{"id":47113,"date":"2018-10-02T17:57:50","date_gmt":"2018-10-02T20:57:50","guid":{"rendered":"http:\/\/www.rioonwatch.org\/?p=47113"},"modified":"2018-10-05T18:53:18","modified_gmt":"2018-10-05T21:53:18","slug":"favela-community-land-trusts-part-4-land-acquisition-by-the-clt","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=47113","title":{"rendered":"Favela Community Land Trusts, Part 4: Land Acquisition by the CLT"},"content":{"rendered":"

Clique aqui para Portugu\u00eas<\/em><\/a><\/strong><\/p>\n

This is the final article in\u00a0a\u00a0four-part series<\/a>\u00a0on the potential to apply the\u00a0Community Land Trust\u00a0(CLT)<\/a>\u00a0model under existing Brazilian laws to secure land rights in Brazil\u2019s favelas. The series was written for a Brazilian audience and\u00a0summarizes and adapts a report by lawyer and urban planner Tarcyla Fidalgo<\/a>, prepared with the support of the Lincoln Institute of Land Policy (LILP). It clarifies several aspects of the proposal, showing the foundations of the CLT model; adapting the model to favelas; and explaining its benefits, applicability, and ways of functioning. In this fourth part, we show how land could be acquired to form a\u00a0Community Land Trust in Brazilian favelas<\/a> based on existing legal instruments.<\/em><\/p>\n

The publication of this series follows\u00a0five days of workshops<\/a>\u00a0(from August 23-27) with a\u00a0delegation from Puerto Rico,<\/a>\u00a0whose members successfully implemented a CLT in eight informal settlements along the Ca\u00f1o Mart\u00edn Pe\u00f1a in San Juan with excellent results. The workshops were carried out by Catalytic Communities* in partnership with the Rio de Janeiro State Public Defender\u2019s Office, Pastoral de Favelas, the Architecture and Urbanism Council of Rio de Janeiro (CAU\/RJ), and the\u00a0Laboratory for Studies of Transformations in Brazilian Urban Law\u00a0(LEDUB).<\/em><\/p>\n

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Land Acquisition<\/h3>\n

In Brazil, access to land is a significant challenge. In the case of favelas, this situation is even more complicated<\/a>\u00a0in the context of widespread land irregularity (in terms of titling and compliance with urban planning regulations), which makes the\u00a0land acquisition\u00a0process difficult. This is, therefore, one of the principal challenges to forming a Favela Community\u00a0Land Trust<\/a>. While the CLT is premised on collective land ownership and management, the surface rights and many buildings constructed on its land remain private. Therefore, it is not possible to speak of the full implementation of this model without land regularization.<\/p>\n

\"\"<\/a><\/h3>\n

Land Regularization<\/h4>\n

Land regularization<\/a> is a highly sought-after legal procedure by favela residents and institutions that provide legal support to this population.\u00a0Though it can be quite controversial<\/a>\u2014especially when applied by way of individual titling<\/a>, thus facilitating the direct entry of titled areas into the formal and highly speculative real estate market\u2014<\/span>land titling is a necessary step to implement a CLT, which\u00a0seeks to guarantee the rights and tenure security<\/a> of vulnerable residents.\u00a0<\/span><\/p>\n

In the case of creating a Favela Community Land Trust, land regularization is necessary to facilitate land acquisition by the legal person created to manage the CLT (see Part 3 of this series<\/a>), and in this way, guarantee\u00a0the permanence of residents on that land<\/a>, while conferring the ownership of buildings to residents. Creating a Favela CLT can take place in one of two ways:<\/p>\n