LANDEV - Land property and EnVironmental contracts in agriculture

The objective of our exploratory project is to study how land ownership influences contractual practices within the framework of these contracts and to propose a reflexive analysis of clauses and specifications with an environmental focus when they impact the rights of the owner, as the main manager (owner-operator or non-agricultural owner of natural areas that are not used for agriculture) or as the lessor of an operator. The project is based on the observation that contractual practices affecting landowners, both public and especially private, are still insufficiently documented.

Approaches

Among the various contractual objects identified as areas of investigation when the research project was designed, the LANDEV project team focused on an exploratory study of practices relating to real environmental obligations, due to the sharp acceleration of these local initiatives over the last three years. The research focused on identifying and analysing case studies relating to real environmental obligations, in partnership with organisations particularly involved in the governance of these contractual initiatives, in particular the French Office for Biodiversity and the Federation of Nature Conservatories. One of our objectives was to analyse the construction of specifications and the variability of contractual obligations identified through case studies, focusing on the assumptions that guide their adoption, the known inflections in the negotiation process and their expected impact on natural environments and the multifunctionality of landscapes. We also aimed to assess how the stakeholders involved perceived the tool, with a view to explaining the degree to which it has been adopted and mobilised by them.

From a social science perspective, we focused on the profile of the landowners involved, the multi-stakeholder governance of contractual arrangements, and the geographical characteristics of the areas concerned. From an ecological science perspective, we examined the nature of the contractual commitments, taking into account the types of natural environments concerned and the conservation or restoration actions envisaged.

Results

The OREs studied contribute to broadening and diversifying the actors involved in compensation. In some cases, they enable the mobilization of private landowners, notaries, and nature associations.

The tool has certain limitations, as highlighted by the surveys. From a legal and organizational standpoint, the ORE relies on the ability of stakeholders to make a long-term collective commitment and to manage potential difficulties, such as tensions between parties, the disappearance of stakeholders, the effects of climate change, and other uncertainties. For the time being, the ORE does not fundamentally change the nature of the measures put in place, despite the flexibility it introduces, and its integration into territorial strategies remains limited. Although they can take certain urban planning documents into account, they are still rarely linked to the green and blue belt or regional biodiversity policies, which reduces their integration into an overall vision.

Despite these limitations, these contracts encourage cooperation and sometimes promote the emergence of new skills. Private landowners can become biodiversity managers, associations can position themselves as guarantors of obligations, and notaries can play a role in securing commitments. This diversification of responsibilities is a first step toward renewing governance practices.

Participants

Structures INRAE

• UMR SADAPT - Sciences pour l'action et le développement : activités, produits, territoires
• UMR BAGAP - Biodiversité, agroécologie et aménagement du paysage
• UMR Innovation 
• UMR Agroécologie
• UMR SMART - Structures et marchés agricoles, ressources et territoires

Partenaire externe

• Fédération des conservatoires d'espaces naturels