排序方式: 共有5条查询结果,搜索用时 171 毫秒
1
1.
张文波 《安徽警官职业学院学报》2011,10(1):43-46
地役权制度在整个物权体系中是不可或缺的,但作为我国物权法上的新制度,以不动产解释地役权,导致了人们对其理解的歧义。我们认为无论从历史、现实的多维视角,还是从法律概念的自身的逻辑解释以及《物权法》的整体,地役权的适用范围只能是土地。在我国土地为国家所有的情况,要想发挥地役权的作用,就应当在维护国家利益的前提下,借鉴国外的经验,适当放宽土地使用权等用益物权的边界,以充分利用有限的土地资源,实现物尽其用。 相似文献
2.
公共役权,是公益事业、国家或公众取得一种要求相关不动产所有权人或使用权人承受某种负担的权利。公共役权调整国家和不特定公众与不动产权利人之间的权利义务关系。 相似文献
3.
Given growing concerns about the loss of farmland in the US, governmental and nonprofit groups are seeking innovative, cost-effective
methods to preserve lands that will elicit additional landowner participation. This article describes four innovative farmland
preservation techniques and derives implications for the policy process through interviews of key stakeholders: program administrators,
lawmakers, and landowners. Experts on farmland preservation were also interviewed to ensure stakeholder perceptions substantively
inform the policy process. Four techniques were selected for assessment from approximately 30 novel techniques. Reactions
to these policy options reflect stakeholder perceptions of a baseline condition; the perceptions help evaluate which options
are likely to survive the policy process and what attributes will lead to their acceptability because few of these techniques
have yet become policy. Although the stakeholders may have more limited experience with the policy process, land preservation
experts validated many of the results and the possibility of success in the “rough and tumble” of the policy process. Of the
four investigated techniques rights of first refusal was the most favored, although respondents thought effective implementation
would require careful targeting and a dedicated funding source. Experts agreed this technique was most likely to survive in
the political arena. Agricultural conservation pension was also viewed favorably, though it was considered administratively
difficult to implement. Several experts thought that, though inchoate, the pension plan could potentially be more cost effective
than rights of first refusal. Land preservation tontines were perceived to be an interesting concept, but confusing, difficult
to implement, and ill-defined. Term conservation easements were viewed unfavorably because they did not preserve land permanently.
相似文献
Lori LynchEmail: |
4.
社会变迁使私人地役权日趋式微,而私人地役权的自我结构性调整作用有限。由私人地役权转向公共地役权,并将地役权适用于土地管理和环境保护,不仅能淡化不动产尤其是土地协调利用中的行政色彩,维系不动产协调利用时各利害相关方的利益平衡,而且也是地役权突破目前困境、完成其现代化转型必由之路。 相似文献
5.
1