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March 10, 2020

Catch up on land reform

Glancing back over the brief history of the Scottish Parliament, a consistent thread running through its legislative programme has been that of land reform. The 2003 Act was widely recognised as the Parliament’s first landmark piece of legislation and subsequent to that, two further pieces of legislation have moved the debate steadily forward and probably even whetted our appetite for more. Timely then for the publication of a very readable review of where we’ve got to with land reform and some thoughts on where we might be heading next. Affordable too (paperback version).

Malcolm M. Combe, Jayne Glass and Annie Tindley

A stimulating review of contemporary land reform in Scotland

Offers a holistic approach to land reform in Scotland

Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models

Examines the significance of right to property on the land reform process, and looks at how it is now being used as an impetus for economic and social rights reform

Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, there is a need for a comprehensive and comprehensible analysis of the history, developing framework and impact of Scottish land reform. Scholarly yet jargon-free, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland’s land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform.

Introduction Malcolm M. Combe, Jayne Glass and Annie Tindley

Part I: History

Chapter 1: Land, labour and capital: external influences and internal responses in early modern Scotland. Allan Macinnes

Chapter 2: Agricultural enlightenment, landownership and Scotland’s culture of improvement, 1700-1820. Brian Bonnyman

Chapter 3: The impact of agrarian radicalism on land reform in Scotland and Ireland, 1879-1903. Brian Casey

Chapter 4: ‘The usual agencies of civilisation:’ conceptions of landownership and reform in the comparative context in the long nineteenth century. Annie Tindley

Chapter 5: Still on the agenda? The strange survival of the Scottish land question, 1880 to 1999. Ewen A. Cameron


Part II: Law

Chapter 6: History, law and land through the lens of sasine. Andrew R. C. Simpson

Chapter 7: Legislating for community land rights. Malcom M. Combe

Chapter 8: Towards sustainable community ownership: a comparative assessment of Scotland’s new compulsory community right to buy. John A. Lovett

Chapter 9: Property rights and human rights in Scottish land reform. Frankie McCarthy

Chapter 10: The evolution of sustainable development in Scotland – a case study of community right to buy regimes, 2003 to 2018. Andrea Ross

Chapter 11: Scottish residential tenancies. Douglas Bain

Chapter 12: Crofting law. Eilidh I. M. MacLellan

Chapter 13: Agricultural tenancy legislation and public policy considerations in Scotland. Hamish Lean


Part III: Policy

Chapter 14: Planning and rights: are there lessons for town planning we can borrow from land reform? Robert G. Reid

Chapter 15: Crofting policy and legislation: an undemocratic and illegitimate structure of domination? Iain MacKinnon

Chapter 16: Does size really matter? Sustainable development outcomes from different scales of land ownership. Jayne Glass, Steven Thomson and Rob Mc Morran

Chapter 17: Agricultural models in Scotland and Norway – a comparison. Annie McKee, Heidi Vinge, Hilde Bjørkhaug and Reidar Almås