Public access, private land and spatial politics: The geographical Importance of the Right of Way in Coventry, England

2021 ◽  
Author(s):  
Joe Thorogood ◽  
Alex Hastie ◽  
Charley Hill‐Butler
Keyword(s):  
Public Access ◽  
Private Land ◽  
Spatial Politics ◽  
Right Of Way ◽  
The Right

scholarly journals Public access to private land in Scotland

2017 ◽  
Vol 15 (2) ◽  
pp. 118
Author(s):  
David Carey Miller
Keyword(s):  
Land Reform ◽  
Public Access ◽  
European Convention ◽  
Private Land ◽  
Essential Point ◽  
Land Access ◽  
Radical Reform ◽  
Reform Legislation ◽  
Starting Point ◽  
The Right

This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scottish Parliament revived in 1999. The right is to recreational access for a limited period and the right to cross land. Access can be taken only on foot or by horse or bicycle. As a starting point clarification of the misunderstood pre-reform position is attempted. The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does) but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right. A critical aspect of the new right is that it is one of responsible access; provided a landowner co-operates with the spirit and system of the Act access can be denied on the basis that it is not being exercised responsibly. But the onus is on the landowner to show that the exercise of the right is not responsible. Although the right applies to all land a general exception protects the privacy of a domestic dwelling. Early case law suggests that the scope of this limit depends upon particular circumstances although reasonable 'garden ground' is likely to be protected. There are various particular limits such as school land. Compliance with the protection of property under the European Convention on Human Rights is discussed. The article emphasises the latitude, open to nations, for limitations to the right of ownership in land in the public interest. The extent of the Scottish access inroad illustrates this. This leads to the conclusion that 'land governance' – the subject of the Potchefstroom Conference at which the paper was initially presented – largely remains a matter for domestic law; the lex situs concept is alive and well.

ANALYSIS OF REGULATIONS REGARDING THE SETTLEMENT OF ISSUES ON THE REMOVAL AND RECOVERY OF PLANTATIONS IN THE RIGHT-OF-WAY OF PUBLIC ROADS

2020 ◽  
pp. 55-60
Author(s):  
Nataliia Kharytonova ◽  
Olha Mykolaienko ◽  
Tetyana Lozova
Keyword(s):  
Traffic Safety ◽  
Climatic Factors ◽  
Visual Orientation ◽  
Right Of Way ◽  
Adverse Weather ◽  
Overhead Power Lines ◽  
The Right ◽  
Neck Diameter ◽  
Proper Operation

Greening of roads contributes to the protection of roads and their elements from influence of adverse weather and climatic factors; it includes the measures for improvement and landscaping of roads, ensures the protection of roadside areas from transport pollution, provides visual orientation of drivers. The solution of these issues will ensure creation and maintenance of safe and comfortable conditions for travelers. Green plantings in the right-of-way road area include woody, bushy, flower and grass vegetation of natural and artificial origin. For proper operation of public roads and satisfaction of other needs of the industry, there may be the need in removing the greenery. The reason for the removal of greenery in the right-of-way road area may be due to the following factors: construction of the architectural object, widening of the motor road, repair works in the security zone of overhead power lines, water supply, drainage, heating, telecommunications facilities, cutting of hazardous, dry and fautal trees, as well as self-grown and brushwood trees with a root neck diameter not exceeding 5 cm, elimination of the consequences of natural disasters and emergencies. The removal of plantations in the right-of-way area is executed in order to ensure traffic safety conditions and to improve the quality of plantations composition and their protective properties. Nowadays, in Ukraine there is no clear procedure for issuing permits for removing of such plantations. In order to resolve this issue, there is a need in determining the list of regulations in the area of forest resources of Ukraine and, if needed, the list of regulatory acts that have to be improved; to prepare a draft of the regulatory legal act that would establish the procedure of plantations cutting, the methodology of their condition determination, recovery costs determination, the features of cutting. Keywords: plantations, cutting, right-of-way, woodcutting permit, order.

Yielding the Right of Way: An Informal Look

1985 ◽  
Vol 61 (1) ◽  
pp. 222-222
Author(s):  
John Trinkaus
Keyword(s):  
Right Of Way ◽  
The Right

Evaluating and Improving Locomotive Crashworthiness Using LS-DYNA

2000 ◽  
Author(s):  
Stephen J. Kokkins ◽  
S. Kash Kasturi ◽  
Wayne Kong ◽  
S. K. John Punwani
Keyword(s):  
Finite Element ◽  
Structural Design ◽  
Structural Models ◽  
Structural Behavior ◽  
Right Of Way ◽  
Dynamic Finite Element ◽  
Rail Vehicles ◽  
Linear Material ◽  
The Right ◽  
Modeling Code

Abstract Representative structural models of locomotives, other rail vehicles, and other potential colliding objects were combined into moving consists which were then subjected to various collision scenarios. The LS-DYNA dynamic finite-element modeling code was utilized to realistically simulate collisions and guide understanding and improvements of the locomotive structures. This incorporated the effects of the collision interactions, plus critical non-linear material and structural behavior, buckling, fracture, kinematics, and wayside interactions of the vehicles. The types of collisions included: locomotive-headed consists striking standing consists obliquely fouling the Right Of Way, headed both by freight cars and other locomotives; locomotives striking loose, loaded intermodal containers dislodged from opposing cars on adjacent track. Work on multiple coupled locomotive overrides in direct consist collisions is now being conducted. The effects of varying parameters such as collision speeds, location and orientation of the colliding vehicles, and structural improvements were explored and quantified. Also, the effects of some structural design modifications such as stronger collision posts and cab structure were evaluated using this process. Verification studies to date have shown good correlation between the analytical simulations and observed outcome of actual historical accidents.

scholarly journals Possibilities of Spatial Data to Determine the Extent of the Occupancy of the Right-of-Way by Large-Format Advertisements

2017 ◽  
Vol 25 (2) ◽  
pp. 5-19
Author(s):  
Agnieszka Bieda ◽  
Anita Kwartnik-Pruc ◽  
Edyta Puniach
Keyword(s):  
Spatial Data ◽  
Objective Assessment ◽  
Common Element ◽  
Real Property ◽  
Large Format ◽  
The Road ◽  
Noticeable Increase ◽  
Right Of Way ◽  
The Right ◽  
Real Estate Management

Abstract Large-format advertisements are becoming a more and more common element of building facades, especially in city centers. Placing an object of this type is not without significance to the real property management. A large-format advertising billboard on the facade, on the one hand, is associated with the possibility of renting advertising space, on the other - it can lead to the occupancy of a right-of-way, which results in a necessity to pay appropriate fees, in the amount regulated by the Act on Public Roads. Placing an object such as a large-format advertising billboard in a right-of-way requires a permit of the manager of this road. However, if a billboard is located on the facade of a building, occupancy of the right-of-way is not always the case. If the boundary of the road parcel runs along the contour of the building, a billboard placed on the elevation will always occupy the right-of-way. However, property boundaries often run at a distance from the building. Such situations - desired by managers - result in a noticeable increase in demand for surveying opinions to determine what part of the right-of-way is occupied by a large-format advertisement. This article analyzes the cases of the right-of-way being occupied by large-format advertising placed on the facades of buildings in the city center. For selected objects, information was obtained from public records, National Cartographic Documentation Center database, and direct surveying was performed with various techniques. This allowed for an objective assessment of the possible use of available surveying methods and the acquired spatial data to determine the right-of-way occupied by large-format advertisements for purposes of real estate management.

scholarly journals THE DYNAMICS OF DISTRIBUTION AND FEATURE OF THE DEVELOPMENT OF AMERICAN WHITE BUTTERFLY (HYPHANTRIA СUNEA DRURY) ON THE VYNNYTSYA REGION

2019 ◽  
pp. 152-162
Author(s):  
Pavel Verheles ◽  
Natalya Pinchuk ◽  
Tatyana Kovalenko
Keyword(s):  
Population Density ◽  
Land Tenure ◽  
Forest Steppe ◽  
Private Land ◽  
Stages Of Development ◽  
Natural Base ◽  
General Aspects ◽  
The Right

The results of study of dynamics of quantity of the American white butterfly are reflected in the article, taking into account chronology of population density of districts of area. It is indicated on actuality of problematiki of adjusting of this dangerous quarantine wrecker, taking into account his harmfulness and wide specialization. The results of statistical account of quantity of wrecker are generalized as a quarantine object in the cut of districts of the Winnitca area. The division of character of settling of territory a wrecker is conducted in the variants of private land-tenure and different economies. On the basis of own researches the feed natural base of wrecker is appraised at the level of region and conclusions are done about the prospects of growth of his quantity in default of quarantine measures. The stages of development of wrecker are in detail analysed and confronted with the proper stages characteristic in general under conditions of the right-bank Forest-steppe of Ukraine. The conclusions about the general aspects of prevalence of wrecker and separate factors of optimization of defence of the fruit planting at the level of area awas done.

Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India

2011 ◽  
pp. 74-114
Author(s):  
Rakhi Rashmi
Keyword(s):  
Developing Countries ◽  
Optimal Policy ◽  
Patent Protection ◽  
Trips Agreement ◽  
Public Access ◽  
The Public ◽  
Transfer Of Technology ◽  
The People ◽  
The Right ◽  
Government Initiative

In theory, patents work by providing the inventor an incentive to invent in the first place and then to disclose. Disclosure to the public is rewarded by giving the inventor a monopoly. As product patent and higher patent protection has been advocated by Art 27.1 of the TRIPs agreement on the basis that for greater innovation through transfer of technology is a necessity in developing countries like India as it provides capital to fund expensive innovations, who are otherwise not be able to fund expensive innovations on its own. On the other hand, at the same time drugs are also related with the health of the people and to take care of the health of the people is the utmost priority of any Government and there are issues like accessibility with regard to strong patent protection to biopharma products and data exclusivity. Also as per Art 7 of the TRIPs transfer of technology has to occur to the developing countries in order to promote technological innovations, which is conducive to social and economic welfare. Therefore, striking the right balance between incentive and public access creates a tension is essential. This study suggests optimal policy (Patent and other regulations) to have a balance between biopharma drugs innovation and their access in India while complying with the provisions of the TRIPs agreement by broadly categorising variables such as (1) patent policy such as the scope of biotech patents and the extent of the right in terms of breadth and length; and (2) regulatory environment such as the taxation incentive, Investment policy, Government initiative for the development of this sector etc.

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