Field Associations: An alternative approach to the Consolidation Issue

1. Field Associations: An alternative approach to the Consolidation Issue

2. Field An area best suited for one type of production, preferably, by one producer. (optimal) Production Pattern = Field

3. Ownership Pattern • Consolidation Issue • Production Pattern ≠ Ownership Pattern: • Potential for non-optimal multiple use • High transactions costs • Potential strategic behaviors by landowners • Asymmetric bargaining power of lessors and lessees • Small landholdings = problem

4. Approach in the Draft Law Encourage equating of Production & Ownership Patterns Article 25. Initiation of the Development of the Agricultural Land Consolidation Design 1. The consolidation of the agricultural land may be carried out on the basis of a land management design for the agricultural land consolidation (hereinafter referred to as the ("land consolidation design"), if the land mass is characterized by the strip holding that results in the ungrounded use of land plots located therein. 2. The development of the land consolidation design may be initiated by the parties that in aggregate own land plots accounting for at least 75% of the land mass. & Preemptive Purchase Rights for Lessees and Neighboring Landowners

5. Problems with Production Pattern = Ownership Pattern • Ownership caps ----- Many producers could not legally own all the land they cultivate. --------- Cannot legally • Limits on banks, prohibitions against legal entities (except farm homesteads), banning of foreigners ---- limited capital to buy land. -------- Cannot financially • Advantages of partial reliance on leasing ---- conserve capital, flexibility. -------- Would not want to, anyway.

6. Field Associations: Separating Ownership and Function • Mandatory owner associations Much like: Apartment associations • Voting based on ownership. Lessees do not vote. • Field Associations functions • Negotiate leases Seek to maximize total lease payments ≡ maximizing economic value of the field • Track payments • Arbitrate disputes • Consider requests for split usage

7. Field Associations • Reduced transactions costs negotiating leases • Farmers • Elderly and/or infirmed lessors • Lessors residing remote from the land • Improved market power for lessors • Effective separation of ownership and functionality • The Association makes the many landowners act as one landowner.

8. Small landholdings ≠ problem. Small landholdings can be manageable building blocks for farms and portfolios. Farmers acquiring land at a pace consistent with financial ability and operational needs Ukrainian citizens holding and investing in land for lease payments and long-term price appreciation.

9. Thank you