CONFLICTS OF URBAN HERITAGE LAND TENURE: EVOLVING A TEMPLATE FOR APPROPRIATE EMINENT DOMAIN LAW IN KADUNA-NIGERIA

Abstract

The impetus for this paper was the prevailing urban heritage land conflict within Kaduna metropolis due to government arbitrary application of Power of Eminent Domain on allocated infill lands of some intuitions for the said public interest. The paper purpose was set to review the concept of Eminent Domain law in Nigerian urban built environment, understand the varied interest of stakeholders’ diverse influences in land use activities and proposed a template for appropriate legislation and application of Eminent Domain law by government and its agencies in Kaduna metropolis and the nation at large. Methodology adapted for the study was hinged on pragmatic philosophy. Deductive approach with qualitative method using case study, archival and interview survey strategies. The selected institutions cut across tertiary, secondary and primary level with key stakeholders were interviewed. Study data was based on content theoretical analysis for proposition on land use eminent domain law. The study findings showed that government and its agencies seem to have abandoned their principal responsibility of impartial trustee and infrastructures provision in urban development. Furthermore, policy decisions are changed whimsically on the status of most urban land tenure depending on those in power at any particular time, thereby dampening land transactions, development schemes, thus leading to litigations. The study also establishes that while neighbourhoods’ interest and participatory rights remain neglected; indigenous communities often proceed with the land transaction on the presumptuous right of ownership within urban areas, thereby further compounding the conflicting interests. Ultimately, the paper proposed a template for appropriate eminent domain law legislation process and applicability within Kaduna metropolis as well as the country at large. The designed template will serve in enhancing eminent domain law theoretical development and ensure friendly on-site practical application that is based on proactive government policy.