strives to meet as many of themultiple economic, social and environmentalneeds of society as possible.

Land Management in urban and rural areas

Source: UNESC 1995.

Hierarchy of Land Issues

Source: Enemark, 2009

Land policy comprises the totality of the activities of public authorities in relation to land.

Land policy is understood as conscious action to bring about an optimal use of land (allocation) as well as of a socially just distribution of landownership and of income from land.

Source: Federal Constitutional Court, Baugutachten, 1954

Land law is defined as the sum of the rules which regulate those matters which, arising from the interests of society, require regulation in relation to land transactions, parcels of land, property relations and kinds of use.

Source: Federal Constitutional Court, Baugutachten, 1954

Considering the necessity of administering land and natural resources in a way that is effective, productive andenvironmentally sustainable, and, in order to alleviate poverty of Cambodian people, the Royal Government of Cambodiadecides to set out visions, goals, and activities in land sector as follow:

The vision of land policy, in Cambodia, is “to administer, manage, use and distribute land in an equitable, transparent,efficient, and sustainable manner in order to contribute to achieving national goals of poverty alleviation, ensuring foodsecurity, natural resources and environmental protection, national defense and socio-economic development in thecontext of market economy”.

The Council for Land Policy has duty to promote and monitor implementation of land policy in compliance with thedirection of the Supreme Council for State Reform as well as to coordinate among the three land sub-sectors (landadministration, land management, and land distribution) to strengthen implementation of the land law and otherlegislations related to environment, forest, fisheries, water resources, civil code, decentralization and de-concentration,etc.

Goals and activities involved in the three land sub-sectors are :a. Land Administration Sub-Sectorb. Land Management Sub-Sectorc. Land Distribution Sub-Sector

KINGDOM OF CAMBODIANATION RELIGION KING

Declaration of the Royal Government on Land Policy

Landmanagement in suburbia

ETH Zürich, 6. September 2011

O. Univ.- Prof. Dipl.- Ing. Dr.- Ing. Holger Magel

FIG Honorary PresidentTUM Lehrstuhl für Bodenordnung und LandentwicklungPräsident der Bayerischen Akademie Ländlicher RaumMitglied des nationalen Beirats für Raumentwicklung

Landmanagement 2012

Dienstag, 6. November 2012an der ETH Zürich (Zentrum) im Audimax (HG F 30)

Land Management and Forest: sustainable useof limited resources.

G.Larsson : Contents of Land Management Section 1 Public Control and GuidanceWith LM –Introduction,Goals and Objectives, Planning ,ImplementationSection 2 Rural Areas With Rural Land use and Development, Housing,Agriculture,Forest andWater,Recreation and ConservationSection 3 Urban AreasWith Urban Goals,urban planning,urbanimplementation

LandmanagementProfessor Gerhard Larsson, Department of Real Estate Science in Royal Institute of Technology Stockholm: „The concept ’land management’ is a comprehensive expression for activities aiming to fulfil established goals for the use of certain land resources. These activities may have the purpose of promoting efficient land use within an existing pattern, i. e. they may be

1.mainly of a monitoring, administrative and controlling nature.

2.Alternatively, they may have the main aim of developing the land, by making substantial investment in the land or changing existing land usage.

In both cases, the starting point is to choose the goals. They will determine what should be done. …. At this point it will be stressed that goals should have a background, a base. One such principal base is knowledge – information about the relevant existing conditions as well as of the needs and trends for the future. To be able to develop such knowledge into a programme for the handling of the land there is also a need for an ideology or policy against wich the information received can be treated.” (Larsson, 1997).

Quelle: Magel, H.; Auweck, F.; Meindl R.: Zukunftsorientiertes Landmanagement für die Verwaltung für Ländliche Entwicklung in Bayern. Forschungsbericht. 2002. unveröffentlicht.

German Scientific Geodetic Commission has an own

Section Land (and real Estate) management

Rural Development

Real Estate Management and Valuation

Urban Development

Advice/CapacityBuilding

GeodataManagementIncl.Cadastre

GIS

Land andReal Estate

Management

Source: DGK-Sektion Land- und Immobilienmanagement 2009

Deadline for Application

Deadline for the academic year starting eachyear in October:May 31 st of the same year.

Deadline for DAAD-Scholarship:October 15 th of theprevious year.

Application forms and furtherinformation about the Master ’sProgram are available from:

Univ.-Prof. Dr.-Ing. Holger MagelChair of Land Readjustment and Land Development,FIG-President 2003 –2006, Program DirectorDipl.-Ing.M.sc. Jorge EspinozaProgram Manager

Technische Universität MünchenInstitut für Geodäsie, GIS und LandmanagementLehrstuhl für Bodenordnung und LandentwicklungArcisstr. 2180290 MünchenGermany Phone: +49 -89 -289 25789Fax: +49 -89 -289 23933Email: master@landentwicklung-muenchen.de

www.landmanagement-master.de

The Master ´s Program “Land Managementand Land Tenure “is supported by:

DAADDeutscher Akademischer Austausch DienstGerman Academic Exchange Service

Master of Science (MSc) in Land Management and Land Tenure

Faculty of Civil Engineering and Geodesy

Institute of Geodesy, GIS and Land Management

Germany

Research at TUM Chair of Land Management

Zukunftsorientiertes Landmanagement für die Verwaltung für Ländliche Entwicklung in Bayern Teil 1 (in Zusammenarbeit mit auweck GmbH) Auftraggeber: Bereich Zentrale Aufgaben der Bayerischen Verwaltung für Ländliche Entwicklung , 2002

German research:TUM was in the first row

(227) Magel, H. (2003): Landmanagement – Die neue Herausforderung an Bodenordnung und Landentwicklung. In: Flächenmanagement und Bodenordnung. Zeitschrift für Liegenschaftswesen, Planung und Vermessung (FuB), Heft 1/2003, S. 11-15.

272) Magel, H. (2006): Landmanagement -- das rätselhafte Wesen? Deutsche Betrachtungen aus internationaler Sicht. In: Flächenmanagement und Bodenordnung (fub), Zeitschrift für Liegenschaftswesen, Planung und Vermessung, 68. Jg., Heft 4/2006, S. 154-158.

Sustainable Land ManagementPolicy to Guide Urban Development in China: Economic, Ecological and Social Dimension of a Functioning Institutional Setting

Paper presented at theInternational Symposium on Chinese Land Issues in Fast Phase of Urbanization,Beijing, September 24-26, 2005byDr. rer. nat. Babette Wehrmann[1](Technische Universität München, Centre of Land Management and Land Tenure, Prof. Dr.-Ing. Holger Magel, Germany)

Abstract:China presently experiences a phase of high industrialisation accompanied by a fast urbanization. In 2004, urban population reached 41% of the entire population. China and especially its growing (mega)cities are increasingly confronted with the (seemingly) contradiction of economic growth on one hand and environmental protection and social equity on the other hand. Especially, maintaining the balance between farmland protection and adequate land supply for urban development has become a serious challenge to government officials. It’s time to reflect on how a sustainable urban development could be achieved. This paper focuses on sustainable urban land management. It has a look at its economic, ecological and social dimension and discusses possible measures on how to improve the institutional setting, concluding that these measures should be embedded in an overall land policy based on good governance. Key words:Urban land management, urban land policy, property rights, land market, land taxation, land use planning, peoples’ participation, sustainability, good governance.

Complex relationship of stakeholders and issues in rural areas

Magel, Auweck, Klaus, Spreng et al. 2010

Issues of land management within the research

Magel, Auweck, Klaus, Spreng et al. 2010

“It is understood that land management comprises all activities which

aim at the improvement and/or preservation of the quality of life in the

rural and urban areas with due consideration of the guidelines for spatial

planning and development.

In the context of land management, the administration/experts give

support to the customers/partners, in particular the

municipalities/communities, by providing them with 1.guaranteeing of

equity, 2.activating advice, 3.planning, 4.construction and 5.land

readjustment for a sustainable management of developed and

undeveloped land and in all related activities by use of different

instruments and methods“

Magel , 2009

PENTAPHONIE of Land Management

Gleichbehandlung aller Räume in Stadt und

Land gewährleisten

Aktivierendes Beraten und

Steuern

Planen, Vernetzen

und Koordinieren

Bauen und Finanzieren

(Boden)Ordnen und

Konfliktlösen

© Magel 2010

Construction and Financing

Ensure equity in all region – urban and rural

ParticipatoryPlanning , Net-working andCoordination

Readjustment & conflictresolution

Active consulting and motivation

Dynam

ic Land Managem

ent

Dynamic Part of Land ManagementPolicies, goals and fields of action to ensure equity (of development) in all regions whether urban or rural through

efficient consulting, planning, controlling and coordination of all measures and instruments with reference to access, availability, use and change of use, development, allocation and building up of land

including buildings for housing, ecological, economic, cultural, social and other purposes in urban and rural areasby means of:

The German System gives answer to rural and urban development

Participative

Spatial and Landuse

Planning

LandbankingControlling ,Monitoring

and Securing (incl. Risk

Management)

Construction and Ecological „Development“,

Calculation Financing

urban and rural Land Readjustment Reconciliation of individual legal rights with

objective planning goal

Application of different programmes of support (e.g. urban and rural development programmes,), LIS,GIS ,surveying, land valuation, taxation, land transactions, credit system

Land Administration (with renewed Cadastre and Land Register)New (rearranged) constitution, allocation, distribution, use and documentation of land and land ownership

Stat.LM

Static part of Landmanagement: Land Administration with georeferenced Cadastre and Land Registerexisting constitution, distribution, use and documentation of land and land ownership as well as overall concept and

regulations for its sustainable use in conformity with the relevant plan in urban and rural areas

Stat. LM

L a n d P o l i c y (LP) and L a n d T e n u r e (LT)overall concept and basic conditions of land related action

as well as the initiation of corresponding measures by public authorities based on Art. 14 German Constitution and § 903 German Civil Code and special laws (substance and limits)

H. Magel, 2005

Source: Wallace, J. (2010): Land Acquisition in Developing Economies, FIG Paper of the Month February 2010

Magel. 2010 based on J.Thomas

nationwideterritorial

development

authoritativeland

readjustment

comprehensive land

consolidation

integratedrural

development

territorial development in

rural areas

What is Land Management?It is the sum or composition of all related/possible/suitablephilosophies,visions,ideas,goals,concepts,programmes,plans, measures and actionsin order to achieve a sustainabledevelopment in urban and rural areas.LM comprises therefore GoodGovernance,LT,Spatial Planning,LandUse,LA,Valuation,LandMarkets,Taxation, urban and rural Land development andreadjustment,Land Banking.

Services toPublic, Business

& Citizens

Country ContextInstitutional Arrangements

like Spatial Planning Framework, NSDICapacity Building

Education & Research

FulfillingHuman Rights and MDG

Enhancing sustainable development and Quality of Life in urban and rural areas

Land PolicyGood Governance

Spatially Enabled participativeSustainable Land Management

Land Tenure, Land Administration, Land Value, Land Use, Land Development,

Land Arrangement

© adapted from Expert Group Meeting 9 – 11 November 2005 at the University of Melbourne by Prof. Magel 2011

Land Management aiming at sustainable development in urban and rural areas

What is the dynamic part of LM?

It is especially rural land consolidation and urbanland readjustmentbased on or combined with Good Governanceprinciples, urban and rural (village) strategies,renewal concepts and participatory planning -and dealing with/producing ofValuation, land markets and land taxation….

From Land Management to Land Governance - International Trends -

Summer School of the Faculty of Land Management and Land Administration

at the Royal University of Agriculture“Land Policy and Good Land Governance”

O. Univ.Prof. Dr.- Ing. Holger MagelFIG Honorary PresidentDirector of the TUM Institute of Geodesy,GIS and LandmanagementDirector of TUM Chair of Landmanagement and of International Master’s Programme Land Management and Land TenureDr.-Ing. Fahria MasumCoordinator, Admission and ResearchTUM Centre of Land, Water and Environmental Risk Management

Cambodia

September 28, 2009

1. Land Management is about goals and measures on Land for sustainably meeting the different interestsof society

2. Land governance is about power ,structures andthe political economy on Land

3. Both are necessary and are supporting each other.

Source: The Bathurst Declaration FIG-Publication No. 22/1999 adapted by Prof. Holger Magel, 2012

Good LandInformationand SpatialPlanning

BetterLand

Policy

Better LandAdministration

andManagement

BetterLandUse