| 
  
    | Article of the Month - 
	  July 2005 |  Spatial Data Infrastructures and Land Administration in 
	EuropeDorine A. J. BURMANJE, Chair of the Board Dutch Cadastre, Land Registry 
	and Mapping Agency, The Netherlands
    
       This article in .pdf-format 1) This paper has 
	been prepared and presented as a keynote presentation in a plenary session 
	”Co-operation between Land Administration and SDI” at the FIG/GSDI 
	Conference in Cairo, Egypt, 16-21 April 2005. It is based on material 
	presented during a UN/FIG/PC IDEA Conference in Aguascalientes, Mexico in 
	November 2004. 1. INTRODUCTION The purpose of this paper is to address the question of how the 
	information-function in a society should work to appropriately support 
	decision-making processes, and what the role is of land information. In 
	Europe, not to be confused with the member-states of the European Union 
	only, in the course of time independent states were formed. They developed 
	in an autonomous way their own legal frameworks, public administration and 
	mechanisms of exerting state power. A brief explanation of history aims at 
	providing understanding of the context in which the subject of the paper is 
	looked at. Then the paper reviews, in a general way, the existence of land 
	policies, land administration, and the role of land information in society. 
	It becomes clear that a well operating broad information function requires 
	decisions at high political level.  2. EUROPE AS A CONTEXT About 2000 BC the main civilisation was Greek. The rest of Europe was 
	inhabited by all kinds of nomadic peoples, from Teutonic, Celtic, and 
	Slavonic origin. From Italy developed the Roman Empire, which -around the 
	year 0- existed of almost the whole of Europe, in a reasonable peaceful way 
	(Pax Romana, by Emperor Augustus). Those days the Empire was split in two 
	parts, an eastern part that existed until about 1400, and a western part, 
	that was captured by Teutonic kings in 476. They established the Frankish 
	Kingdom, that was extended by Charlemagne to almost the whole of western 
	Europe. After his death, in 768, the Kingdom was split in three parts, of 
	which the western part developed into France, and the middle and eastern 
	part into Germany and Italy (1250). At the Iberic peninsula the Visigothic 
	Kingdoms developed via Castile, into Spain. Around 1500 Charles the Great, 
	inherited Spain, parts of France, Bohemia and the Netherlands. After a 
	80-year war, the Netherlands became independent in 1648. After Napoleon, the 
	Congress of Vienna in 1825 decided on new territorial boundaries in Europe. 
	The basis for the current lay out was laid after the first world war, 
	modified after the second one, and finalised through the developments in 
	central, eastern Europe and the Balkans after the collapse of communism 
	(1989).  Thus the forming of nations took in many cases hundreds of years. This is 
	important information, as it explains how norms and values in society could 
	be shared in the course of time, resulting in jurisdictions that -at a 
	certain moment- give raise to codification. In this way, the concept of 
	property as such and property rights are vested in society and constitute in 
	many cases transparent and homogeneous arrangements. Legal pluralism, that 
	is so well spread over countries with a younger history, is not so much a 
	hindrance for good governance.  3. A VARIETY OF INSTITUTIONAL ARRANGEMENTS In the literature you may find that at least three topics are determining 
	the way of public administration, namely the opinion on how to govern a 
	society, secondly the way of management and organisation of the 
	administration, and thirdly the civil service culture.  The first, the administration, is very much external oriented, 
	since it aims for the making and creation of society, or to say it more 
	sophisticated, it aims for guidance, control and evaluation of society. 
	Administrative reform in the United Kingdom was very much based on the 
	opinion that the administration was too ineffective, money wasting, not able 
	to govern, in the grip of all kind of social institutions and pressure 
	groups. So the governmental reform aimed for restoring the primacy of 
	politics, reducing the tasks of the ministries to their core business, and 
	improving the output of the public institutions by steering them at 
	distance. Governmental reform in France was very much bases on the 
	dissatisfaction of the citizens with the extent, the inertia , and 
	inflexibility of the civil service. Improvements were searched for in 
	decentralisation and deconcentration of institutions, and improving their 
	output by quality assurance programmes and special service projects. The 
	step back of the government in Germany took place mainly by deregulation and 
	reducing bureaucracy, together with a revitalisation of the social middle 
	level and the private initiative. In the Netherlands after the centrally 
	planned and established welfare state in the seventies, the economic draw 
	back and the need for decreasing the government's budget, the administrative 
	reforms were based on the experience that it seemed to be impossible to 
	control the developments in society from a central level. A lot of centrally 
	performed tasks were decentralised (like social welfare, housing, urban 
	renewal, regional economic policy, environment), and deregulated (like 
	education, building regulations, intergovernmental relationships). Other 
	tasks were moved so that they were at arms length in order to manage at a 
	distance from the operators of the tasks. In many countries in middle and 
	eastern Europe administrative reforms were very much based on the great 
	political changes in the last 10 years, which means that a lot of 
	governmental attention first of all has been paid to restoring democracy, 
	and re-establishing the constitutional state. My conclusion is however, that 
	we see a lot of common movements and developments, we may even speak of 
	trends, in the reform of the public administration.  Considering the second issue, the management and organisation of the 
	public sector, it is to say that this issue is more internal oriented, 
	because it addresses the problem how an administration can perform best, in 
	terms of effectiveness, efficiency, legitimacy and legality. Here again 
	three issues are important, namely the capability to develop policies at a 
	strategic level, the integration of policymaking and implementation, and the 
	quality of the implementation and the service to the public. In an attempt 
	to improve the capability to develop adequate strategies, it was decided in 
	many countries to reform the ministries, to make them smaller, and to 
	concentrate their tasks on the real political core business. Back to basics. 
	The measure to reach that situation is privatisation and making large 
	operational units more independent. The second aspect, the integration of 
	policymaking and implementation, is important because laws and regulations 
	are to be implemented, and there are too many examples warning of 
	insufficient possibilities to implementing governmental regulations in an 
	effective and efficient way, which results in dissatisfaction by citizens 
	and private businesses. Here we see that making operational units more 
	independent, more autonomous, causes at the same time a necessity for the 
	policymakers to be aware of the operational effects of their policies, since 
	they will face big problems in establishing a service level agreement with 
	the independent implementing institution. In the Netherlands we observe much 
	more political attention for the operational aspects of e.g. health care, 
	public study grants, agricultural information services, housing, transport, 
	even for land registration and cadastre.  The third aspect, is the organisational culture of the civil service. 
	The demand of the citizens and private business for a better service, low 
	prices, good quality of products and service, value for money, defines 
	requirements to the institutions in order to be met. The traditional 
	orientation of governmental organisations towards internal affairs, towards 
	the internal aspects of products and services, changes more and more towards 
	an external orientation. More market- and customer oriented approach is 
	needed here.  The impact of these developments might also be observed regarding land 
	administration organisations, for example in the Netherlands (‘Cadastre, 
	Land Registry and Mapping Agency), Sweden (‘Landmäteriet’), England and 
	Wales (Her Majesty’s Land Registry’), Scotland (‘Registers of Scotland’), 
	Lithuania (‘State Centre of Registers’), Czech Republic (Czech Office of 
	Surveying, Mapping and Cadastre’). These organisations are highly 
	independent public bodies, however operating under the political 
	responsibility of a minister(UN, 2000). In all cases the main rationale is 
	that if these organisations are expected to meet the requirements of 
	customer-satisfaction and cost-recovery as desired by their governments, 
	they need to have certain managerial degrees of freedom, which are not 
	possible within the traditional government structures.  These organisations have a lot in common, although they operate in 
	different countries. They all have much attention to formulating keen 
	strategic objectives, strategic use of information technology, appropriate 
	IT-infrastructures and systems, workflow management, and re-training of 
	staff, embedded in regular customer surveys, quality assurance, and 
	cost-benefit monitoring. In all cases the new goals impacted heavily on 
	organisational structure and management principles (van der Molen, 2003a).
     Another item is the relationship between the land registry and cadastre. 
	The existing institutional arrangements stem from historic developments: in 
	for example France, the Scandinavian countries, Poland, Russia, Slovenia, 
	Croatia, Estonia and Bulgaria land registration is the responsibility of the 
	courts, which are supervised by the Ministry of Justice, while the cadastre 
	is under another ministry or under the municipalities. In countries like 
	Germany, Austria, Latvia, Switzerland land registration is done by special 
	Land Book Offices (‘Grundbuch’) while the cadastre is elsewhere in the 
	public administration.  In Spain and Portugal land registration is carried out by private 
	registrars (e.g. ‘Registeradores de Espagna’), which are supervised by the 
	Ministry of Justice, while the cadastre is a fiscal cadastre under the 
	Ministry of Finance. In countries like Albania, Armenia, Czech Republic, 
	Greece, Hungary, the Netherlands, Italy, Lithuania, Luxembourg, Slovakia, 
	England & Wales, Scotland, the land registration and cadastre function are 
	within one single organisation (UN, 2000) (UN, 2001). The advantage is that 
	the process of registration of land and updating the cadastral registers and 
	maps can be executed in one run without problems of continuous mutual 
	transfer of relevant data. Also the Worldbank recognises efficiency benefits 
	(Deiniger, 2003), although countries where the situation is not ‘unified’ 
	normally have good arrangements to cope with the transfer of data.  A related issue is the financial regime. Land registration is a true 
	public monopoly, as it is only the government that is entitled to provide 
	security of a property right through registration. As parties on the land 
	market are interested to acquire secure transfer of real rights, they are 
	willing to pay a good price for land registration. In many European 
	countries the cost-benefit ratio of land registration is therefore 
	considerably positive. However cadastres, on their turn, face high costs 
	because land surveying and maintaining maps is expensive, not to mention the 
	costs of migration from analogue maps into digital databases. In short: 
	title offices are money- makers and cadastres are big spenders. If there are 
	no financial arrangements to cover the expenses of the cadastre with the 
	surplus of title offices, the benefit of the system as a whole is difficult 
	to materialise (van der Molen, 2001) (van der Molen, 1998).  4. LAND POLICIES TO ADMINISTER THE LAND A ‘land policy’ can be defined as all the whole complex of socio-economic 
	and legal prescriptions that dictate how the land and the benefits from the 
	land are to be allocated (UN/ECE, 1996).  The function of having access to information regarding the ownership, 
	value and use of land becomes manifest if we consider the implementation of 
	a land policy. In the European countries governments face that execution of 
	public power when it regards to land issues, interferes with private 
	property rights. In fact it is an intervention of the government in the 
	right to dispose, which is the substantial and fundamental characteristic of 
	a property right. The justification of that intervention is provided by 
	public law, and the democratic decision making process that enforces the 
	law.  As societies tend to be more complex on one hand and the people expect 
	the government to govern on the other hand, the extent and substance of 
	public law steadily is growing. This might be observed in all European 
	countries. It results in a growing amount of options for the government to 
	impose restrictions on property rights to land. The existence of public 
	rights on land however limits the use that can be made of the land, which 
	might affect the marketability of the property. As we know from North 
	(1990), access to relevant information controls the transaction costs that 
	shape human interaction. A solution for that is the registration of public 
	rights to land and providing access to this public part of the legal status 
	of land.  5. LAND INFORMATION WITHIN AN INFRASTRUCTURE Information acquisition, storage and dissemination constitute a 
	substantial cost for society. Not much is known about the actual figures 
	(van der Molen, 2003b). However, the specific costs for a relatively narrow 
	description of the specific costs of creating and maintaining a spatial data 
	infrastructure in the US amount to some 5 billion US$ to 6 billion US$ per 
	annum at a first approximation.. Taking a wider scope, and including the 
	business dependent on the infrastructure, the total expenditure seems not to 
	be less than 15 billion US $ per annum. The US Mapping Sciences Committee of 
	the National Academy of Science reported in 1994 that the annual federal 
	spending on spatial data only was in the order of 4,4 billion US $ (Groot, 
	2000).  Regarding the nature of the tasks of government bodies, many tasks have a 
	substantial element of collecting, processing, and disseminating information 
	as part of their decision making process: about persons, legal entities, 
	vehicles, ownership, house rent, leases, land use, housing, constructions 
	etc. Government bodies, as they need information for good execution of their 
	given tasks, pursue these informational activities for their own purposes. 
	In fact it is a matter of duplication of efforts. Data about persons are 
	collected by departments of the municipalities, e.g. for their welfare 
	policies, employment policies, land use planning, land use control, social 
	housing, local taxes, and land market control. Departments in Districts and 
	Provinces collect the same, e.g. for overall spatial planning, environmental 
	policies, water-management. Central government bodies do the same e.g. for 
	national taxes, construction of transport infrastructure, census, land 
	consolidation, land reform. In fact this is an ongoing duplication of 
	efforts, that creates high cost for the government on one hand, and a 
	financial and administrative burden to citizens on the other hand. In 
	macroeconomic terms this results in unnecessary high government budgets, 
	which is at the expense of economic growth and GDP. In microeconomic terms 
	this results in costs for households, and less return on investment for the 
	business sector.  From a foreign investment point of view, too high financial and 
	administrative burdens put investors off. They might prefer to invest 
	elsewhere.  In order to combat the negative effects of multiple data collection, 
	storage and dissemination, data sharing is a solution. This means that 
	government bodies at all levels use data that is collected by one of them 
	and that they don’t spend money on collecting the same data by themselves. 
	In fact this is in my view the main challenge of the concept of data 
	infrastructures. Regarding the spatial component of data, this concept is 
	specified as a ‘geo-spatial data infrastructure’, that is defined as the 
	encompassement of networked spatial databases and data handling facilities, 
	the complex of institutional, organisational, technological, human and 
	economic resources which interact with one another and underpin the design, 
	implementation, and maintenance of mechanisms facilitating the sharing, 
	access to, and responsible use of geospatial data at an affordable cost for 
	a specific application domain or enterprise (Groot, 2000).  Last ten years countries in Europe embarked on the development of such 
	infrastructures (Inspire, 2004) (www.eurogi.org),. 
	Data- sharing issues take a prominent place. A good example can be found in 
	Germany (Brüggemann, 2003) and (Brüggemann, 2004).  At the level of the European Union, the three Commissioners of 
	Environment, Statistics, and Research signed a memorandum on the creation of 
	an Infrastructure for Spatial Information in Europe (INSPIRE). The INSPIRE 
	initiative aims at making available relevant, harmonised, and quality 
	geographic information to support formulation, implementation, monitoring, 
	and evaluation of Community policies with a territorial dimension or impact. 
	The INSPIRE expert group focuses on a stepwise approach: through 
	standardisation, harmonisation towards integration (INSPIRE, 2004)  The question is: who has to take the lead when a country desires to 
	embark on a co-ordinated management of government-information ? There are 
	many examples that governmental data-suppliers join together in some form of 
	national council. In Europe these national councils are associated in the 
	EUROGI, the umbrella organisation for national GI bodies, which acts as the 
	contact-body to the European Union. Somebody should however take the 
	initiative to create such a national council. Big data-suppliers, like 
	national mapping agencies, cadastres, and geological survey organisations, 
	which have a nation wide coverage, are the obvious organisations to provide 
	leadership. This happens for example in the Netherlands, Germany, UK and 
	Sweden.  While working on infrastructures, practice reveals that the impact of the 
	concept of information infrastructures develops along two lines. Namely on 
	one hand the need for what is called interoperability, thus the ability to 
	combine and integrate data-sets from different origin, and on the other hand 
	the need for the government to re-organise government data-sets that 
	everybody knows are of a fundamental importance. The first need, 
	interoperability, is normally divided in three forms, the interoperability 
	of data, software, and information (Pichler, 2004). Data-interoperability is 
	to a large extent provided by generic intermediate data-formats, which are 
	commonly used (such as DXF, TIFF, GML). Software interoperability is 
	provided by servers, that can communicate. At the moment the 
	openGIS©-consortium works hard to generate industry standards. Information 
	operability means that systems know that what is called a 'street' in one 
	information-system, is the same object that is called 'highway' in another 
	system. Without national agreements on how to deal with this issue, 
	data-sharing and integration of data will be difficult. From a political 
	point of view it means that if data-suppliers in a country do not succeed in 
	solving the problem by themselves (‘self-regulation’) , they should be 
	forced by political decisions. It might be observed that a major activity of 
	all national councils for geo-information in Europe concerns the development 
	of such standards.  The second need looks after governmental data-sets that are of vital 
	importance for many users. If these fundamental data-sets are not available, 
	it appears difficult to reap the financial and intangible benefits of 
	data-sharing. (Groot, 2000) speaks in this respect of ‘framework-data’, such 
	as  
      geodetic control network (‘national triangulation’)digital terrain models (‘height’)topographical mapsgeographical namesadministrative boundarieshydrographycadastral dataland use/cover  The concept is such, that -based on these framework data-sets- users can 
	add their specific information regarding, for example, forestry, property 
	management, environmental preservation and industrial development.  In order to cope with the demand for framework data-sets, governments in 
	Europe develop the so called authentic registers or base-registers. Base 
	registers, such as census data, cadastres, legal entities, vehicles, 
	addresses, topographical databases, are guaranteed by the government 
	regarding the availability, access, continuity, up-to-date-ness, quality, 
	and price. In the Netherlands the Ministries of Home Affairs, Economic 
	Affairs, Agriculture & Nature, Housing & Spatial Planning & Environment, 
	Transport &Water, Social Affairs together with the Association of 
	Municipalities embarked on a common programme to develop –so called- 
	authentic base-registers (Schravendeel, 2002). In Finland, following the 
	Policy Decision of the Council of State of 5 February 1998, ‘base-registers’ 
	are under development regarding persons, enterprises, corporations, 
	buildings, and real estate (Kokkonen, 2004). In Lithuania similar 
	developments take place, even further because these registers are brought 
	under the authority of one single government agency, the State Enterprise of 
	Registers (Sabaliauskas, 2004). The same happened in Scotland in the 
	‘Registers of Scotland’ (Blaikie, 2003). In Germany a large pilot project 
	called GEOBASIS.NRW was started in 1999 under the aegis of the Ministry of 
	Interior (Brüggemann, 2004). In the UK several governmental data-suppliers 
	work together in data-sharing and shared service provision in the pilot 
	project National Land Information System NLIS in Bristol in which Her 
	Majesty’s Land Registry HMLR and the Ordnance Survey take a prominent role 
	(Smith, 1998). Also in other parts of the world these developments might be 
	observed (Groot, 1999) (FIG Innsbruck, 2004)  6. FUNCTION OF LAND ADMINISTRATION IN SOCIETY The definition of ‘land administration’ as ‘the process of determining, 
	recording and disseminating information about ownership, value and use of 
	land, when implementing land management policies’ has proven to be a guiding 
	principle in policy documents, research programmes, and education and 
	training (UN/ECE, 1996). Although other definitions are used (e.g. Dale & 
	McLaughlin, 1999), and also the definition is challenged (e.g. Fourie, Groot 
	& van der Molen, 2002), the definition still stands firmly especially when 
	the concepts of ‘ownership’, ‘value’, and ‘use’ are interpreted in a broad 
	sense. The concept of ‘ownership’ should -in my view- be understood as a 
	relationship between people concerning land within any jurisdiction, thus 
	the mode in which rights to land are held, and therefore based on statutory 
	law, common law, and customary traditions.  ‘Value’ should be understood as all the values that could be 
	assigned to land, depending on the purpose of the value, the use of the 
	land, and the method of valuation.  ‘Land use’ should be understood as both the use to which the land 
	can be put, depending on the purpose and nature of the land, classification, 
	methodology, and land cover according to defined classification systems 
	(e.g. FAO Land Classification System, 2000).  The concept of ‘land’ should be understood as the surface of the 
	earth, the materials beneath the surface, the air above the surface, and 
	everything attached to the surface – i.e. it should be perceived as more 
	than just the ‘land’ as such.  The definition reveals that land administration is a process, which 
	brings application of process-modelling and related topics (e.g. workflow 
	management, process re-design, and system-support), within the scope of land 
	administration.  Finally, the definition makes very clear that the land administration 
	activity is not an end in itself, but that it facilitates the implementation 
	of land management policies. So, the way land administration should work 
	depends on the requirements defined by the various instruments, which are at 
	the disposal of governments in order to allow appropriate implementation of 
	its land policy.  Unlike many other geographic information systems, which provide 
	information about geographical objects and their attributes, land 
	administration systems reflect in principle the social relationship 
	recognised by a community or a state between people concerning land. 
	Therefore such a system is in no way just a ‘GIS’. Data recorded in a land 
	administration system have a social and legal meaning, and are based on 
	accepted social concepts. That concerns both owners, rights and land 
	objects. It is not relevant whether these concepts are laid down in the law 
	or in unwritten customs. In both cases the way the individual people 
	understandrights to land, the right-holders and the land itself determine 
	the content and meaning of the land administration system. These rules, 
	constituting the basic principles for the system and justifying its 
	existence, form the institutional context for land administration. Without 
	rules land administration is not possible, as it will be without a societal 
	and legal meaning. By consequence it will be a meaningless activity, not 
	worth to put any effort in. Institutional aspects are therefore of paramount importance. The legal 
	framework for land issues, and the mandates and tasks entrusted to public 
	administration to allow the performance of the land administration function, 
	determine how the system should function. Other institutional measures also 
	do, although they might be more specific and down to earth, like a 
	requirement to the financial conditions that the government wants to apply 
	on the land administration activity: for example that the work should be 
	executed under a cost recovery regime. Rules for investments in the system, 
	the way it should operate, the way the government wants to keep control, all 
	of these can form operational constraints.  Land administration serves various functions in a society. Documents like 
	Agenda21, Habitat etc. relate the land issue very much to poverty reduction, 
	sustainable housing, sustainable agriculture and the strengthening of the 
	role of vulnerable groups in society, like women, farmers, indigenous 
	groups. A land administration system is –as said earlier- not a purpose in 
	itself. They are part of such a broader land policy. Land policy reflects the way governments want to deal with the land issue 
	in sustainable development, or as the Guidelines say ‘land policy consist of 
	the whole complex of socio-economic and legal prescriptions that dictate how 
	the land and the benefits from the land are to be allocated’. That of course 
	depends on the culture, history and attitude of a people. It is worthwhile 
	to draw up a picture of the support land administration systems give to the 
	implementation of (the most important) land policy instruments, as there are 
	-at least- (GTZ, 1998): 
      improvement of land tenure securityregulation of the land marketsimplementation of urban and rural land use planning, development 
	  and maintenanceprovision of a base for land taxation  Concerning the improvement of land tenure security, the legal 
	framework of land administration systems (related to the registration or 
	recording of rights and interest in land) is determining the nature of the 
	security provided. Within the context of the definition of these rights ‘in 
	rem’ (as an institutional prerequisite), deed-systems provide a different 
	(in casu: less) security compared with title systems. The combination of a 
	strong notary-system (e.g. Latin Notary) and a deed registration 
	might however provide as much security as the combination of non-authentic 
	(underhand) documents with a title registration (strong role of the 
	registrar).  Concerning the regulations for the land market, land administration 
	systems provide transfer procedures of a different nature. On one hand there 
	are plain procedures of submission of a transfer document and a recording 
	after a minimum of formalities (e.g. simple deed registration). On 
	the other hand there are more complex procedures regarding investigations 
	prior to the approval of the legal impact of the transfer (e.g. issuing 
	of a title certificate). Some countries require approval by a chief 
	surveyor, a chief planner or another authority. Advantage is that e.g. a 
	building permit is granted together with the title, while in the first case 
	the procedure for planning- and building permits starts just after the 
	transfer. The process-time necessary for the transfer procedure (for example 
	from the obligatory agreement to the official recording or registration, 
	that is often used as a benchmark) therefore might result in a different ‘value’ 
	for the applicant.  Concerning urban and rural land use planning, development and control, 
	the support of land administration systems lies foremost in the phase of 
	development and control of a given land use. This activity is to be seen as 
	an intervention by the government in private rights to dispose. Without 
	knowledge about who owns what and where (also in customary areas) 
	land management will be hardly possible for the government. From the 
	landowner’s point of view, intervention by the government specifically 
	limits his private right to dispose on the actual parcel, being the legal 
	object of his private rights. The intervention takes an ultimate form in the 
	execution of pre-emptive rights and expropriation. Regarding protection of 
	third parties in good faith, pre-emptive rights and expropriation decisions 
	should therefore be recorded in the land administration system.  Concerning the support of land taxation, the fact is that land tax 
	is an outstanding example of local tax. Without knowledge about taxable 
	persons, taxable objects and land values (all data to be provided by the 
	land administration system), the generated revenue can not be high. Land 
	taxation in many countries is based on land administration systems.  The management of environmental resources is of increasing 
	importance. The measures a government can take, are in many cases executed 
	by imposing restrictions on the use of land. A good example is soil 
	sanitation, where governments can impose on owners of land a compulsory soil 
	cleaning, and can give such measures the status of real right, which means 
	that these orders have legal power against third parties (e.g. new owners). 
	Therefore these public encumbrances are eligible for registration.  Focusing on land taxation, a study on European Land Tax Systems in 23 
	countries (Brown & Hepworth, 2000) revealed that they all levy some sort of 
	land tax. In the majority of cases the countries have a cadastral system for 
	the recording of property related information. As said earlier, the nature 
	and implementation of such systems varies considerably from being a series 
	of different registers often administrated at various levels of government 
	on one hand to a single register administered at national level on the other 
	hand. Even in those countries such as Macedonia and Moldavia, which have 
	adopted a self assessment system, central information systems are used to 
	ensure that the information given by the taxpayer is appropriate.  7. PROBLEMS AND BARRIERS OF THE SITUATION IN EUROPE Obstacles and barriers in the development of good land administration 
	within an information infrastructure might have different aspects as shown 
	earlier.  Regarding the legal frameworks of the European countries, rather 
	large changes are necessary to include digital lodgement of legal documents 
	and electronic signatures. Normally land laws are focused on analogue 
	working processes which exclude legal validity for other forms e.g. digital 
	ones. In Finland, a new Act on Electronic Service in the Administration was 
	endorsed in 2000 (Kokkonen, 2004). In Poland, a new set of laws is in place 
	that constitute a solid body for e-governance and e-commerce (Sambura, 
	2004). In England and Wales, a new Land Registration Act passed the 
	Parliament , introducing specific powers to facilitate the introduction of a 
	system of e-conveyancing (Beardsall, 2004). In the Netherlands, an 
	adaptation of the Cadastre Act is still pending (Louwman, 2004).  Another legal issue concerns copyright and pricing of electronic data. 
	Whilst these aspects are often rather clear in an analogue situation, 
	digital data flowing around on the internet appears to be unprotected and 
	available for free. Not many countries have effectively solved these 
	problems yet. The same applies to the enforcement of standards that 
	establish interoperability.  Regarding institutional arrangements the role of the courts in the 
	land registration process is under review in the Scandinavian countries. For 
	example Norway and Finland recognise the difficulty of creating efficient 
	land administration in an infrastructure environment, when local courts are 
	to take part in it. Trend is -in any case- to concentrate the land 
	registration work in 5 may be 6 larger courts, and even to transfer the task 
	as a whole to the Cadastre (Statens Kartverk Norway, National Land Survey 
	Finland).  Regarding operational issues the fact that in many European land 
	administration organisations the information systems have been in place now 
	for 10-20 years and are to be qualified as good-working but old fashioned, 
	while the maintenance is getting more and more complex, and the costs are 
	getting more and more expensive, places a heavy burden on IT-capacity and 
	budget. These organisations now are increasingly faced with rapid 
	developments in the technology, a technology push: internet, geodatabases, 
	modelling standards, open systems, GIS as well as a growing demand for new 
	services, a market pull: enhanced user requirements, e-governance, 
	sustainable development, electronic conveyance, integration of public data 
	and systems. The strategy to renew those information systems while the ‘shop 
	stays open’ varies from country to country, however there are two main 
	options: a big bang approach, where systems are replaced at a certain fixed 
	date, and the more evolutionary approach, where step by step system 
	re-engineering is carried out (FIG Commission 7, 2003). Apart from that, the 
	impact of these developments on organisational structures and skills of 
	staff are not always well understood (van der Molen, 2004).  At the information level the main reasons for lack of data 
	availability are that data is too expensive, data is not usable, lack of 
	market transparency, too high expectations of hard- and software, too 
	limited user rights, too high expectations of personnel, and too complicated 
	ordering, delivering, and paying. This leads in NordRhein Westfalia 
	(Germany) to the estimation of a information market worth 8020 million euro, 
	from which only 15% is actually exploited (Brüggemann, 2004).  8. ISSUES FOR CONSIDERATION There are actually three issues at least, that deserve political 
	attention.  Firstly this pertains to the political decision to embark on a 
	coordinated information management within the government, in order to reap 
	the economic benefits of data sharing and data integration. A system of well 
	coordinated base registers is beneficial for the government, but might also 
	lead to added value activities by the information industry that contributes 
	to economic growth.  Secondly this concerns the development of laws that facilitate the 
	use of electronic signatures and recognise the legal authenticity of 
	electronic documents.  Thirdly the implementation of all this depends on how active the 
	leadership of involved organisations is in pursuing change-management, in 
	order to cope with the necessary changes. Politically responsible ministers 
	should make this necessary change high on the agenda.  REFERENCES Beardsall, E., 2004, e-Conveyancing- a challenge and a prize!, 
	Proceedings FIG Innsbruck, 2004 Blaikie, D., 2003, IT strategy and vision in Registers of Scotland, 
	Delivering the Enabling Technology, Proceedings FIG Symposium on IT renewal 
	strategies, FIG Copenhagen 2003 Brown, P.K., & Hepworth, M.A., 2000, A Study of European Land Tax 
	Systems, Lincoln Institute USA. 2000 Brüggemann, H., 2003, Geobasis.NRW and GDI - NRW Interoperable 
	e-government and e-business solutions with basis geo-data, Proceedings FIG 
	Symposium on IT renewal strategies, FIG Copenhagen 2003 Brüggemann, H., 2004, The German GDI- a public-private cooperation 
	project, Proceedings FIG Innsbruck, 2004 Dale, P., & McLaughlin, J.D., 1999, Land Administration, Oxford 
	University Press, 1999  Deiniger, K., 2003, Land Policies for Growth and Poverty Reduction, a 
	Worldbank Research Report, Oxford Press, 2003  FIG, 2004, Proceedings Symposium e-land administration, Innsbruck, 2004 Fourie, C., van der Molen, P., & Groot. R., 2002, Land Management, Land 
	Administration, and Geo Spatial Data: Exploring the conceptual links in the 
	developing world, Geomatica Vol. 56 No. 4, 2002 Groot, R., & McLaughlin J.D. , 2000, Geo Spatial Data Infrastructures, 
	Oxford University Press 2000  GTZ, 1998, Land Tenure in Development Cooperation, Wiesbaden, 1998 Kokkonen, A., 2004, Base Registers as a part of e-Government in Finland, 
	Proceedings FIG Innsbruck, 2004 Inspire website www.ec-gis.org  Louwman, W., 2004, Legal consequences of the electronic transfer of 
	immovable property in the Netherlands, Proceedings FIG Innsbruck, 2004 North, D.C., 1990, Institutions, Institutional Change and Economic 
	Performace, Cambridge University Press 1990 Pichler, G., 2004, Standards based Open Web for e-government, FIG 
	Innsbruck 2004 Sabaliauskas, K., 2004, Land Administration – A model by Lithuania, 
	Proceedings FIG Innsbruck, 2004 Sambura,A., e-Land Administration in Accession Countries – Experiences in 
	Poland, Proceedings FIG Innsbruck, 2004 Schravendeel, S., 2002, Iedere reis begint met een eerste stap, 
	stroomlijning basisgegevens (Streamlining base data), Smeink Amsterdam, 2002 Smith. R.J., & Puddicombe, A.G., Moving from concept to reality: national 
	land information system, FIG Brighton 1998 UN/ECE, 1996, Land Administration Guidelines, UN publication New York 
	Geneva, 1996 UN/ECE, 2000, Study on the key aspects of Land Registration and Cadastre 
	Legislation, London, 2000 UN/ECE, 2001, Inventory Land Administration Systems, London, 2001  Van der Molen, P., 1998, Land Administration Systems in a Developing 
	Environment of the Public Sector, 1st Cadastral Congress Warsaw Poland, 1998 Van der Molen, P., 2001, Cost recovery for land administration, Survey 
	Review Vol. 36 No. 282, 2001  Van der Molen, P., 2003a, Six Proven model for change, FIG Paris 2003 Van der Molen, P., 2003b, Macroeconomic aspects of land ownership, FIG 
	Marrakech 2003 Van der Molen, P., 2004, The Problem Facing the Director General, GIM 
	International Vol. 18 No. 7 July 2004  NOTEThis paper is based on material presented during a conference in 
	Aguascalientes Mexico November 2004.  BIOGRAPHICAL NOTES Dorine Burmanje (49) is chair of the Executive Board of the 
	Netherlands Cadastre, Land Registry and Mapping Agency since May 2004. Prior 
	to this, she was a director of the Waterboard Rijn and IJssel (since 1999), 
	manager Association of Utility Companies (since 1995), free lance 
	change-manager (since 1991), director of a foundation educational 
	counselling (since 1986) and vice-director of a large school for 
	intermediate vocational education (since 1978). She has a university degree 
	in remedial education.  CONTACTS Dorine Burmanje, chair Executive BoardCadastre, Land Registry and Mapping Agency
 P.O. Box 9046
 7300 GH Apeldoorn
 THE NETHERLANDS
 Tel. + 31.55.528.5231
 Fax + 31.55.355.5456
 Email: femke.post@kadaster.nl
 Web site: www.kadaster.nl
 
     |