Compulsory Land Acquisition Research Articles

Private Speculations and the Public Interest: N.C. Kelkar's Land Acquisition Bill

In December 2007, in response to protests against the compulsory acquisition of land for special economic tones and other industrial projects, most notoriously at Nandigram and Singur, the UPA-I government proposed changes to the Land Acquisition Act, 1894 ('LAA 1894') of a scope and significance unprecedented in independent India. There exists, however, a comparable albeit forgotten precedent of reforming intent and ambition from the late (British) Ra. In 1927, the Maharashtrian nationalist N. C Kelkar (1872- 1947) proposed what was described as a 'revolutionary' private member1Billto amend the LIAA 1894, inspired in part by a satyagraha, a few years earlier, against land acquisition for a privately-constructed dam. The Bill met with serious opposition from officials and was ultimately withdrawn, a failure which this article attempts to explain in light of the history of land acquisition and the political economy of the inter-war years.

Risk assessment and compensation analysis of court decisions in compulsory land acquisition compensation cases in Australia

PurposeThis paper aims to assess all compulsory land acquisition court decisions in Australia over 1985‐2009 to provide a risk assessment and compensation analysis involved in proceeding to court for compulsory land acquisition cases.Design/methodology/approachUsing the AustLII legal database, every publicly available compulsory land acquisition court case decision in Australia over 1985‐2009 is assessed. These 58 court cases are assessed for claim, offer and judgment value.FindingsA total of 91.4 percent of compulsory land acquisition court cases over 1985‐2009 were found to be successful in achieving a judgment value of at least that of the offer. The median judgment value for successful cases was 60 percent higher than the offer value, while for unsuccessful cases it was 68 percent lower than the offer value. Successful smaller judgments (<$2 million) generated more upside compensation (median of 66 percent) than larger judgments (>$2 million) (median 41 percent upside compensation). Appealed cases were found to be only 28.6 percent successful, with only a maximum of 5.6 percent additional compensation achieved.Practical implicationsThis paper provides a rigorous empirical risk assessment and compensation analysis for compulsory land acquisition court cases in Australia over the last 25 years. This provides an effective tool for dispossessed property owners, statutory acquirers and their professional legal and valuation advisors for more informed compulsory land acquisition court case decision making.Originality/valueUsing all compulsory land acquisition court decisions in Australia over the last 25 years, this paper is the first attempt internationally to rigorously and empirically conduct a risk assessment and compensation analysis involved with proceeding to court for compulsory land acquisition cases. Given the significance of the compulsory land acquisition process, this empirically validated research enables a more informed and critical understanding of the risk factors and compensation outcomes attached to the compulsory land acquisition court case judgment process.

Towards Reform of the Land Acquisition Framework in India

We bring out the fundamental and more important problems with the current framework of land acquisition in India, regulations on land and the functioning of land markets. We argue that reform is overdue and the current framework would be unsustainable in a democracy that is India. Current land prices are highly distorted owing largely to regulatory constraints and the process of takings. Land acquisition more than any other factor is the most important constraint on development and especially in infrastructure development. We bring out the core elements of the reform – the need to define “public purpose” ex-ante for compulsory acquisition of land, the measures that would allow the market price of land to play its correct role, and the approach to valuation. We also argue for an independent valuer when compulsory taking is involved and methods of valuation to ensure that the land owner including the farmer gets the correct value for this land in both compulsory acquisition and in voluntary sale. We also argue the need for a parallel non-compulsory framework for acquisition and develop the key elements of the same. We also bring out alternatives to physical acquisition of land especially in the context of infrastructure development in central places.

Analysis of Public Lands Acqusition in Akwa Ibom State, Nigeria

The Landuse Act of 1978 provides for compulsory acquisition of land by the government for public interest. Although, the Act has facilitated massive land acquisition by the government since its pro...

Land acquisition for public use, emerging conflicts and their socio-political implications

This article expounds the problematique of land acquisition for public use in Tanzania. Three cases are examined to explore how social, institutional and economic processes, interests and the associated key players interact to generate conflicts and the abortive attempts made to resolve them.One of the most valuable lessons drawn is that the processes involved in land acquisition for public use, that is, alienation, valuation and compensation, unless supported by clear, institutionalised and inclusive protocols that are transparent and predicable, may result in unintended and undesirable negative consequences such as grievances, triggering conflicts between government and landowners. These could potentially escalate and assume political dimensions that further may undermine socio-economic sustainability of particularly the poor as well as constitute a threat to peace and stability.It is argued that policy and legislative reforms are necessary to review the current top-down approaches to compulsory land acquisition practices, institutionalise dialogue as a key strategy to acquire land as well as set reliable mechanisms for funding required to pay fair and prompt compensation. Most importantly, mandatory provision for land for resettling and restoring appropriated households to the same position and change of attitude among public officials including professionals are also other critical considerations. The latter is particularly so because ‘business as usual’ outlook practices tend to ignore the transformed urban property landscape especially with regard to private property rights and commodification of land.

Place Remaking under Property Rights Regimes: A Case Study of Niucheshui, Singapore

From the perspective of institutional analysis, this paper evaluates the place-remaking process of Niucheshui in Singapore. It is found that the redevelopment of Niucheshui since the 1960s has been substantively shaped by the property rights regime over land and buildings. As property rights are defined by the state in the forms of statutory land-use planning, compulsory land acquisition, rent control, land leasing, and conservation of historical buildings, the free market for land redevelopment is reined in heavily by the state. The built form of Niucheshui before 1960 was by and large the product of many private individuals' and communities' initiatives. Those players have faded from the scene since the 1960s, and the redevelopment of Niucheshui is the result of interactions between the state and market forces, though public participation is practised in the land-use planning process. In view of the urban land market behaving and performing within a framework defined by institutions, and property rights being one of the most important institutions, we argue that, not warranted by rhetoric public participation, pluralism and diversity in the built environment are protected by a diverse structure of land property rights which should be incorporated into the place-remaking process.

Compulsory acquisition of oil exploration fields in Delta State, Nigeria

PurposeThe purpose of this paper is to focus on the problems of compensation for compulsory acquisition of oil exploration fields in Delta State with particular reference to the oil field acquired by Agip Oil Company for gas pipeline way leave in Irri and Okpai towns of Delta State.Design/methodology/approachA survey was conducted in which questionnaires were administered on some residents whose lands were acquired compulsorily on one hand and some estate surveying and valuation firms who are professionals in the fields of compensation on the other hand. The data collected were analyzed and presented using simple statistical methods.FindingsThe findings in this paper show that the compensation paid to residents whose lands were acquired is grossly inadequate, since professionals are not always involved in the process.Practical implicationsThe paper shows that the issue of compensation for compulsory acquisition for oil exploration is very central in the oil‐rich Niger‐Delta, and if this is not handled carefully, it can lead to uncontrollable crisis.Originality/valueThis paper empirically examined the process involved in compulsory acquisition and compensation of land in the Niger‐Delta for oil exploration with a view to determining the adequacy or otherwise of the compensation paid.

Recent Reform of China’s Rural Land Compensation Standards

Since China adopted an open door policy in 1978, there has been rapid development in the economy and great improvement to the livelihood of the people. The rapid development also expedites urbanisation in the country. These forces have created great demand for land to support various developments. Compulsory acquisition of rural land has become a convenient means to increase land supply.Compulsory acquisition of rural land is governed by the People’s Republic of China Law of Land Administration 1998. This law also provides for the payment of compensation to dispossessed farmers. Land acquisition in recent years has encountered increasing resistance from farmers because of improper acquisition procedures and unfair compensation. In some cases, the resistance turns into violence and loss of human life.In response to the serious problems, the Chinese government has since 2004 taken major steps, including amendment of the Constitution, to reform the land acquisition procedures and compensation standards. This paper aims to examine the latest development in the reform of compensation standards for acquisition of rural land in China. Recommendations for improvement are provided.

Compulsory land acquisition in Ghana—policy and praxis

Compulsory land acquisition powers have been used extensively in Ghana since colonial times, as the main means of the state's access to land for development. The underlying principle is supremacy of the state over people and their private property, and is aimed at providing land for public and social amenities, correcting economic and social inefficiencies in private market operations and providing greater equity and social justice in the distribution of land. The paper analyses compulsory acquisition practice in Ghana in the light of these principles. It argues that few of the presumed principles have been met. Rather compulsory land acquisition has resulted in adverse socio-economic consequences including in landlessness, poverty and heightened tension in state-community relationship. The paper advocates for a new legal and institutional environment for employing compulsory acquisition powers.

The Political Economy of Land Acquisition and Redistribution in Zimbabwe, 1990-1999

This article analyses the socio-economic and political implications of land acquisition in Zimbabwe in the 1990s generally, and particularly in 1997 when the government identified 1,471 farms for potential acquisition and redistribution to black smallholder farmers. The efforts to acquire land for redistribution occurred in the context of growing research interest in comparing land reform across southern Africa, despite the different historical experiences. The Zimbabwean case has been cast as an attempt to pursue a radical state-led approach to land redistribution through compulsory land acquisition, or as a failed bureaucratic and 'non-transparent' effort. In contrast, the South African experience came to be held up as a more democratic, transparent, community driven and less costly 'market assisted' approach. Stereotypes in the literature on land reform in southern Africa influence the process of resolving the land question. While the dominant trend seems to be an acceptance of market prescription from the donor community, the Zimbabwean state, in particular, has intervened in the so-called land market in a more radical way. Attempts to acquire land in 1997, six years after the formal adoption of the Structural Adjustment Programme, led the international community to believe that land reform was being used as a strategy to bolster an 'unpopular' regime. The overall conclusion of the article is that the dominant fear that state-led land reform will bring economic collapse is unfounded, given the social and political implications of a failure to address the land question.

The impact of compulsory land acquisition on displaced households: The case of the Third Nairobi Water Supply Project, Kenya

This paper analyses the impact of compulsory land acquisition on displaced persons in Kenya. The analysis reveals that compulsory land acquisition quite often has far-reaching socio-economic impact on the lives of persons whose parcels of land are acquired. The effects of compulsory land acquisition identified included changes in income levels, land utilisation, land-ownership structure, farming practices, familial composition and cultural and social values, norms and bonds. In this paper, land acquisition, compensation and resettlement processes are briefly discussed. The main focus is, however, on the socio-economic impact that compulsory land acquisition has on the persons affected by the process. Some suggestions are made as to how the process can be improved in future. It is hoped that the lessons learned from this case study will be informative to decision makers not only in Kenya but also in other developing countries where public construction projects cause displacement of residents. Although the project and hence the affected people are located in a rural settlement, the purpose of the project is to supply water to Nairobi city. It is therefore a case of how urban projects can have far-reaching effects beyond urban boundaries.

Breaking up land oligopolies in the USA

The practices of the State of Hawaii and the Commonwealth of Puerto Rico providing for compulsory acquisition and distribution of land to break up oligopolies have been upheld by the Supreme Court of the USA. The procedures of these governments may be instructive to agencies in other areas of the world where concentration of land in the hands of a few owners interferes with a free market for land. The holdings of American courts provide guidance on the permissible scope for determinations of public purpose by legislatures and of judicial deference to such determinations.

Compulsory acquisition of land in Nigeria: A case study

For many centuries, the issue of compulsory land acquisition in Nigeria has constituted one of the most important issues confronting many Nigerian communities. In pre-colonial times, lands of many village communities were regularly required for public purposes such as burial grounds, fetish grounds, playing fields, etc. Since then, naturally, the demand for lands for public purposes has increased tremendously, particularly with the need for more land for agricultural and industrial development projects. Consequently, Nigerian Federal and State Governments as well as Statutory Corporations have had occasion to exercise their powers of compulsory acquisition of occupied and unoccupied lands; and in 1978, the Federal Government promulgated the Land Use Decree. This article looks at these developments within an empirical framework, and argues in favour of a diligent and adequate implementation of the decree at this its initial stage.

Reviews

Law, Liberty and Morality. By H. L. A. Hart.Law and Justice. By A. J. Kerr.The Modern Law of Employment. By G. H. L. Fridman.The Right to Membership of a Trade Union. By R. W. Rideout, ll.b., ph.d., Lecturer in Law in the University of Sheffield.Trade Unionism in Australia. By Orwell de R. Foenander, ll.m. (Melb.), litt.d.(Melb.), Senior Research Fellow in the University of Melbourne.A Source Book of English Administrative Law. By D. C. M. Yardley.Principles of Administrative Law. Third edition. By J. A. G. Griffith and H. Street.Cripps on Compulsory Acquisition of Land. Tenth edition. By Harold Parrish.Constitutional Protection. By L. A. Sheridan, ll.b., ph.d., Professor of Law in the University of Singapore.Law and Psychiatry. By Sheldon Glueck.Law in a Scientific Age. By Edwin W. Patterson.The Proof of Guilt. Third edition. By Glanville Williams, ll.d., f.b.a.Eighteenth Century Penal Theory. By James Heath.Child Law. By T. E. James.World Economic Agencies, Law and Practice. By C. H. Alexandrowicz.The Fund Agreement in the Courts. By Joseph Gold.Labour Law in Europe with Special Reference to the Common Market. International and Comparative Law Quarterly, Supplementary Publication No. 5.

Cripps on Compulsory Acquisition of Land: Powers, Procedure and Compensation. Eleventh edition. By Harold Parrish, ll.b., of Lincoln's Inn, Barrister-at-Law. [London: Stevens & Sons, Ltd.1962. cvi, 1,151 and (index) 95 pp. £10 10s. net (£8 8s. to subscribers to Encyclopedia of Compulsory Purchase).] - Town and Country Planning. By Lionel A. Blundell, ll.m., one of Her Majesty's Counsel, and Dobry

Cripps on Compulsory Acquisition of Land: Powers, Procedure and Compensation. Eleventh edition. By Harold Parrish, <scp>ll.b.</scp>, of Lincoln's Inn, Barrister-at-Law. [London: Stevens &amp; Sons, Ltd.1962. cvi, 1,151 and (index) 95 pp. £10 10s. net (£8 8s. to subscribers to Encyclopedia of Compulsory Purchase).] - Town and Country Planning. By Lionel A. Blundell, <scp>ll.m.</scp>, one of Her Majesty's Counsel, and Dobry

Some Aspects of Planning Law in England

PLANNING is a term of wide meaning, and without qualification it is used in connection with practically every form of modern governmental activity. In the present article we are using it, however, in the sense in which it is most often used by the modern lawyer or man of affairs in England, namely, in relation to the planning of town and country, or the control by government agencies of land use. In one sense, in this tight little island, a discussion of planning law can cover a very wide number of topics, including municipal housing law, the law of slum clearance and the compulsory acquisition of land by government agencies, either local or central. However, in order that there may be some limit to our discussion, we are here confining ourselves to the law of town and country planning in its strict sense, namely, the governmental control of land use, in both its restrictive and positive senses. In 1944 this subject was set in the forefront of the reconstruction programme of the coalition government. In a White Paper issued in June, 1944,1 it was said:

Compulsory Acquisition of Land by Local Authorities and Procedure at the Inquiry Tribunals

Public AdministrationVolume 24, Issue 3 p. 176-181 Compulsory Acquisition of Land by Local Authorities and Procedure at the Inquiry Tribunals J. R. Howard Roberts C.B.E., J. R. Howard Roberts C.B.E. Solicitor and Parliamentary Officer to the London County Council 1Search for more papers by this author J. R. Howard Roberts C.B.E., J. R. Howard Roberts C.B.E. Solicitor and Parliamentary Officer to the London County Council 1Search for more papers by this author First published: September 1946 https://doi.org/10.1111/j.1467-9299.1946.tb01957.x Any opinions or conclusions in this article are the Author's own and in no way represent the views of the London County Council. AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Volume24, Issue3September 1946Pages 176-181 RelatedInformation

Compulsory Acquisition of Land and Compensation. By R. A. Gordon, M.A., LL.M., K.C. Second edition. London: Stevens &amp; Sons, Ltd.1936. xx and 367 pp. (12s. 6d.)

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