New land rules

[Khmerized]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

[Soi Dog]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

She should divide the land up in 5ha plots to close and trusted family members ASAP.
Cambodia will never prosper while land ownership laws are written on an etch-a-sketch.

[Khmerized]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

She should divide the land up in 5ha plots to close and trusted family members ASAP.
Cambodia will never prosper while land ownership laws are written on an etch-a-sketch.

That's currently the plan. But it's far from ideal. She has way more land than she can divide amongst people she can trust.

[gavinmac]

She's not single though, so what's the problem? Is she planning on divorcing him?

[Soi Dog]

The law most likely stipulates against owning ADJACENT plots over 5 hectares. She may have some wiggle room there by staggering the ownership in an advantageous way. Definitely not an ideal solution.

[violet]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

could it possibly be related to this piece of news?
http://www.khmer440.com/chat_forum/viewtopic.php?f=14&t=24169

The premier has stated clearly that the scheme will allow every family who has a claim overlapping an ELC to apply for a five-hectare plot, but the details of a plan to compensate those arguing they already occupy more land than this has remained ambiguous.

[Khmerized]

She's not single though, so what's the problem? Is she planning on divorcing him?

Not that I know of, but what has this to do with anything?

[hammockdweller]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

could it possibly be related to this piece of news?
http://www.khmer440.com/chat_forum/viewtopic.php?f=14&t=24169

The premier has stated clearly that the scheme will allow every family who has a claim overlapping an ELC to apply for a five-hectare plot, but the details of a plan to compensate those arguing they already occupy more land than this has remained ambiguous.

Perhaps stating the obvious but there seems to be something inherently retarded about this whole process.

[Soi Dog]

Perhaps stating the obvious but there seems to be something inherently retarded about this whole process.

They have managed to combine the worst of communism with the worst of capitalism. Steal from the rich and give to the poor. Then screw the poor and sell the land to well connected developers\corporations.

[cambod]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

She should divide the land up in 5ha plots to close and trusted family members ASAP.
Cambodia will never prosper while land ownership laws are written on an etch-a-sketch.

Good idea! I'll take 5ha ASAP!

[robboat]

It is adjacent blocks that are affected.
Just combined a parcel of 5 ha blocks together for one title.......

I think it is designed to slow land speculation...........

[rubberbaron]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

You have to separate rumors from facts. This is one thing Khmer people have great problems with. Fact is that HE issued an order (I don’t know whether it was a decree - prakas) that local people who have conflicts of with companies holding land concessions will be able to obtain 5ha per family for their own use and get a hard title for it. The implementation is somewhat hazy. The PPP reports that about 700 volunteers spread out to measure land tracts contained in the land concessions, which should, however, be allocated to local people. The land concession contracts with the government contain a stipulation that the company must resolve any problems with indigenous people living on the concession land through a joint local government/company committee and must build appropriate infrastructure for the indigenous people and workers, e. g. housing, schools, hospital, market. Many companies simply disregard this section, which naturally gives rise to protests and escalating conflicts with the local population. HE’s order is supposed to address this once and for all, naturally also with a view to next year’s elections.

Promptly a rumor was being spread, not only in Bantey Meanchey province but elsewhere as well, that each family can only own 5 ha of land. Nobody knew what would happen with the rest if they own more. Now this is definitely not true. The same rumor spread in Kg Cham province where I happen to own a smaller rubber plantation, but larger than 5 ha. People, including local government officials, there said that even hard titles would be re-issued.

I inquired with the Ministry of Land Management what that was all about. It turns out that the Ministry is using the volunteers while they are in the area to continue with LMAP (Land Management and Administration Project). This project was started many years ago together with the World Bank to issue land titles to people’s real estate properties. Since the World Bank pulled out in 2009 it has been languishing in obscure offices.

So fact is that people who own land with a hard title will continue to own this without restrictions. These hard titles will indeed be re-issued with clear GPS demarcations. Previously you had such unclear and simple delineations such as roads, without indicating which roads were meant. People who own land with a soft title will have to prove that they have owned this land according to the provisions of the land law, usually 5 years of possession and uninterrupted occupation or cultivation. They will then be issued a hard title. The way I understand it the people without any title at all, and there are a lot of them, including the ones falling under HE’s decree, will have to prove that the family has possessed the land uninterruptedly since 1989. A bona fide verification signed by the Sangkat is usually sufficient proof. The benefit of the current process is that these hard titles will be issued without the usual fees, which are usually quite high – up $2 per m2.

So your girlfriend’s sister need not worry if she has a hard title. She needs to sign the new title application in person, though. In any event, she had better get her butt over here to make sure that the land remains hers.

[violet]

so, in short.... I was correct to link the two (5ha rumour and the "free land title" story) in my earlier post.

[Khmerized]

My girlfriend's sister (married to a European man and living in Australia) invested a shitload of money (even by western standards) in land and farms in Banteay Meanchey province.
Apparently, a new law was recently introduced, stating that a single individual can only own 5ha of land (the rest being seized by the government). This is giving them sleepless nights.
Do you guys know anything about this law? Are there any loopholes?

You have to separate rumors from facts. This is one thing Khmer people have great problems with. Fact is that HE issued an order (I don’t know whether it was a decree - prakas) that local people who have conflicts of with companies holding land concessions will be able to obtain 5ha per family for their own use and get a hard title for it. The implementation is somewhat hazy. The PPP reports that about 700 volunteers spread out to measure land tracts contained in the land concessions, which should, however, be allocated to local people. The land concession contracts with the government contain a stipulation that the company must resolve any problems with indigenous people living on the concession land through a joint local government/company committee and must build appropriate infrastructure for the indigenous people and workers, e. g. housing, schools, hospital, market. Many companies simply disregard this section, which naturally gives rise to protests and escalating conflicts with the local population. HE’s order is supposed to address this once and for all, naturally also with a view to next year’s elections.

Promptly a rumor was being spread, not only in Bantey Meanchey province but elsewhere as well, that each family can only own 5 ha of land. Nobody knew what would happen with the rest if they own more. Now this is definitely not true. The same rumor spread in Kg Cham province where I happen to own a smaller rubber plantation, but larger than 5 ha. People, including local government officials, there said that even hard titles would be re-issued.

I inquired with the Ministry of Land Management what that was all about. It turns out that the Ministry is using the volunteers while they are in the area to continue with LMAP (Land Management and Administration Project). This project was started many years ago together with the World Bank to issue land titles to people’s real estate properties. Since the World Bank pulled out in 2009 it has been languishing in obscure offices.

So fact is that people who own land with a hard title will continue to own this without restrictions. These hard titles will indeed be re-issued with clear GPS demarcations. Previously you had such unclear and simple delineations such as roads, without indicating which roads were meant. People who own land with a soft title will have to prove that they have owned this land according to the provisions of the land law, usually 5 years of possession and uninterrupted occupation or cultivation. They will then be issued a hard title. The way I understand it the people without any title at all, and there are a lot of them, including the ones falling under HE’s decree, will have to prove that the family has possessed the land uninterruptedly since 1989. A bona fide verification signed by the Sangkat is usually sufficient proof. The benefit of the current process is that these hard titles will be issued without the usual fees, which are usually quite high – up $2 per m2.

So your girlfriend’s sister need not worry if she has a hard title. She needs to sign the new title application in person, though. In any event, she had better get her butt over here to make sure that the land remains hers.

This is brilliant. Thank you so much.

[Spigzy]

My girlfriend's sister ...

Useful stuff ...

This is brilliant. Thank you so much.

Unless of course rubberbaron is HE and is telling you that very useful information so that your girlfriend's sister doesn't do anything before he snatches everything over 5 hectares?!!

The plot thickens ...