Compensation For Expropriation Research Articles

Research on Compensation System of Land Expropriation and Requisition

With the development of our country's economy and the advancement of the urbanization process, the demand for land is increasing, and the phenomenon of land requisition to the countryside around the cities is becoming more and more common, affecting farmers' interests and the social security problem of landless farmers has become increasingly prominent. To deal with the land problem is the most important in the sustainable development of national economy, and the land expropriation compensation system is an important system to maintain the social stability of our country, and an important basis for rational allocation of land resources in our country. Therefore, it is particularly important to perfect the land expropriation compensation system in our country. Relevant government departments should determine reasonable compensation standards for land expropriation based on public interests, so as to reflect the rationality of land expropriation. At the same time, we should improve the compensation measures for land expropriation and requisition to ensure the maximization of farmers' interests.

CIVIL LITIGATION AND DISPUTE RESOLUTION DURING URBAN TUNNEL CONSTRUCTION CAUSED BY PROPRIETY DAMAGE

Tunnel construction has to interact with many complex variables, both in the design phase and in the construction phase, especially in urban areas with high population density. Thus, building a new metro line inevitably involves disputes. Even if companies have appropriate guarantees provided in the contract, the initiation of a claim normally involves a dispute, which can be resolved, through confrontation of the parties, or it can incur court proceedings. During the construction of Milan's new subway line, Metro Blu, a great deal of effort was devoted to the management of damage complaints, induced mainly during the excavation phases and beyond. Thanks to the effort and commitment of numerous insurance companies, which supported the contractors, damage claims were collected and managed, almost always in conjunction with construction. Some disputes have been settled; others have resulted in court disputes. Although the most frequent claims have been for damage to the existing building (fractures and deformations), some disputes have involved claims for damages in relation to property rights and compensation for property expropriation. The authors expose two cases history of recurring disputes involving the construction of the new subway line, with the aim of reflecting on the patterns of large-scale litigation.

The German Verkehrswert (market value) of land: Statutory land valuation, spatial planning, and land policy

In Germany, statutory land valuation has developed over the course of almost 60 years into a powerful tool of spatial planning and land policy. The key to statutory land valuation is the concept of Verkehrswert (market value). The Verkehrswert equals the likely selling price of a cadastral parcel of land in the usual course of business at the time of valuation, and considers the legal situation, the actual disposition of the parcel, any other relevant conditions, and the location of the land, but does not take into account unusual or personal circumstances. The article explains the elements of Verkehrswert (market value) which account for the plural values of land such as exchange value, use value, territorial value, and existence value. The German Verkehrswert is not merely an instrument of plan implementation (e.g., land readjustment or compensation for expropriation), but also an analytical tool that helps planners and land policymakers understand when their interventions in land markets are necessary and how they can be helpful.

Valuation, compensation and rehabilitation for expropriation and its impact on the expropriated households in Ethiopia: evidence from Debre Markos city

PurposeThe purpose of this paper is to examine expropriation, valuation, compensation and rehabilitation practices and their impacts on expropriated households.Design/methodology/approachThis study employed a mixed research approach. The target populations of the study were expropriated households in Debre Markos City from 2019 to 2022. The study uses purposive and systematic random sampling techniques. The data were analyzed using descriptive statistics, narration and thematic clustering.FindingsThe findings of this study revealed that the expropriation process was not participatory and the right holders were not treated as what is expected. It is further found that economic losses, moral damage and social disturbance payments were not considered in the compensation package. The displacement compensation given was also inadequate and sometimes delayed and the time value of money was not taken into account for delayed payments. This creates social and economic problems. The rehabilitation and resettlement program was inadequate and ineffective. The expropriation, valuation, compensation and rehabilitation practice in general lack transparency and accountability.Practical implicationsTo ensure efficient and effective expropriation, valuation and compensation, there should be a well-organized government system that provides an accurate valuation on the one hand and restores the livelihood of the displaced on the other.Originality/valueThis paper is the first on expropriation, valuation, compensation and rehabilitation within the framework of transparency, accountability, effective rehabilitation and resettlement and institutional arrangements to ensure the sustainable livelihoods of affected households.

Employment of Land-Expropriated Farmers: The Effects of Land Expropriation and Gender Difference

The employment inequality between males and females in the context of land expropriation is not conducive for land-expropriated farmers to earn a sustainable livelihood. In this study, based on the data of two waves of household surveys, the “Chinese Family Panel Study” in 2016 and 2018, the PSM-DID method is used to test the effects of land expropriation on the employment behavior of the rural labor force, and the heterogeneous results of men’s and women’s employment behaviors are analyzed. The following conclusions are drawn. Land expropriation significantly reduces the employment probability of the labor force, encouraging the rural labor force to withdraw from the labor market voluntarily; land expropriation significantly shortens the employment distance of the labor force overall, promoting the urbanization of the rural labor force in the vicinity; land expropriation has a greater impact on the unemployment of the female labor force than that of the male labor force, and it increases the employment distance of males and reduces that of females, promoting the return of females’ labor to the family. The policy significance of this study is to attach importance to the long-term sustainable livelihoods of rural households and the employment equality of males and females in urbanization. Findings suggest family–friendly compensation for land expropriation should be formulated, rural construction land should be allowed to enter the market instead of being expropriated, and cooperation between county and developed regions should be encouraged for the creation of more jobs.

Theories behind Change of Land Expropriation Institutions in Cross-Strait: An Analysis from Historical Institutionalism Approach

Rapid urbanization in developing countries has led to an increasing demand for urban construction land. As a result, many farmers’ lands have been expropriated by local governments, exacerbating the imbalance between land supply and demand. This issue is particularly pronounced in Chinese Mainland, where land expropriation institutions have operated at a suboptimal level for an extended period. While existing research has explored the current practices and potential avenues for the optimization of the horizontal aspects of land expropriation institutions in Chinese Mainland, there remains a dearth of academic inquiry from a historical developmental and comparative analytical perspective. To address this gap, this article uses the analytical framework of historical institutionalism and combines it with the comparison case method and in-depth interviews to analyze the fundamental path, logic, and dynamic mechanism behind land expropriation institutional change in Cross-Strait and provide insights for similar developing countries. Research shows that Cross-Strait land expropriation institutions have gone through five different stages of development, and finally evolved in the direction of narrowing the scope of expropriation and increasing the compensation for expropriation. Cross-Strait land expropriation institutions show a triple logic in terms of change types, change paths, and change processes: in terms of change types, there are compulsory changes and mutual games between induced factors and actors pushing for compulsory changes; in terms of change paths, there are patterns of displacement, drift, conversion, and layering; and in terms of gradual change processes, path dependence characteristics become apparent within Cross-Strait land expropriation institutions. The synergistic interaction among the institutional milieu, ideas, and actors constitutes the dynamic mechanisms for the change of land expropriation institutions in Cross-Strait.

Multidimensional Preference Game and Extreme Dispute Resolution for Optimal Compensation of House Expropriation

Although the compensation for house expropriation has increased significantly in recent years, the conflicts persist. The subjects in the expropriation process have multiple behavioral preferences, such as self-interest, loss aversion, and inequity aversion, and the expropriation process is hampered by extreme disputes on expropriation compensation. In order to make the houseowners agree to the expropriation immediately and tackle the root of extreme disputes, this paper establishes a two-stage sequential game model involving local government and two houseowners, analyzes the different payoff situations under multidimensional preferences, and finds out the optimal compensation standard. Then, through a case analysis, the TOPSIS method is used to determine the ideal strategy when the houseowners are simultaneously considering three preferences. The optimal compensation standard’s value is discovered to be significantly influenced by the houseowners’ behavioral preferences, but the compensation cannot be raised by excessive attention to the reference point and other houseowners.

A Study on the Solution to the Legal Issues on Land Expropriation

Article 23 (3) of the Constitution provides for the guarantee of property rights, while stipulating that property rights can be restricted based on law on the premise of payment of legitimate compensation if there is a public need.
 The judicial problems related to land expropriation are as follows. First, land expropriation contains legal issues regarding landowners and related persons who have interests in the land. In particular, the legal status of a person with a security right with respect to the expropriated land and a buyer with a claim for bond registration on the land is a problem. Second, if landowners receive expropriation compensation instead of losing their ownership through land expropriation, they sometimes deposit expropriation compensation on behalf of the land, so the mortgage holders acquire the right to property compensation, and the bond claimants who purchased the land acquire the right to claim. This is a matter of legal interpretation and at the same time is linked to the guarantee of property rights of landowners and interested parties.
 Third, there is a significant possibility that there will be a legal dispute or not consultation on the appropriate theory of compensation for loss between the landowner and the project operator who are deprived of property rights in the process of land expropriation for actual public projects.
 There is an opinion that public collection can be a serious infringement on private property rights in that property rights such as land of others are acquired for public interest and other welfare purposes.
 The main purpose of this paper is to derive public and judicial problems related to land expropriation and to find solutions to the extent possible. In particular, it is necessary to clarify whether the protection of the property rights of landowners who lose their ownership due to land expropriation can be protected in a way other than the payment of compensation for expropriation. In other words, by deriving an appropriate legal remedy for private ownership infringed by public utilities, we intend to find the right balance between public interest and private interest.

The Benefit Principle in Determining Compensation for Real Estate Expropriation

Polish expropriation law introduces a compensation system based on the socalled “benefit principle”. This principle assumes estimating the value of the property based on its intended use if it results in a greater value. The problem of considering the intended purpose of expropriation and, consequently, the application of the benefit principle is widespread in compensation proceedings relating to road investments.The research objective of this paper is an attempt to answer the question of whether the benefit principle should be maintained in the real estate appraisal procedure in order to determine compensation, i.e. whether the intended use resulting from the purpose of expropriation should be taken into account if it increases its value. The research also focuses on identifying those factors that should be considered instead of the benefit principle in order to estimate fair compensation for expropriated real estate. Part of the study is also devoted to the assessment of planned changes in legal regulations regarding compensation proceedings.The subject of the research are procedures and regulations for determining compensation for real estate expropriated for road investments in Poland. The analysis covers the stages of the compensation procedure and the factors affecting the amount of compensation. These procedures were compared with those in force in other countries in the context of applying the benefit principle.The results of the analysis lead to the conclusion that the amount of compensation should be independent of the intended purpose of expropriation. This is because planning classification for public purposes cannot be treated as a criterion which increases the market value of the expropriated property.

Comments on the resolution of the Supreme Administrative Court of 30 June 2022, case file no. I OPS 1/22

The commented resolution concerns issues related to the right to a procedural identity of a party to an act-in-law within the sphere of civil law in administrative proceedings. The deliberations of the Supreme Administrative Court (NSA) focus on the sources and specific attributes of legal interest in administrative law and are aimed at determining whether a party to an assignment agreement, defined in Article 509 of the Civil Code, involving a claim for compensation for expropriation of a real property, being the assignee of this claim in a case for the determination of compensation, has a legal interest to be a party within the meaning of Article 28 of the Code of Civil Procedure.

일본의 송변전설비 건설에 따른 보상제도 연구

Residents’ damage caused by the construction of transmission and substation facilities can be largely divided into property damage, environmental damage, and health damage. Among them, landscape damage, environmental damage, and a decrease in the transaction value of adjacent land due to the construction of transmission and transmission facilities are becoming a major problem. Of course, residents also claim damage from electromagnetic waves. The construction compensation system for transmission and substation facilities consists of steel tower compensation under the Electricity Business Act, transmission line site compensation, property compensation under the Songju Act, housing purchase compensation, and resident support system. In addition, there are compensations set by the Land Compensation Regulations, which are the internal standards of KEPCO, and the practical standards for appraisal. In the transmission and transmission facility compensation system, the future value of land is already indirectly reflected through the three-dimensional use inhibition rate and the additional correction rate. In order to rationalize the compensation system for transmission and transmission facilities, it is required to unify distributed acceptance and compensation regulations. In addition, the Land Compensation Regulations, which take into account exceptions arising from compensation practice, require agreement with the laws and regulations in preparation for audit by the Board of Audit and Inspection. In the loss compensation system related to the installation of transmission and substation facilities, since the transmission tower and substation permanently use land, in principle, the ownership of the land is acquired by expropriation of land that deprives individuals of property rights. However, the transmission and transmission lines mainly take the method of acquiring the public use right for the transmission line site according to the public use of only a specific part of the land or underground. However, in relation to the public use of the transmission line site, loss compensation is made according to the license setting, which is called ‘Road Right Compensation’, ‘Load Compensation’, and ‘Load Compensation’ or ‘Transmission Line Site Compensation’ in that the line is mainly a problem in Korea. With the recent construction of transmission and transmission facilities, it is required to change the compensation paradigm that reflects the future value of the land due to the decline in the transaction value of the site and adjacent land. In this regard, Korea, like Japan, deserves to consider the annual user fee payment method in the lump sum compensation method according to the previous principle of lump sum payment. This study aims to derive implications for improving the compensation system under related laws and regulations that stipulate compensation for land price declines in surrounding areas and compensation for land expropriation or use of land with transmission and substitution facilities in Japan.

일본의 송변전설비 건설에 따른 보상제도 연구

Residents’ damage caused by the construction of transmission and substation facilities can be largely divided into property damage, environmental damage, and health damage. Among them, landscape damage, environmental damage, and a decrease in the transaction value of adjacent land due to the construction of transmission and transmission facilities are becoming a major problem. Of course, residents also claim damage from electromagnetic waves. The construction compensation system for transmission and substation facilities consists of steel tower compensation under the Electricity Business Act, transmission line site compensation, property compensation under the Songju Act, housing purchase compensation, and resident support system. In addition, there are compensations set by the Land Compensation Regulations, which are the internal standards of KEPCO, and the practical standards for appraisal. In the transmission and transmission facility compensation system, the future value of land is already indirectly reflected through the three-dimensional use inhibition rate and the additional correction rate. In order to rationalize the compensation system for transmission and transmission facilities, it is required to unify distributed acceptance and compensation regulations. In addition, the Land Compensation Regulations, which take into account exceptions arising from compensation practice, require agreement with the laws and regulations in preparation for audit by the Board of Audit and Inspection. In the loss compensation system related to the installation of transmission and substation facilities, since the transmission tower and substation permanently use land, in principle, the ownership of the land is acquired by expropriation of land that deprives individuals of property rights. However, the transmission and transmission lines mainly take the method of acquiring the public use right for the transmission line site according to the public use of only a specific part of the land or underground. However, in relation to the public use of the transmission line site, loss compensation is made according to the license setting, which is called ‘Road Right Compensation’, ‘Load Compensation’, and ‘Load Compensation’ or ‘Transmission Line Site Compensation’ in that the line is mainly a problem in Korea. With the recent construction of transmission and transmission facilities, it is required to change the compensation paradigm that reflects the future value of the land due to the decline in the transaction value of the site and adjacent land. In this regard, Korea, like Japan, deserves to consider the annual user fee payment method in the lump sum compensation method according to the previous principle of lump sum payment. This study aims to derive implications for improving the compensation system under related laws and regulations that stipulate compensation for land price declines in surrounding areas and compensation for land expropriation or use of land with transmission and substitution facilities in Japan.

A conceptual framework for analysing compensation for expropriation of customary property rights

PurposeThis paper develops a conceptual framework that is applicable in various compensation settings vis-a-vis relevant legal frameworks, compensation processes and practices, compensation outcomes and adequacy of resultant compensation by using a common evaluative framework, to address the lack of such a conceptual framework in the compensation literature. Also, by developing a new conceptual framework, this paper provides a platform and an analytical tool for anchoring and analysing future research on compensation for expropriation of various property rights.Design/methodology/approachThis conceptual paper is based on original thought and review of literature on compensation for expropriation.FindingsA critical analysis of existing literature on compensation for expropriation of customary properties reveals that most studies are inadequately informed by relevant compensation theories and that each study uses its own tailor-made analytical framework. This entails that there is no general conceptual framework for anchoring new studies in compensation and aid in extrapolating their results to similar populations and contexts.Originality/valueThis paper makes novel contribution to knowledge by developing a new conceptual framework for analysing compensation for expropriation of customary property rights, which is not there currently. Essentially, by developing the new conceptual framework, this paper provides a basis for anchoring new research works in compensation and their analyses, thereby making a further contribution to knowledge.

Special Sacrifice and Determination of Compensation Standard for Land Expropriation in the Urbanization Process—A Perspective of Legal Practice

In the current context of rapid global urbanization, China’s urbanization is also accelerating, and the rational planning and sustainable use of state land and space have become a growing concern. The expansion of urban geographic space is inevitably accompanied by the massive expropriation of rural land. The research objective of this article is to explore, from a jurisprudence perspective, under what circumstances land expropriation in urbanization has caused special sacrifices to farmers and what compensation standards have been determined by the Chinese courts after the special sacrifices have been caused. To achieve this research objective, the authors first identified the causal relation between the expansion of urbanization and conflicts over land expropriation in China through the empirical analysis method, and found that the expansion of urban geographic space has led to an increase in conflicts over land expropriation and that the land expropriation compensation system is the key to alleviating such conflicts. Secondly, by interpreting and summarizing the compensation standards for land expropriation in China’s legislation texts and judicial judgments through normative analysis, this article finds that the compensation standards for land expropriation currently adopted by the people’s courts of China are pluralistic and conflict with those in the legislation text. This article concludes that if land expropriation in urbanization leads to an infringement of civil liberties which results in a special sacrifice of citizens, such special sacrifice should be justly compensated. To effectively mitigate the conflicts concerning land expropriation in the urbanization process, China should build a unified compensation standard for land expropriation under the guidance of legislative text in the future, achieve a reconciliation between the doctrinal and practical compensation standards for land expropriation, and support the rule of law to guarantee the sustainable development of urbanization.

Antecedents of Residential Satisfaction in Resettlement Housing in Ellembelle: A PLS-SEM Approach

Compensation for land expropriation due to development projects such as mining is shifting from cash to physical assets like housing. Therefore, empirical studies are required to assess the residential satisfaction of project-affected families (PAFs) living in these houses and the factors which can enhance their satisfaction and quality of life in the long term. This study, therefore, assesses the antecedents of PAFs’ satisfaction with their current residence as an outcome of a mining-induced displacement and resettlement (MIDR) in Ellembelle, Ghana. The study adopted SPSS and PLS-SEM to assess the data retrieved from the heads or representatives of the PAFs. The study’s outcome reveals that the neighborhood environment plays the most significant role in predicting the PAFs’ satisfaction, followed by the public facilities and dwelling unit. The study has numerous implications for the resettlement stakeholders, housing policy, and mining development.

GLOBAL PRODUCTION AND SALES CHAINS IN THE AGRICULTURE SPHERE: MODERN POLICY AND PRACTICE

The article is devoted to the study of global production and sales chains in the agro-food sector, the peculiarities of the involvement of countries of the world in them, in particular, Ukraine. The policy and practice in this area, prospects for Ukraine, possible approaches to regulating the process of integration into agrarian and food global chains are analyzed. It was determined that the development of global chains of added value can have a number of positive manifestations in the field of agro-industrial complex, including the simplification of the mechanism of integration of countries into the global food market, the convergence of national food markets, the dissemination of progressive experience, and the promotion of sustainable development. There is a positive and significant relationship between FDI and indicators that characterize the level of the country’s involvement in agri-food global value chains, as well as the creation of domestic added value in global chains. This actualizes the issue of improving investment and trade policy, creating appropriate institutional conditions in the country, thanks to which it will be possible to more actively include Ukrainian representatives of the agro-food business in global production and sales chains. Among the important areas of improvement of institutional conditions are a clear, transparent and predictable investment policy, strong protection of investors (including compensation for expropriation), reliable protection of land use rights and land rights, as well as intellectual property rights, tax benefits. Dynamic agricultural innovation systems, in particular, well-developed research networks and innovation clusters, agri-food research institutions, and state advisory services can have a significant positive impact. The policy of state support for connections in supply chains can play an important role in promoting the development of business activity of multinational enterprises, which are the most powerful donors of direct investment in the world. Priorities may include a well-developed regulatory framework for contract farming and contract enforcement systems.

Exploring the Effect of In Situ Urbanization on Youth Entrepreneurship in Suburban Areas with Low-Medium Development in China--A Way Forward to Sustainable Entrepreneurship Mechanism

China’s traditional suburban urbanization pattern of “passively being centralized upstairs” is not ideal, so China has been implementing human-centered new urbanization and urban–rural integration development strategy. Promoting employment through entrepreneurship is an effective way to solve the problem of long-term livelihood of land-lost farmers in China. There are few studies on entrepreneurship of land-lost farmers with the background of in situ urbanization in the suburbs. Based on the field survey data of two suburban villages representing the low–medium level of development in China, this study takes entrepreneurship of suburban youth as the research object and uses Logistic and Mlogit models to investigate the influences of psychological states of suburban youth on their entrepreneurship and the different entrepreneurial status during in situ urbanization pattern from three aspects. The results show that under in situ urbanization pattern, the psychological states of suburban youth have significant and steady influences on their entrepreneurial behaviors. Moreover, the satisfaction degree of land expropriation compensation has a partial mediation effect on suburban youth’s judgment of future life. There are different effects of the three psychological states on the two entrepreneurial states. Therefore, urban governments at all levels in China should choose the suburban urbanization pattern according to local conditions and time changes and realize sustainable entrepreneurship of suburban land-lost farmers during their becoming citizens with keeping nostalgia.

“Unjust Enrichment” as a Basis for Compensation for Expropriation under International Law

“Unjust Enrichment” as a Basis for Compensation for Expropriation under International Law

Resolving Mechanism for Extreme Conflicts of Land Expropriation Compensation from the Perspective of Multidimensional Preferences

Resolving Mechanism for Extreme Conflicts of Land Expropriation Compensation from the Perspective of Multidimensional Preferences

Farmers’ Satisfaction with Land Expropriation System Reform: A Case Study in China

Farmers’ satisfaction with reform of the land expropriation system has not been fully examined, so it is difficult to comprehensively and successfully judge the effectiveness of the reforms. Traditional statistical methods cannot accurately explain the relationship between the variables. In order to fully understand the implementation, progress, and applicability of land expropriation system reform, this paper analyzes the factors influencing farmers’ satisfaction, presents the shortcomings of land expropriation system reform, and puts forward improvement suggestions. Taking the land expropriation system reform pilot in Dingzhou city as an example, this paper investigates the satisfaction of the farmers who have had their land expropriated by establishing a structural equation model (SEM) to obtain feedback on the implementation effect of the pilot work. The results show that the factors affecting farmers’ satisfaction with the reform of land expropriation systems can be summarized into four variables: land expropriation compensation standard, land income distribution, land expropriation security mode, and land expropriation procedure. The parameter estimation between these four potential variables and their corresponding observation variables shows that, in the process of land expropriation, the comparison of land expropriation compensation standards and observation variables with market entry projects is an important factor affecting the satisfaction of farmers with regard to land expropriation. The income of municipal and county governments and village collective incomes have a great impact on farmers, indicating that the satisfaction of farmers is not only related to the absolute level of compensation and income, but is also affected by the relative level. In addition, providing farmers with a variety of reasonable security methods is an important element to enable the smooth progress of land expropriation. Furthermore, attention should also be paid to the formulation of land expropriation schemes and emergency plans to solve land expropriation conflicts.