Classification and co-ordination of conflicting rights for sustainable land use

• Main Authors: Johnson, Eva Liedholm, Paulsson, Jenny, Paasch, Jesper Mayntz
• Format: Article in Journal/Newspaper
• Language: English
• Published: The Finnish Society of Built Environment Research 2017
• Subjects: Sustainable land use; land use rights; Property rights; Conflicting rights; Legal Cadastral Domain Model; Kiruna
• Online Access: https://journal.fi/njs/article/view/46358

The aim of this article is to investigate conflicts between national interests and the need for development of new methods for classification and co-ordination of rights for sustainable land use. The analysis is based on a newly developed standardized terminological framework for classification of interests in land, the Legal Cadastral Domain Model. The model is used to classify conflicting rights in two Swedish mining areas, Kiruna and Bunge, in Kiruna the relocation of the city due to mining interests and in Bunge the ongoing conflict between mining interests and national nature preservation interests. The study shows that it is relevant to use a standardized approach for getting an overview of and thus comparing the multi-facetted nature of private and public interests in land. For example, land use regulations, such as a zoning plan, often contain prohibitions and obligations for the property owner embedded in the same document and a mining concession may contain instructions for environmental protection activities. They are in the model classified as separate interests beneficial or limiting for the right holder. A detailed classification therefore provides an overview and can assist officials and decision makers in identifying and co-ordinating conflicting interests.