Introduction

Combe, Malcolm MacDonald; Glass, Jayne; Tindley, Annie

doi:10.1515/9781474446860-003

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“…The appetite for reform is investigated elsewhere in this book 7 and beyond. 8 To oversimplify, a crucial factor in this modern land reform story was the establishment of the Scottish Parliament.…”

Section: Community Rights Of Acquisition: Why Is Land Reform Happenin...mentioning

confidence: 99%

7 Legislating for Community Land Rights

Combe¹

2020

Land Reform in Scotland

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The Scottish Government recently reiterated its commitment to bring one million of Scotland's acres into community ownership by the end of 2020. The policy shift towards community ownership, and the legislation that accompanies that shift, is a relatively new development in the Scottish land law reform process, operating within a mature system of property law that has traditionally afforded a great deal of importance to the entitlements that flow from ownership. Legislative routes for communities to acquire land are set out in the Transfer of Crofting Estates (Scotland) Act 1997, the Land Reform (Scotland) Act 2003, the Community Empowerment (Scotland) Act 2015, and the Land Reform (Scotland) Act 2016. Whilst the 1997 Act is about communities in the Scottish Highlands and Islands acquiring crofting land that happens to be in public sector ownership in a manner that is mutually beneficial, and there are certain similar rights for communities to request assets from a range of public bodies in the 2015 Act, the net effect of the 2003, 2015 and 2016 legislation opens up four methods for a community to acquire land from a private owner, in a manner that (on the assumption the legislation is complied with) either: forces that owner to deal only with the community as and when the owner decides to sell; or forces that owner to sell to the community as and when the community wishes to acquire.1 Section 1. See generally Combe, M. M., The ScotWays Guide to the Law of Access to Land in Scotland, (Edinburgh: John Donald, 2018) (with chapter 2 considering the right of responsible access in particular). Much more could be written about the right of responsible access, but for present purposes please see the analysis in Bob Reid's chapter in this volume. 2 See Parts 8, 2 and 4 of the 2016 Act respectively.

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Section: Community Rights Of Acquisition: Why Is Land Reform Happenin...mentioning

confidence: 99%

7 Legislating for Community Land Rights

Combe¹

2020

Land Reform in Scotland

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Distributional Issues in Natural Capital Accounting: An Application to Land Ownership and Ecosystem Services in Scotland

Atkinson

Ovando

2021

Environ Resource Econ

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Accounting for ecosystems is increasingly central to natural capital accounting. What is missing from this, however, is an answer to questions about how natural capital is distributed. That is, who consumes ecosystem services and who owns or manages the underlying asset(s) that give rise to ecosystem services. In this paper, we examine the significance of the ownership of land on which ecosystem assets (or ecosystem types) is located in the context of natural capital accounting. We illustrate this in an empirical application to two ecosystem services and a range of ecosystem types and land ownership in Scotland, a context in which land reform debates are longstanding. Our results indicate the relative importance of private land in ecosystem service supply, rather than land held by the public sector. We find relative concentration of ownership for land providing comparatively high amounts of carbon sequestration. For air pollution removal, however, the role of smaller to medium sized, mostly privately owned, land holdings closer to urban settlements becomes more prominent. The contributions in this paper, we argue, represent important first steps in anticipating distributional impacts of natural capital (and related) policy in natural capital accounts as well as connecting these frameworks to broader concerns about wealth disparities across and within countries.

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Introduction

Cited by 2 publications

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7 Legislating for Community Land Rights

7 Legislating for Community Land Rights

Distributional Issues in Natural Capital Accounting: An Application to Land Ownership and Ecosystem Services in Scotland

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