Compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant. This power is known by a variety of names depending on a country’s legal traditions, including eminent domain, expropriation, takings and compulsory purchase.
The challenges are: the methodology for valuation, the state’s capacity for valuation, the process for dispute resolution, and the funding of the process. The backlog created by lack of action in the past 17 years must be dealt with urgently.
The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted.
Article One:
This law has been enacted in accordance with paragraph (4) of article 40 of the Constitution of Afghanistan.
Objectives
Article Two:
The objectives of this law are as following:
The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted. This article aims to bridge this gap by serving as a reference point and informing “expro” debates among scholars, practitioners, and policymakers.
In Mozambique, changes in land access and use are shaping new landscapes, often at the expense of the poor. Despite progressive land legislation, elite groups and vested interests are consolidating land holdings while peasant producers are being dispossessed of their land and access to fertile plots is becoming increasingly difficult.
Written submissions on the Regulation of Agricultural Land Holdings Draft Bill made to the Minister of Rural Development and Land Reform
This Law, consisting of 69 articles divided into five Chapters, defines the regime applicable to the expropriation of immovable property and establishes rules and procedures for cases in which the State, with a view to the pursuit of a public purpose, is impelled, in the absence of other viable alternative solutions, to call upon itself the ownership of immovable property in the private domain. It specifies the cases in which expropriation is allowed, such as: when the property must pursue a purpose of public utility.
This dialogue provided a way for the land community to collaboratively explore challenges and opportunities related to the recognition of indigenous, ethnic minority and customary tenure rights in the Mekong region in order to:
This Order, which applies in England only, makes provisions in relation to permission in principle. Permission in principle and its effect are described in sections 58A, 59A and 70(2ZZA) to (2ZZC) of the Town and Country Planning Act 1990. The planning register kept by each local planning register authority must also include, as Part 2A, a part relating to permission in principle.
Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country
and infrastructural development is high on the agenda to achieve this. Competing land uses and existing
interests in land make the use of eminent domain by government in acquiring land inevitable. However
most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests
Land Registration and Administration in Kenya is currently operated on a multi-legal platform [UN 2013]. The Land Registration Act No. 3 of 2012 (LRA) was in that regard enacted to consolidate, harmonize and rationalize land registration goals; which are yet to be achieved. This is majorly because in as much as the 2012 statute repealed five out of the seven major land registration laws, they all remain in force under LRA’s transitional clauses. The Government of Kenya is making efforts to avail land registration information online via the e-citizen platform.