WB Land Policy
WB Land Policy
WB Land Policy
In the rural areas of most developing countries, land is not only the primary means for
generating a livelihood but often the main vehicle for investing, accumulating wealth,
and transferring it between generations. Thus the ways in which access to land is regulated, property rights are defined, and ownership conflicts are resolved has broad implications beyond the sphere of agricultural production. These regulations, rights, and
procedures affect not only the ability of households to produce for their subsistence
and for the market but also their social and economic status (and often their collective
identity), their incentive to work, their willingness to use the land sustainably, and
their ability to self-insure or to obtain access to financial markets.
The World Bank Research Observer, vol. 14, no. 2 (August 1999), pp. 24776.
1999 The International Bank for Reconstruction and Development / THE WORLD BANK
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The importance of land issues in fostering economic growth and reducing poverty
was the impetus for the World Banks 1975 Land Reform Policy Paper. At the
time, this dialogue was complicated both by an economic environment in which
government interventions often caused the prices of rural land to deviate significantly from the net present value of agricultural profits and by a political context in
which land was at the heart of a broader ideological struggle. In many developing
countries today, far-reaching macroeconomic reforms have removed distortionary
policies, the ideological divide has narrowed or disappeared, and the need to tackle
structural issues has greatly increased the demand for policy advice. These considerations provide an opportune moment to review earlier policy recommendations and
to use experience to assess the role of such policies in the broader process of development. This article reviews the analytical underpinning for policy recommendations
and examines the effectiveness of such advice in the areas of tenure security, land
markets, and land reform.
The broad consensus underlying current thinking about land issues can be summarized in four key principles:
The desirability of owner-operated family farms on both efficiency and equity
grounds
The importance of secure property rights to land in eliciting effort and
investment and in providing the basis for land transactions
The need for a policy and regulatory environment that promotes transfers to
more efficient land uses
The positive impact of an egalitarian asset distribution and the scope for redistributive land reform where nonmarket forces have led to a highly dualistic ownership and operational distribution of land, that is, a distribution characterized
by very large and very small holdings.
Although these principles remain valid, experience with land reforms challenges
earlier assumptions in four areas. First, the 1975 World Bank land reform policy
recommended that communal tenure systems be abandoned in favor of freehold
titles and the subdivision of the commons. Today it is recognized that some communal tenure arrangements can increase tenure security and provide a (limited)
basis for land transactions in ways that are more cost-effective than freehold titles.
Where that is the case, governments may find it useful to reduce the cost of cooperation, improve accountability, and facilitate a gradual evolution of communal
systems to meet emerging needs, possibly for greater individualization of property
rights over time.
Second, although individual titling has great potential to increase investment and
productivity, several preconditions must be satisfied for this to be a desirable intervention. The circumstances under which title is conferred are important; for example, titling should be area-based (that is, it should cover an entire area at once)
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249
ket transactions. The arguments advanced in favor of secure property rights are based
on three observations.
First, clear property rights can prevent wasteful overinvestment in protective
measures by individuals eager to claim and defend their property rights. As Malik
and Schwab (1991) point out, property rights are a public good, and in the absence
of public enforcement of these rights, individuals will overinvest in protective measures to claim and secure their rights. This privately optimal spending will be inefficient from a social point of view, particularly if the claim is secured through negative
environmental externalities, as is the case in many frontier situations (Alston, Libecap,
and Mueller 1999; de Meza and Gould 1992; Feder and Feeny 1991). Government
regulations have often directly encouraged such behavior (Binswanger 1989).
Providing farmers with residual rights to production, even if these are only temporary, will increase the incentive to clear and cultivate land, as illustrated by the
tremendous increases in output and productivity associated with the transition from
collective to individual (usufruct) rights in China (Lin 1992; McMillan, Whalley,
and Zhu 1989). The link between secure ownership rights (although not necessarily
a formal title) and investments in farm improvements also emerges in evidence from
Burkina Faso (Brasselle, Gaspart, and Platteau 1997), China (Jacoby, Li, and Rozelle
1998; Yao 1996), Ghana (Besley 1995), and Niger (Gavian and Fafchamps 1996).
At the same time, the lack of enforceablethough not always formal or individualproperty rights has been associated with the unsustainable use and degradation of natural resources. A breakdown in the ability of communities to enforce rules
governing the use of communally held land and the inefficiency of collective forms
of production (Deininger 1995) were at the root of environmental degradation in
Mexico (Key and others 1998; McCarthy, de Janvry, and Sadoulet 1998).1 Even in
situations where individual property rights are infeasible, helping communities develop structures that overcome these coordination problems and establish effective
property rights can enhance the sustainability of resource use, prevent environmental degradation, and promote the overall efficiency of land use (Baland and Platteau
1996).
A second issue relates to credit access. In addition to increasing demand for investment, as discussed above, secure landownership and the associated ability to use land
as collateral can increase the supply of credit from formal sources. This can also
contribute to the evolution of financial markets in more general terms (Alston, Libecap,
and Schneider 1996; Carter and Olinto 1996; Feder and others 1986; Lopez 1997).
A third benefit is that written records of landownership improve the transferability of property. By reducing asymmetric information about landownership and quality,
land transactions are less costly to implement, thus increasing the liquidity of the
land market and making it possible to transfer land from less productive to more
productive individuals. The ability to transfer land may be of limited importance,
however, in the early stages of development, when nonagricultural opportunities
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and regional migration are limited, and in marginal environments, where economic
opportunities are more constrained. The importance and value of being able to transfer
use or ownership rights to land increase with economic development, specialization,
and better-functioning markets, and one would expect the transferability of land
brought about by better-defined property rights to be of increasing relevance with
higher levels of population density and nonagricultural development. Indeed, in coastal
China, more secure transfer rights are associated with higher allocative efficiency in
the economy (Yao 1996).
Given the distribution of agricultural production and the need (especially at low
levels of technology) to adjust constantly to variations in the environment, owneroperated farms have an advantage over large operations, which are associated with
the large agency costs entailed in managing wage labor (Jensen and Meckling 1976).
Conceptually, it has long been recognized that supervisory capacity is an important
determinant of the mode of operation of large tracts of land (Eswaran and Kotwal
1985a, b; Feder 1985). Empirical evidence indicates not only that hired labor is less
productive than family labor but also that the intensity of supervision matters (Frisvold
1994). A large number of studies based on aggregate or cross-sectional data confirmed the existence of a negative relationship between farm size and productivity for
all but the smallest farms (Benjamin 1995; Berry and Cline 1979; Carter 1984;
Kutcher and Scandizzo 1981; Newell, Pandya, and Symons 1997). The relationship
weakens if adjustments for soil quality are made (Benjamin 1995; Bhalla and Roy
1988). Still, several studies using panel data with household- or plot-specific effects
show a negative relationship between farm size and productivity that is likely to
originate in labor market imperfections of the kind mentioned (Burgess 1997; Olinto
1995; Udry 1996).
Economies of scale and imperfections in other markets can outweigh the cost
advantages of owner-operated farms. Scale economies can arise from the use of machinery and the advantages of professional management and marketing, the use of
which would lead to declining average costs with firm size.2 Empirically, the
indivisibilities associated with machinery rarely increase optimum farm size beyond
the level at which, with existing technology, the labor of a family (possibly complemented by hired labor for specific seasonal tasks) is fully utilized. Even where they
would, rental markets can help to overcome this indivisibility, at least to some extent. Most empirical studies (for example, Burgess 1997 and Feder and others 1989
for China, Lanjouw 1995 for India) are therefore unable to reject the hypothesis of
constant returns to scale in agricultural production.
The number of cases in which true technical economies of scale apply is therefore
limited. One example is plantation crops, such as bananas, sugarcane, and tea, where
production is often organized on a scale that corresponds to the optimum scale of
the processing factory. Even in this case, however, the supervision advantages of
owner-operators have frequently led to the adoption of contract grower arrangeKlaus Deininger and Hans Binswanger
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further increase land prices above the net present value of agricultural profits would,
of course, further reduce the scope for participation of the poor (Gunjal, Williams,
and Romain 1996).
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also are linked in the literature to the elimination of traditional mechanisms for
coping with risk (Kranton and Swamy 1997).
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and social control, that is, by embedding share contracts in long-term social or kinship relationships. In fact, Sadoulet, de Janvry, and Fukui (1997) find that share
tenancy contracts between kin (but not between others) were not associated with any
disincentive effects. The study of the efficiency implications of contracts should therefore be complemented by a focus on the contracting parties opportunities outside
their specific contract and on possible changes in the economic environment that
might lead to the adoption of different types of contracts (Mookherjee 1997).
Land Reform
The World Banks 1975 policy paper strongly supported redistributive land reform
on equity and efficiency grounds, pointing to the success of Asian land redistribution and the Kenyan million-acre scheme, which redistributed land from European settlers to African farmers. The practical difficulties associated with implementing
land reform notwithstanding, the conceptual attractiveness of such a policy rests on
three pillars.
Klaus Deininger and Hans Binswanger
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First, in situations where credit and product markets are incomplete, access to
land can make a significant contribution to food security, households nutritional
well-being, and their ability to withstand shocks (Bardhan, Bowles and Gintis forthcoming). Evidence from China, where land was distributed largely independently of
economic status, suggests that even though access to land insures household income
only moderately against shocks, it provides almost complete insurance against malnutrition (Burgess 1997). Second, landownership affects economic growth and poverty reduction through credit-financed investment. The underlying idea is that the
lack of collateral precludes landless individuals from making investments (in education, livestock, wells, and so on) that would require credit, even though the investments would profit both the individual and society (Eckstein and Zilcha 1994; Galor
and Zeira 1993). Poor people who do not have access to assets might remain impoverished not because they are unproductive or lack skills but because they never get
the opportunity to utilize their innate ability (Fafchamps and Pender 1997; Jalan
and Ravallion 1997). And finally, several studies have argued that a more egalitarian
distribution of assets (not necessarily land) would improve political stability. Because this issue does not relate directly to land issues, we refer the reader to the
literature on this topic.3
The ease of actually implementing land reform has varied considerably between
landlord estates, which had been cultivated by tenants, and haciendas, whose tenants received a small plot of their own in return for working on the landlords farm. In
landlord estates, all that is required is a reassignment of property rights; land reform is
generally easy to implement, and stable systems of production emerge. Since the end of
World War II, landlord estates in Bolivia, large areas of China, Ethiopia, eastern India,
Iran, Japan, the Republic of Korea, and Taiwan, China, have been transferred to tenants in the course of successful land reforms. The productivity gains associated with
these land transfers were modest in cases where security of tenure had already been
high, where cash rent (rather than share rent) contracts had prevailed before the reform, and where landlords had provided tenants with market access (and no substitute
was available). Both welfare and productivity increased where investment opportunities were available (Callison 1983; King 1977; Koo 1968), where land ownership enabled the new owners to access markets for credit and insurance that had previously
been beyond their reach (Dorner and Thiesenhusen 1990), and where new technology
could be readily adopted (Otsuka, Chuma, and Hayami 1992).
By contrast, land reform in hacienda systems has been very difficult, and the game
of Latin American land reform has been declared lost (de Janvry and Sadoulet 1989).
In the great majority of these systems, large landowners responded to the threat of
land reform by evicting all hired workers or tenants who could have claimed ownership under a reform program. The landlords either switched to livestock production
and ranching oraided by significant credit subsidiesshifted to highly mechanized cultivation (Binswanger, Deininger, and Feder 1995). As a result, programs of
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redistributive land reform reached far fewer people than intended and were often
accompanied by a decline in tenant welfare that may have outweighed the benefits of
the programs. Several factors account for this lack of success.
First, if land is transferred from large to small farmers through government programs, the ability of the latter to make economically productive use of this asset is
contingent on a change in the pattern of production, subdivision of the farm, and
construction of complementary infrastructure. Second, because the main productivity advantage of land reform is linked to the increased incentives of owner-operators,
it is important not only to avoid collective forms of production but also to ensure
that owners operate their own farms. Third, beneficiaries are unaccustomed to making independent entrepreneurial decisions, an ability that is particularly important
to make individual family farming a success. In many cases in which the farms acquired under a land reform program were not farmed at full capacity, the lack of
funds for pastures, fencing, and so on or for startup capital was often the reason for
the lack of success. Similarly, programs that were limited to transferring land to
existing workers without providing those workers with complementary investment,
training, technical assistance, and resources were generally associated with very limited equity and efficiency benefits.
Without access to credit markets, land reform beneficiaries may well be worse
off than they had been when the landlord provided them with inputs and possibly even credit for consumption smoothing (Guinnane and Miller 1997). Restricted access to credit together with insecure property rights led beneficiaries
of land reform in Nicaragua (Jonakin 1996) and the Philippines to sell off their
new holdingsoften at prices well below the productive value of the land. The
key to avoiding such an outcome is the ability to access output and financial
markets (Brooks and Lerman 1994). Arrangements where financial intermediaries provide input credit and help with marketing of the farm produce have in
some cases helped beneficiaries overcome the obstacles posed by market imperfections (Deininger 1999).
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tion are present, policymakers should focus on ways to increase secure property rights
within given constraints.
More secure land rights may be highly valued by cultivators even under conditions of relatively low population density. For example, in Zambia (with a population density of 12 people per square kilometer and where 75 percent of the land is
suitable for farming), almost 50 percent of farmers feel their land tenure is insecure
and would be willing to pay something (US$40, on average) for land titles (Deininger
and others 1998). Disputes, efficiency losses arising from limiting transfers and barring certain groups from land rights, investment disincentives, and land grabbing in
anticipation of future appreciation are all indicators that existing land rights are
inadequate. Clarification and formalization of informal property rights in a process
that increases the accountability of local leaders, establishes a transparent and implementable legal basis, and provides for adjudication of boundary disputes across
communities must precede any effort to award formal titles. Adopting a flexible
institutional structure that gives communities freedom of choice in accomplishing
these goals is therefore of great importance. The draft land policy adopted by Zimbabwe provides a good example in this regard (Zimbabwe 1998).
In countries where land ownership has traditionally been vested in the state,
policymakers are concerned that a shift to individual land ownership is likely to lead
to an undesirable reconcentration of land ownership. Experience suggests that this
concern can be accommodated without forgoing major productivity benefits by giving producers long-term tradable leases rather than full ownership rights. For example, the household responsibility system in China (which gave 15-year lease rights
and at the same time made individuals residual claimants to output) has led to tremendous increases in output and productivity. To increase investment incentives,
the government has decided to replace the 15-year leases with 30-year contracts
(Prosterman, Schwarzwalder, and Ping 1998). Because the degree to which earlier
leases were honored varied greatly from village to village, inferences can be made
regarding the impact of tenure security; studies find that more secure tenure did
increase the level of investment (Jacoby, Li, and Rozelle 1998).
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clear. In addition, the ways in which individuals gain access to land before titling,
whether through collective, communal, or informal means, as well as the broader
trajectory of economic development, will affect the costs and benefits of specific
titling instruments, their incidence across population groups, and the scope for public intervention.
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Bank projects have either underestimated the complexity of the technical issues involved in titling or assumed that titling could be initiated even if agreement over
complex policy issues had not been reached. Many countries have a plethora of institutions, programs, and projectsoften with overlapping competencies and responsibilities, contradictory approaches, and high resource requirementsthat make it
impossible to administer a titling program effectively or to instill confidence in the
validity of the titles issued.
The absence of clear property rights increases the costs of land transactions and may
drive them into the informal sector, but empirical evidence on the magnitude of this
effect is limited, and government regulation of rental and sales markets appears to have
been quantitatively more important. For example, in many Eastern European countries, land rental and even sales transactions emerged long before individuals were able
to obtain formal land title. By contrast, the threat of expropriation of rented lands in
Colombia and Mexico appears to have deterred land rental transactions even with a
formal title. Evidence from Mexico suggests that formal individual title is not always
necessary to facilitate operation of rental markets. The codification of property rights
through proper procedures significantly reduced the transaction costs and increased
the amount of land rentals in the market (Olinto, Davis, and Deininger 1999).
Examples
In the aftermath of the 1915 revolution in Mexico, about half of the national land area
was granted to communities (ejidos) under communal title. Well-intended restrictions
to prevent ejido land from falling into the hands of the wealthy proved to be highly
inefficient. Although farmers invented ingenious ways to circumvent these restrictions
(Heath 1992), commercial credit was difficult to obtain, and the transaction costs
imposed by the various restrictions were high, involving, among other things, the threat
of loss of land. In areas where nonagricultural opportunities had increased and farmers
engaged in seasonal migration, communal tenure became increasingly dysfunctional.
This issue was addressed in 1992 by legislation that lifted the restrictions on transfers of land, subject only to an upper limit, and allowed ejidos to decide on the admission of members and the tenure regime under which they would operate. They can opt
for communal tenure, contribute part of the common lands to a corporation or to a
joint venture with outsiders, parcel all or part of the land out to members under freehold title, or even convert the whole ejido from communal to freehold tenure. Contrary to some fears, the law has not led to a widespread sell-off and pauperization of the
majority of ejido members. Instead, allowing communities for which existing regulations had increasingly become a constraint the option to shift to a different tenure
regime increased the owners flexibility without giving up the core principles (and the
advantages, such as the insurance function provided by joint land ownership) associated with communal types of tenure (de Janvry, Gordillo, and Sadoulet 1997).
Klaus Deininger and Hans Binswanger
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the political and fiscal cost of implementing land reform. A review of these policies
finds that they have rarely achieved their goals. We examine three main issues: restrictions on land ownership and use; restrictions on land sales and rentals; and interventions to improve the functioning of land markets.
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and financial markets. Even temporary restrictions on land sales can be counterproductive, however, because they prevent landholders from accessing credit when it is
most needed. Hayami and Otsuka (1993) describe a situation in which farmers were
forced to resort to inefficient arrangements such as usufruct mortgaging and wage
labor to gain access to credit. Precluding beneficiaries of land reform from renting or
selling their land is likely to prevent adjustments that reflect the settlers abilities and
could, if combined with restrictions on rentals, cause large tracts of land to be
underutilized. The goal of preventing small landowners from selling out in response
to temporary shocks would be better served by ensuring that they have access to
output and credit markets and technical assistance and by providing them with safety
nets during disasters to avoid distress sales. A moratorium on land sales might be
justifiable to discourage speculative purchases, but alternatives such as limiting the
amount of land that can be allocated to one individual or requiring that the land be
cultivated before title is granted should be considered instead.
Rental restrictions aimed at eliminating the efficiency losses that are assumed to
be associated with share tenancy are not justified. They should be eliminated because
rental markets are likely to acquire increased importance with economic development (in most industrial countries, between 40 and 70 percent of all cultivated agricultural areas is rented rather than owned). As noted above, the efficiency gains from
rental restrictions are likely to be modest even in the most desirable case, and the
danger of less favorable outcomes is high. The historical root of most rental restrictions in developing countries is in tenancy reforms that sought to improve the status
and welfare of the tenant farmer by imposing rent ceilings, awarding permanent
rights to tenanted land (subject to landowners right to retention), and transferring
land ownership to lands not claimed by landowners. The inability to implement
these reforms swiftly has negatively affected the functioning of rental markets. In
most Latin American countries that tried to give tenants secure tenure, landlords
thwarted the reforms by undertaking large-scale evictions or shifting to ranching,
highly mechanized cultivation, or the use of wage labor. In India, tenancy reforms
meant to benefit the poor seem, in the aggregate, to have damaged them. Although
the impact varies by state, tenant evictions associated with tenancy reforms have
caused the rural poor to lose about 30 percent of the total cultivated area, and, by
threatening landowners who lease with the loss of their land, the reforms have completely undermined land access through rental markets (Appu 1996). Even in countries such as Egypt and Uganda where tenancy reforms could be implemented, failure to separate clearly the rights of landowners from those of tenants has led to
overlapping claims to the same piece of land, causing uncertainty and inhibiting
investment. Landowners (who normally are precluded from raising rents) have no
incentive to invest, while tenants rights cannot normally be used as collateral for
formal credit.
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Replacing rental restrictions with a clear regulatory framework for land rental
markets could do much to improve agricultural productivity and the welfare of potential tenants. Furthermore, in situations characterized by overlapping property rights
resulting from incomplete implementation of tenancy reforms, mechanisms allowing the parties to come to a mutually agreeable solutionwhereby one party buys
out the other or each party receives full property rights to part of the landcould
boost investment and productivity.
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sales and rental markets and thereby improve the acceptance of land as collateral
by financial institutions. Such information systems would also help in developing,
fine-tuning, and evaluating the broader framework for land policy, particularly in
determining the degree to which distortions continue to apply, who exactly participates in these markets, and whether the interaction between land and credit
markets is efficient.
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other support services to beneficiariesproved to be corrupt, expensive, and ineffective in responding to beneficiary demands.
Land Banks
In view of these difficulties, land banks and frontier settlements were seen as alternative mechanisms to land reform. Land banks provide loan financing at commercial
rates for small farmers to acquire land, while frontier settlement, or colonization,
aims to transfer individuals from congested areas to remote areas where lack of infrastructure means that land is cheap. With hindsight, it can be said that these alternative mechanisms were ineffective. Expecting beneficiaries to repay the full price of
land has resulted in widespread default and nonrecoverable loans. Frontier settlement is no longer seen as a way to equalize land distribution. In addition to high
administrative costs and associated environmental hazards, it has reinforced, rather
than eliminated, unequal land ownership patterns in many countries (Thiesenhusen
1991). Thus most land reforms have relied on expropriation and have been more
successful in creating bureaucratic behemoths and in colonizing frontiers than in
redistributing land from large to small farmers, although redistributive land reform
was shown to have positive social returns.
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Conclusion
Within the last two decades, considerable advances have been made in understanding the principles underlying land relations and in the way in which they might be
affected by specific policy interventions aimed at growth and poverty reduction. At
the same time, the number of countries where policymakers believe that the issues
surrounding land relations must be addressed has expanded.
It is now recognized that formal title, under conditions of low population density,
is not necessarily the most cost-effective and desirable way to ensure secure tenure
and facilitate land transfers. One alternative is to award property rights to communities, which then decide on the most suitable tenure arrangements. This system not
only should reduce transaction costs but also should allow a more flexible evolution
of the structure of property rights while at the same time restoring some of the traditional social functions of land through secondary common property uses. Evaluations of such approaches, which are in increasing demand all over Africa, would be
highly desirable. Another option is to award long-term and transferable leases, which
could increase investment and expand the scope for using the rental market to transfer land to more productive uses.
Experience shows that the undesirable outcomes that have been attributed to the
free operation of land markets were caused more by policy distortions and imperfections in other markets than by the operation of land markets per se. The fact that
land sales are more affected than rentals by such factors suggests that the liberalization of rental markets should be a high priority. Indeed, the plethora of land market
interventions has greatly reduced opportunities for the poor to rent land. A number
of countries inherited a dualistic landownership distribution that is not conducive
either to efficiency and investment or to equity and that has often been at the root of
violence and protracted social struggle. After macroeconomic liberalization, some
of these countries have started to implement a new model of community-based,
market-driven land reform. Additional research is needed to determine whether such
programs have affected land access, investment, productivity, and social indicators
such as violence. The results of that research not only will allow policymakers to
make changes as individual programs evolve but also will provide lessons for countries that are struggling to make land policies more effective.
Notes
Klaus Deininger is an economist in the World Banks Development Research Group; Hans Binswanger
is sector director in the Rural Development and Environment Department in the Africa Region. The
authors would like to thank Michael Carter, Alain de Janvry, Dina Umali-Deininger, Ruben Echeverria,
Gershon Feder, Gustavo Gordillo de Anda, Isabel Lavadenz, Shem Migot-Adholla, Pedro Olinto,
269
Elisabeth Sadoulet, and participants at a World Institute for Development Economics Research (WIDER)
workshop in Santiago and various World Bank seminars for detailed comments.
1. The breakdown in collective forms of production occurs because members do not receive the full
benefits of increased effort (the free-rider problem), because members ability to benefit from the
collectives assets ends with termination of membership, thus diminishing members investment incentives, and because there is an incentive to reduce the number of members, often coupled with
government subsidies to embark on a capital-intensive development pathimplying that collectives
generate much less employment than do small (or even large) farms.
2. Farm management and supervisory skills are of importance not only because farmers with better
management skills would operate larger farm units but also because they will generally want remuneration for their management comparable to what they could obtain in other sectors of the economy.
This leads farm operators to substitute capital for labor as nonagricultural wage rates increase (Kislev
and Peterson 1982). Such an increase in farm size over time does not necessarily indicate the presence
of increasing returns to scale.
3. A positive relationship between asset distribution and growth is ascertained, for example, by
Birdsall and Londoo (1997); Deininger and Olinto (1999); Deininger and Squire (1998); Fajnzylber,
Lederman, and Loayza (1998); and Rodrik (1998). Besley and Burgess (1998) extend this to land
reform legislation.
4. Indeed, some studies have found that in cases where no formal credit markets existed, title had
little impact on farm income or investment (Carter and Wiebe 1990; Migot-Adholla and others
1991).
5. As in the case of Mexico, communities can decide to subdivide the communal lands and distribute parcels to individual members under freehold title if they so wish, subject to an upper size limit on
the holding of any individual in the group and adherence to proper processes in doing so.
6. This is in line with evidence from a number of Eastern European countries, where political
constraints generally led to a relatively inefficient way of implementing land reformthrough
physical restitution of plots rather than compensation of former owners through fungible cash
payments.
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