Sticks, Carrots, and Sermons for Implementing NBS on Private Property Land

Abstract

Floods are natural phenomena that cannot be avoided. Lately, next to the traditional grey infrastructure, countries have started implementing nature-based solutions (NBS) for flood management. NBS need more land than traditional measures, and this land often belongs to private persons. This chapter aims to analyze what are the possibilities to implement NBS on private land. Usually, the governments can achieve their goals using policy instruments that are called “stick,” “carrots,” and “sermons.” In terms of NBS “sticks” are expropriation and land-use restrictions, “carrots” – financial incentives, including payments for ecosystem services, and “sermons” – informational measures. Implementation of “sticks” from the legal perspective is the most complicated because it interferes with property rights protected internationally as human rights. The latter is not absolute, and the state can expropriate or restrict land-use provided the aim of this interference is justified, lawful, and proportionate. “Carrots” can be effective; however, they require long-term investments from the state. Whereas “sermons” are rather supplementary instruments supporting the implementation of “sticks” and “carrots.”.