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Ownership Review of International Experience of Community Review of International Experience of Community, Communal and Municipal Ownership of Land A report to the Scottish Land Commission April 2020 Review of International Experience of Community, Communal and Municipal Ownership of Land Authors: Rob Mc Morran, Jayne Glass, Jane Atterton, Sarah Jones, Eugenio Perez Certucha (Rural Policy Centre, Scotland’s Rural College); Annie McKee (James Hutton Institute); Malcolm Combe (University of Aberdeen); Ting Xu (University of Sheffield) Acknowledgements: The research team would like to thank the following individuals for their input to this work: Arnaud Sergent, IRSTEA, France Carla Barlagne, The James Hutton Institute, Scotland Catriona Knapman (linked with the International Institute for Environment and Development, London) Erling Berge, Norwegian University of Science and Technology, Norway Felix Silomon-Pflug, Goethe University, Frankfurt/Main, Germany Frode Flemsæter, Ruralis, Institute for Rural and Regional Research, Norway Habacuc Pérez Cosme, Secretary of the Vigilance Committee (UZACHI Secretario del Consejo de Vigilancia), Mexico Jan Åge Riseth, Norut Northern Research Institute, Narvik, Norway Jim Oldham, Equity Trust, Amherst, Massachusetts, USA John Emmeus Davis, Burlington Associates, Burlington, Vermont, USA Juanita Pienaar, Stellenbosch University, South Africa Katrina Rønningen, Ruralis, Institute for Rural and Regional Research, Norway Matthew Hoffman, University of Southern Maine, Portland Campus, USA Philippe Deuffic, IRSTEA, France Rosie McBride, National Community Land Trust Network, England Sæbjørn Forberg, Sekretær NALF, Norsk Almenningsforbund, Norway Sören Becker, Humboldt-Universität zu Berlin, Germany Svein Frisvoll, Ruralis, Institute for Rural and Regional Research, Norway Thomas Moore, University of Liverpool, England This report should be cited as: Mc Morran, R., Glass, J., McKee, A., Atterton, J., Combe, M., Xu, T., Jones, S. and Perez Certucha, E. (2019). Review of International Experience of Community, Communal and Municipal Ownership of Land. Scottish Land Commission, Commissioned Report. For further information on this project contact: James MacKessack-Leitch Scottish Land Commission, Longman House, Longman Road, Inverness, IV1 1SF Tel: 01463 423300 Contents 1 Executive Summary .................................................................................. 6 2 Introduction .............................................................................................. 10 2.1 Aims of the research ......................................................................................... 10 2.2 Methodology ..................................................................................................... 11 2.3 Structure of the report ....................................................................................... 13 3 Community tenure in Scotland ................................................................ 14 3.1 Background ...................................................................................................... 14 3.2 Current policy context ....................................................................................... 17 3.3 International comparisons ................................................................................. 19 4 Collective properties and commons ........................................................ 21 4.1 Definitions ......................................................................................................... 21 4.2 International examples ...................................................................................... 22 5 Municipal ownership and management of land ....................................... 25 5.1 Definitions ......................................................................................................... 25 5.2 Municipal models and public interest ................................................................ 25 5.3 Municipal commonage ...................................................................................... 28 5.4 Delivering local services ................................................................................... 29 6 Third sector models and the evolution of Community Land Trusts .......... 31 6.1 Definitions ......................................................................................................... 31 6.2 Community Land Trusts internationally ............................................................. 32 6.3 Community Land Trusts in the UK .................................................................... 33 7 Customary tenure and indigenous groups ............................................... 36 7.1 Definitions ......................................................................................................... 36 7.2 Protecting customary rights ............................................................................... 36 7.3 International examples ...................................................................................... 37 8 Synthesis and lessons for Scotland ......................................................... 39 8.1 Security of tenure and land rights in different systems ...................................... 39 Scottish Land Commission: Review of International Experience of Community, Communal and Municipal Ownership of Land 3 8.2 The role of policy and legislative mechanisms in international contexts and their relevance to Scotland ................................................................................................ 43 8.3 Key additional themes from the case studies ....................................................... 46 8.4 Lessons for Scotland ............................................................................................ 52 9 References .............................................................................................. 56 10 Annexes .................................................................................................. 61 Annex 1: England and Wales - Common land ................................................. 62 Annex 2: Italy - Communal property regimes ................................................... 66 Annex 3: Mexico - Communal agrarian tenure (Ejido system) ......................... 68 Annex 4: Norway – Municipal ownership and commonage.............................. 73 Annex 5: France – Municipal management of collective ownership structures 79 Annex 6: Europe – Common property regimes in forests ................................ 83 Annex 7: South Africa – Communal land tenure and municipal commonages in South Africa ..................................................................................................... 84 Annex 8: Germany – Municipal landownership and administration .................. 89 Annex 9: USA – Community Land Trusts ........................................................ 93 Annex 10: Kenya – Provision of collective title ............................................... 100 Annex 11: Norway – Indigenous ownership and management rights ............ 102 Annex 12: Canada – Indigenous partnerships in Alberta ............................... 106 Annex 13: List of webinar participants ........................................................... 107 Annex 14: Webinar report .............................................................................. 108 Scottish Land Commission: Review of International Experience of Community, Communal and Municipal Ownership of Land 4 Glossary ABCD Asset Based Community Development BCLT Burlington Community Land Trust CBS Community Benefit Society CFT Charter for Forest Territory CLA Community Land Act CLG Company Limited by Guarantee CLT Community Land Trust CLU Community Land Unit CNPF Centre National de la Propriété Forestière (National Centre for Forest Owners) CPR Common Property Regime CRtB Community Right to Buy DEFI Dispositif d’Encouragement Fiscal à l’Investissement en Forêt (Forest Investment Tax Incentive Scheme) DTAS Development Trusts Association Scotland FCS Forestry Commission Scotland FECOF Federation Europeenne des Communes Forestiers (European Federation of Municipal and Local Community Forests) GIEEF Groupement d’Intérêt Économique et Environnemental Forestier (Forest Economic and Environmental Interest Grouping) GFA Groupement Fonciers Agricole (Agricultural Land Group) HIE Highlands and Islands Enterprise ICE Institute for Community Economics ILO International Labour Organization LOA Livestock Owners’ Association LRRG Land Reform Review Group LRPG Land Reform Policy Group ONF Office National des Forêts (National Forestry Office) REP Renewable Electricity Program SCIO Scottish Charitable Incorporated Organisation SLC Scottish Land Commission SLF Scottish Land Fund SRUC Scotland’s Rural College UN United Nations UZACHI Union of Zapotecan and Chinantecan Forestry Communities Scottish Land Commission: Review of International Experience of Community, Communal and Municipal Ownership of Land 5 1 Executive Summary Community landownership in Scotland is generally understood as ownership of title to land and/or assets by a community body, linked to a defined geographic community. It is a relatively distinct category of landownership, regarded as different to public ownership of land (e.g. by government agencies and non-departmental public bodies). In contrast, the interpretation of ‘community’ or ‘communal’ ownership of land varies in other countries and is often less clearly distinguished from public ownership. Municipal ownership – a form
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