THE INTEGRATION OF LAND TENURE AND ENVIRONMENTAL GEOSPATIAL DATA IN SUPPORT OF LAND ADMINISTRATION AND SUSTAINABLE DEVELOPMENT

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1 THE INTEGRATION OF LAND TENURE AND ENVIRONMENTAL GEOSPATIAL DATA IN SUPPORT OF LAND ADMINISTRATION AND SUSTAINABLE DEVELOPMENT MOSCHOS VOGIATZIS National Cadastre & Mapping Agency, Greece Paper prepared for presentation at the 2015 WORLD BANK CONFERENCE ON LAND AND POVERTY The World Bank - Washington DC, March 23-27, 2015 Copyright 2015 by author(s). All rights reserved. Readers may make verbatim copies of this document for non-commercial purposes by any means, provided that this copyright notice appears on all such copies.

2 Abstract Traditional parcel-based cadastral systems secure and provide information, limited though, to land tenure. The under development Greek cadastre system, even though a typical one, has the potential to play a fundamental role and break new grounds in support of a modern and effective land administration by incorporating environmental data and information, regarding forestlands and natural habitats of protected sites of Natura2000 network. Development of authoritative institutional geospatial data and information for forestlands and habitats is crucial for an effective land administration, physical and spatial planning and their environmental protection as well. The National Cadastre and Mapping Agency (NCMA) has undertaken the respective initiatives, based on institutional reform, to implement forest mapping and habitat update and monitoring to develop the spatial infrastructure for those lands and related land services. Integrating those authoritative datasets, managed by independent public agencies, into the cadastral system, is a major challenge towards spatially-enabled land administration. This paper presents the current situation in land administration in Greece, discusses the respective institutional setting and introduces the evolution of the Greek Cadastre System to a multipurpose cadastre, providing integrated land information and services through cadastral offices in one stop or via web to the government, public and private sector. Key Words: Cadastre, Land Administration, Land Information, Sustainable Development, Land Services

3 INTRODUCTION The complex public land administrative system in Greece creates bureaucratic, legal and procedural disincentives to private sector and even to public sector, failing to serve properly the citizens, and the objectives (environmental, social and economic) of sustainable development. Despite multiple policy initiatives encountered in all sectors and available funding in the last decades, the system is inefficient because of its structure, designed in previous centuries. Multiple public agencies and departments are mutually involved in land transactions with crossed responsibilities and jurisdictions over land (Fig. 1). Therefore ccitizens or professionals have to address different public agencies and departments to get relevant certificates or documents regarding the status of their owned lands. Parcel-based Deed Land Title Forest/ Natura2000 Information Registration non Forest site/non Ministry of Ministry of Ministry of Local Ministry of Internal Internal Affairs Justice Justice Government Affairs or Ministry of Environment Cadastre Office (established & supported by NCMA) Register Office Directorate of Land Policy (for distributed lands) General Secretariat of Regional Administration/ Forest Service General Secretariat of Regional Administration or Management Body of Natura2000 site Figure 1. Information/documents regarding land, forests and protected areas by public organization/department. Moreover, institutional setting regarding forestlands and nature protection conform a series of overlapping boundaries and regulations which represent a major challenge for decision-making in public land administration and management of natural environment (Marcer et al., 2010). Public land administration needs reliable spatial data to improve land administration and management. However, major issues regarding institutional land inventory and assessment are still pending, such as the definite and systematic delineation of forestlands and the update and monitoring of protected areas (Natura2000

4 sites) at the national level. The administration favours the circumstantial confirmation whether a land parcel or area is forest/non forest or part of a protected area, a practice that deprives environmental protection. In addition, it does not promote transparency in land administration and definitely does not generate the circumstances for building a land market. Thus, the State has forestlands but not titles; in many cases, citizens have lands but not titles or have both the land and title but under restricted use. Today, we know that all of these issues are driven historically by political, societal and economic changes and interests which have hampered the inventory of State and private lands and cadastre development over time as well. The way forward should empower confidence among public administration, individuals and community in land transactions by incorporating an operational consistent and transparent system and certainly a structural reform strategy. Traditional parcel-based cadastral systems secure and provide information, limited though, to land tenure. Cadastre real property information on its own is not sufficient to respond to land market demands and citizens needs. Landowners, professionals, investors require reliable integrated land information about their own lands or lands of interest. The under development Greek Cadastre System has the potential to play a fundamental role and break new grounds in support of a modern and effective land administration by incorporating parcel-based authoritative environmental geospatial data and information, regarding forestlands and natural habitats of protected sites of Natura2000 network. This paper presents the current situation in land administration in Greece, discusses the respective institutional setting and introduces the evolution of the Greek Cadastre System to a multi-purpose cadastre, providing integrated land information and services to the government, public and private sector, in support of sustainable development. The NATIONAL CADASTRE OF GREECE The National Cadastre and Mapping Agency (NCMA), former Ktimatologio S.A., the leading Greek government organization for the development and operation of the National Cadastre at the national level, aims to a modern, spatially enabled, uniform, digital cadastre system regarding the ownership status of all the real properties of the country, overseen and guaranteed by the State. The Greek Cadastre System combines cadastre and land register, and is one of its kind, since today s modern cadastres evolved from European cadastres in the 18th and 19th Centuries. It was born 18 years ago, from the government's strategic plan for the development of cadastre in Greece and the modernization and unification of lands registration offices, a task that can be considered a reform at that time. It is based on fixed boundary system and a common reference system and provides current information exclusively on real property, such as parcels, owners, rights and titles/deeds. From this point of view, it remains a traditional cadastre and registration system. So far, it is under development and is expected to be completed till 2020, a

5 questionable though target due to lack of available financing. In order the Greek Cadastre system to be fully operational at the national level, primary objectives and goals should be attained accordingly: The development of cadastre in the rest of country, The development and authorization of forest maps across Greece and The establishment of final cadastral offices. Up to now, 104 cadastre offices have already been established across Greece, replacing registry offices, in areas where cadastral mapping had been completed. These offices are connected on-line to central NCMA offices through ISDN or ADSL internet lines over VPN. Cadastral offices maintain all essential legal information and cadastral maps within their jurisdiction. They are responsible for new incoming deeds registration and update of cadastral records, limited to parcel attributes though, using.net webbased applications. Cadastral offices provide in person digital access of cadastral records and parcel information retrieval (property, rights, landowners) to those who have legal interest (lawyers, surveyors). Management of spatial cadastral data including update of survey measurements and parcel boundaries is not allowed to cadastre offices. This authority is given exclusively to NCMA personnel for security and data harmonization reasons. A customized version of ESRI ArcGIS is used to manage spatial cadastral data while ESRI ArcIMS is used to provide spatial data navigation and querying to cadastral offices via internet. Other services, in analogue format though, include the rendering of: a) Certificate of cadastral records, b) Cadastral extract, c) Extract of cadastral diagram, d) Cadastral diagram and e) a copy of registered deeds (Fig. 2). NCMA has developed a technological infrastructure that supports effectively the development of the National Cadastre, the operation of cadastre through the establishment of cadastral offices across Greece and operations of services by providing high quality of geospatial data and advanced technological solutions in support of other public organizations and agencies, such as high resolution digital orthoimagery. Furthermore, NCMA has undertaken major initiatives in the field of natural environment, such as cadastral forest mapping and the reassessment of protected areas and habitats of Natura2000 network, at the national level.

6 Figure 2. Parcel-based information provided by the Greek Cadastre (Left: Extract of cadastral diagram, Right: Parcel owners and property rights). CADASTRAL FOREST MAPPING Cadastral forest mapping deals with the development of authoritative data regarding the geographic position and boundary delineation of forestlands at the national level. Cadastre comprises of all land properties, therefore its successful development requires accurate and documented information on forestlands, which cover 60% of Greece. Given the lack of a forestlands registry in Greece, forestlands boundary delineation and land status (forest/non forest) is fundamental for successful cadastre development since their characterization evokes property rights claims by the State against individuals and vice versa. In addition, forestlands are governed by a series of laws over time, which enforce their fully protection and prohibit land use change. This affects land administration, natural resource management, and adequate spatial planning for a wide range of activities. Cadastral forest mapping deals with forestlands boundary delineation and their associated characterization (forest/non forest) based on the land-cover characteristics from multitemporal remotely sensed data. In addition, it takes in account a plethora of existing data, such as administrative acts issued by local Forest Services and court decisions on land character (forest/non forest), urban boundaries, historical cadastral maps and historical land parcel diagrams developed for distribution of lands for agricultural use by the State. Based on those data,

7 enforcement of relevant provisions of the legal framework regarding forests and forestlands protection, land characterization and state property rights in forest lands is documented (Vogiatzis, 2008). The project aims at developing digital forest maps, at a scale of 1:5000 depicting forest/non-forest status and extent over time to attain the following tasks: (a) protect forests and forestlands effectively, (b) identify and promote State property rights on forestlands through cadastral process, and (c) provide digital data sets to public administration for land management and planning (Fig. 3). Figure 3. An extract of Forest Map. ( : Forestlands, A: Other Lands; in each label, the first digit refers to land character in the past while the second to the current land character) Thus, the Forest Map has two dimensions: cadastral and environmental. The former refers to their detailed and definite delineation for the protection of state property rights on forestlands. The latter refers to the protection of forestlands, enforced by the institutional legal framework. The absence of authorized Forest Maps in Greece over the years has raised many issues regarding land administration, state-private property rights and eventually sustainable management of forestlands. In addition, their absence is a major barrier for sustainable development in Greece. NATURA200 PROTECTED AREAS AND HABITATS In 2000, Greece has established a network of protected areas, known as Natura2000, for the protection of degraded ecosystems, natural habitats and threatened species, according to EU Habitats Directive 92/43.

8 Those areas encompass a wide range of lands, including the National Parks, the Wetlands of International Importance under the Ramsar Convention, as well as other important areas such as Aesthetic Forests, Natural Monuments and landmarks, with high vegetation and biological diversity. The network includes 241 Sites of Community Importance (SCI) according to the EU Directive 92/43 and 202 Special Protected Areas (SPA) according to EU Directive 79/409. The network terrestrial sites excluding overlapping areas, cover 16, 2% of country area. The network sites are protected and bounded by a special legal framework that constrains land development: land fragmentation is limited to 1 Ha in areas outside the limits of certified urban plan or outside village boundaries legally pre-existing prior to 1923 or having a population of up to residents. In addition, dangerous industrial installations or installations which produce noise pollution as defined according to the law are prohibited. Agricultural and livestock activities are restricted. Within sites, the development and allocation of new construction projects, even in areas which do not cover priority habitats and habitats of species priority, is permitted in the absence of other alternative and for reasons pertaining to urgent public and social interest, to ensure the overall coherence of the Natura2000 protected areas network. Thus, Natura2000 sites and habitats boundaries represent a further level of legal and spatial complexity in environmental protection, construction project/activity licensing and land development. In addition, Natura2000 sites and the relevant habitats should be defined in detail and designated as Special Areas of Conservation (Government Gazette, No. A-60, 2011). This legal provision complies with EU policy for biodiversity protection and sustainable management of protected areas and EU mandate for systematic and periodic monitoring of habitats in member states. Future stages in the implementation of the Directive involve setting up a monitoring and surveillance scheme, and reporting on the conservation status of the habitats on a six-yearly basis. These stages require detailed, reliable and up-to-date habitat distribution maps, but also giving indications on its quality. NCMA has undertaken the aforementioned project implementation and succeeded in financing it by EU funds. It will be completed till the end of However, despite the need for accurate and secure information on their geographic boundaries, the institutional setting regarding Natura2000 sites was insufficient up to The appropriate provisions and processes for the institutional authorization of protected areas and habitats boundaries were missing. Therefore, formal information on whether a parcel or area falls within a Natura2000 site or else, along with its cover type (natural habitat or else) was impossible to be provided. Eventually, the issue was resolved by a relevant law provision, following recommendation by NCMA: certificates regarding the geographic location of a parcel relative to a

9 protected site will be provided by NCMA or cadastral offices following their detailed boundary delineation (Government Gazette, No. A-156, 2013). INTEGRATION OF ENVIRONMENTAL AND CADASTRE DATA Land development and investments is crucial for Greece, especially nowadays due to the current economic crisis. Citizens, professionals, investors require reliable integrated land information about their own lands or lands of interest. We anticipate that spatial data and information should be authorized therefore the State will guarantee land status, its boundary and associated information. Cadastre real property information on its own is not sufficient to respond to land market demands and citizens needs. Land administration refers to the process of recording and disseminating information about ownership, value and use of land and its associated resources. LA includes, inter alias, cadastre, land registers, land consolidation, valuation, and spatial information management for a sustainable management of land resource (Economic Commission for Europe, 1996). The Greek Cadastre System needs re-engineering to integrate a wider data range and information and provide all facts about land in compliance with Statement 1 of Cadastre 2014 (Kaufmann and Steindler, 1998). It should evolve to a multipurpose cadastre system to face effectively the existing deficit in land administration and provide integrated information on natural environment across jurisdictions and organizations, to support land governance, sustainable development and economic growth. The proposed multipurpose Cadastre System for Greece, illustrated in Figure 4, is based on the concept of modern land administration systems (Williamson et al., 2010).

10 Figure 4. The multipurpose cadastre approach. NCMA consistent nationwide orthoimagery will be used as the reference framework for data spatial coherence. The combined web-based and GIS technology applied successfully in delivering tenure information will be used and new customized applications will be developed to integrate the new types of environmental spatial data and provide the relevant information to cadastre offices (Fig. 5).

11 Figure 5. GIS-based application for handling integrated parcel-based data: a. parcels (in black), b. forestlands (in green) and c. habitats (in blue). Once the above types of data are integrated with cadastral infrastructure, the system will be accomplished and transformed to a multipurpose cadastre system. The proposed operational system will have the capacity to provide authorized spatial data, integrated information and high quality services both to citizens and government, as shown at the right part of the diagram. Beyond the traditional purpose of supporting tenure, the system will deliver spatial information regarding land status and serve the functions of land administration: land use and land development. Certificates regarding land parcel status required for land transactions and land development will be issued and delivered upon requests. These services will be delivered centrally by NCMA or through cadastral offices across Greece in one step (Fig. 6).

12 Figure 6. Services provided by the proposed integrated environmental cadastre system. Internet will be used as an alternative electronic means of communication either for incoming requests or for data and information dissemination (e-land administration). New web-based GIS applications should be developed to support lodgment of requests, certificate provision, and associated payments if enforced by law. BENEFITS OF THE INTEGRATED ENVIROMENTAL CADASTRE SYSTEM The current Greek Cadastre System is primarily concerned with detailed spatially referenced information at the individual land parcel level. It provides guarantee of ownership and security of tenure. The adoption and operation of the proposed system will lead to additional benefits arise through its application to: emergency planning and management; environmental monitoring and protection; physical planning; land and market development; and public awareness. In particular, the following benefits arise:

13 a) Improved administration of public lands: The system will facilitate the administration and management of State lands particular forestlands for which spatial allocation has not been documented. The system will provide current site-specific geospatial data and information to public organizations and agencies for lands under their jurisdiction. The relevant public agencies, e.g. Forest Service, will not waste any longer their resources for land status characterization and demarcation. The government will be able to have at last a real, complete and formal view over its all types of land and property assets, therefore it can proceed to efficient spatial planning, land management and sustainable development. b) Spatial data and information access and dissemination: The system will provide up-to-date land spatial data and information to community, public and private sector, in a cost effective way, across jurisdictions and at different scales. The system will provide the required processes for all data integration, update, maintenance and handling, which will be developed either by NCMA or other public organizations. c) Support environmental protection and monitoring: Authorization of environmental spatial data will ensure environmental protection and conservation of natural resources. Complex environmental regulations pertaining either to the parcel, the local or regional level will be at last determined and spatially referenced. The system will provide details of natural sites protected by law. System records can be used to the implementation of national forest inventory, monitoring of protected areas, forest management plans and preparation of environmental impact assessments. d) Improved quality of services: This advanced spatially enabled system will end time consuming public processes, reduce costs, and thus serve the community in one step via cadastral offices or internet. e) Provide legal security: Provide legal security in land transactions. f) Develop a land market: Provide certainty of knowledge of all information regarding a parcel or area along with the current restrictions of land use. ISSUES AND DISCUSION The Greek public land administration needs a radical reform. Authorized land spatial information is crucial for spatial planning, transparent land governance, and sustainable development. The Greek Cadastre System should be the engine of a modern land administration system. Legislature amendments

14 have already been passed to modify the current institutional framework and support additional services through cadastral offices. Effective land administration creates accurate, accessible, interoperable, timely, secure, and complete information about land and property in an affordable and efficient way that promotes confidence between the public, commercial enterprises, and government. However, building effective and enduring spatiallyenabled land administration systems requires long-term investment and continuing support. The success of the proposed system at the national level requires a number of institutional arrangements in terms of policies, legal framework, organizational restructuring, infrastructure development and resource requirements to be addressed. REFERENCES Economic Commission for Europe, Land Administration Guidelines, ECE/HBP/96, United Nations Publication, New York, p. 94. Government Gazette, No. A-60, Conservation of biodiversity and other provisions, Law No. 3937, Ministry of Environment, Athens, Greece. Government Gazette, No. A-156, Completion of Cadastre provisions and other adjustments, Law No. 4164, Ministry of Environment, Athens, Greece. Kaufmann J. and Steudler D., Cadastre 2014, A Vision for A Future Cadastral System, FIG Commission 7, FIG, p. 15. Marcer A., Garcia V., Escobar A. and Pons H., Handling historical information on protected-area systems and coverage. An information system for the Natura 2000 European context, Environmental Modelling & Software, 25: Vogiatzis M., Cadastral Mapping of Forestlands in Greece: Current and Future Challenges. Photogrammetric Engineering and Remote Sensing, 74(1): Williamson I.P., Enemark S., Wallace J. and Rajabifard A., Land Administration for Sustainable Development, ESRI Press Academic, Redlands, California, 497 pp.