Compulsory Acquisition Process Research Articles

Measuring Inadequacy in Compensation for the Compulsory Acquisition of Land: Evidence from Bengaluru, India

Taking inspiration from the longstanding problem of inadequate compensation for the compulsory acquisition of private land for a public purpose, this research estimates the economic value of (i) future development potential of land or ‘hope value’; and (ii) depreciation in property value due to acquisition notification or ‘blight’. Using empirical data on property transactions conducted in the Bengaluru Mysore Infrastructure Corridor (BMIC) project area and registered with sub-registrar offices in Bengaluru India during 2007–14, this research innovatively combines the duration model and hedonic price model to estimate the above. Results indicate that the current mechanisms for compensation are inadequately compensating for the land. The loss of the hope value ranges between 2.39 to 8.35 times the market value of agricultural land in 2006 and loss due to blight is approximately 31 percent. Compensating for these losses ex-ante should induce fairness in the compulsory acquisition process and reduce arbitrariness in the valuation of essential components of a compensation package, thus unburdening the valuation responsibilities of the legal institutions. These findings empirically support the argument of payment of additional monetary compensation to the market value of land and provide a rational measure of the same.

Compulsory yet Fair Acquisition of Land: Assessing Procedural Fairness of Compulsory Acquisition Process in India

ABSTRACT Coerciveness built in the process of compulsory acquisition (CA) induces a perception of unfairness among the affected landowners and may alleviate with fair compensation and due process. This research focuses on the latter and aims to identify issues of unfairness perceived by the affected landowners using six criteria of procedural fairness from the legal literature including ethicality, representativeness, bias-suppression, accuracy, correctability and consistency. While procedural unfairness is a concern in many geographies (see for Scotland), this research adopts a case-study approach given the geographical specificity of CA laws and examines Indian process for its relatively recent modification under the newly enacted CA act of 2013. The paper undertakes a qualitative content analysis of court case reports on the Bangalore–Mysore Infrastructure Corridor project and interview transcripts of forty-seven landowners whose land was acquired using Karnataka Industrial Area Development Act of 1966 (a precursor to the new act). This research argues that fixing following issues is crucial to improving the landowners’ perception of fairness: ethical behaviour by the acquirers; representativeness of the affected landowners; quality information throughout the process; accountability of acquirers; neutral review of objections; unbiased assessment of compensation; and inexpensive conflict resolutions.

Landholders' Satisfaction with Compulsory Acquisition and Compensation Process in Bauchi, Nigeria

This research aims to assess Landholder's satisfaction with the compulsory acquisition and compensation process in Bauchi to identify areas of weakness in the process and propose areas of improvement. The study adopted the quantitative approach and data collected through questionnaire survey from 327 landholders affected by the compulsory acquisition and compensation exercise by the Bauchi State Government. The data collected were subjected to descriptive with mean ranking, frequency distribution. The study revealed that landholders were very satisfied before the process of compulsory acquisition, during the process of mandatory purchase, they were also happy. Still, during the compensation process, they were very dissatisfied. It recommended that the Government should make the process of compensation more transparent.

Landholders’ Awareness of Compulsory Acquisition of Land and Compensation Process in Bauchi, Nigeria

This study aims to assess landholder’s awareness of compulsory acquisition of land on their satisfaction with the compensation process in Bauchi, Nigeria, to identify areas of weakness in the process and propose areas of improvement. The study adopted the use of a quantitative approach and data were collected through a questionnaire survey from 327 landholders affected by the compulsory acquisition and compensation exercise by the Bauchi State Government. The data collected were subjected to descriptive with mean ranking, frequency distribution. The study revealed that the respondents are aware of the process before the compulsory acquisition and during the process of compulsory acquisition they were also aware of. This means that the respondents agreed that they were aware of the process/procedures involved in compulsory land acquisition, laws, and procedures guiding compulsory land acquisition and compensation process. It recommended that Landholders should be made more aware of the process involved in compulsory acquisition and compensation not only at inception but up to the end of the exercise.

Analysing the process of compulsory acquisition of land through the lens of procedural fairness: evidence from Scotland

ABSTRACTCompulsory acquisition of land is contested bitterly by affected landowners for various reasons including fairness in the compensation that is offered to landowners and fairness in the process that is followed in land acquisition by acquiring authorities. While there is a volume of research that has focussed on compensation, there is a paucity of literature analysing fairness in the process of land acquisition. This paper examines fairness in land acquisition using the case of Scotland, which is currently in the process of reforming laws and policies governing the compulsory acquisition of land. A primary survey was undertaken with stakeholders involved in a road project and information was analysed using ‘qualitative content analysis’. This research identifies the gaps in the existing process of compulsory acquisition using the theoretical lens of ‘procedural justice’ with a strong focus on the social psychology dimension and argues for the incorporation of basic principles of ‘procedural justice’. Fifteen major procedural gaps were identified, which include weak decision-making power of the members of the public in the identification and design of public projects; inadequate representation of objectors due to the high personal cost associated with representation in a public inquiry; time delays; information asymmetries and inefficient grievance management.

Landholders’ Involvement in the Compulsory Acquisition of Land and Compensation Process in Bauchi, Nigeria

This study aims to assess landholder’s involvement in the compulsory acquisition of land on their satisfaction with the compensation process in Bauchi, Nigeria, to identify areas of weakness in the process and propose areas of improvement. The study adopted the use of a quantitative approach and data were collected through a questionnaire survey from 327 landholders affected by the compulsory acquisition and compensation exercise by the Bauchi State Government. The data collected were subjected to descriptive with mean ranking, frequency distribution. The study revealed that before the process of compulsory acquisition landholders were very well involved, during the process of compulsory acquisition they were also involved but at the compensation process, they were not involved at all. It recommended that Landholders should be involved not only in the process of compulsory acquisition but they should be involved in the process of compensation as it will minimize resistance to compulsory.

Compulsory Acquisition Without Compensation and the Land Use Act

Compulsory acquisition is the power of government to acquire private rights in land without the willing consent of its owner or occupant in order to benefit society in exchange for compensation. It evolved as a result of the invaluable nature of land and the important role it plays in the socio economic development of a country. The foregoing template is generally recognised under the Nigerian law on the subject; the Land Use Act. However, there are instances under the Act where the law deviates from this golden rule of procedure by denying land owners any compensation at all or paying what amounts to inadequate compensation for the loss occasioned by the acquisition. This paper examines the provisions of the Land Use Act on compulsory acquisition and compensation process in Nigeria vis-a-vis global standards and best practices in the area. This is with a view at highlighting the areas of injustices in the law, particularly instances of compulsory acquisitions without compensation under the Act. In carrying out this task, the paper holistically evaluates the Act as a piece of expropriatory legislation and dissects it by pointing out particular instances of compulsory acquisition processes without compensation. In conclusion, the paper recommends a review of the law to reflect equity and fairness in recognition of property rights and land administration.

An Overview of Compulsory Land Acquisition in Ghana: Examining Its Applicability and Effects

In Ghana, to ensure life that is sustainable now and in the future, the government need to provide basic infrastructures that will promote economic, cultural, health and social wellbeing of its citizens. For this development to take place the government need to acquire land that will act as a platform for such interventions. Whereas in the country, land ownership is guaranteed in the lordship of customary interest, the state has no option than to employ eminent domain to acquire private rights in land without complete accepted agreement from the owners for societal benefit. The framework within which implementing organisations in the country carry out the processes is highly appalling and has resulted in detrimental outcomes. The application of compulsory acquisition in the country has led to undermine the principles of good governance. The need to strictly adhere to the rules and procedures of the legislative tool and also inadequate payment of compensation has become obvious and apparent. Considering these intricacies and complications involved in the compulsory acquisition process in the country requires some perceptible revision that will promote good practices among governments at local, regional and national level. The methodology applied for this paper was drawing on pragmatic and realistic studies pertaining to compulsory acquisition in Ghana through qualitative and quantitative analytical framework. The research design used for the research was the case study approach to put the study in context. Study difficulties as well as wide-ranging nature of research were taken into consideration in employing this approach. The research focused on how compulsory acquisition has been applied in Ghana. Issues considered include principles underpinning the legislative tool, argument in support and against compulsory acquisition. It also goes on to discuss the pattern of land ownership in Ghana and procedures for exercising compulsory acquisition. Lastly, this paper also puts much emphasis on how lands acquired by the government of Ghana have been utilised. Characteristically, compulsory acquisition in the Ghana can be described as disturbing and disruptive. This is highly manifested particularly from the ownership structure of land occupied by customary tenure. The study reveals some bottlenecks in the processes and procedures of land acquisition where involvement of land owners at the initial stage is missing. An inventory of land acquired in Central Region (Ghana) showed that about 82% of land size acquired by the state did not follow proper executive instruments. Also about 44% of lands acquired by the state have not been utilised. These implications have resulted in non-payment of fair and equitable compensation and states land been encroached. Effective determination of appropriate compensation, protection of government lands through proper safeguarding mechanisms, development of unused lands and strictly adhering to the spelt out policies governing compulsory acquisition in the country could help eliminate, if not reduce its associated impacts.