Land Acquisition Process Research Articles

Radio, conflict and land grabbing in Sierra Leone: Communicating rights and preventing violence through drama

With a focus on entertainment education, this article sheds light on the effects of radio drama in addressing conflict over land governance. The discussion is built around the broadcast of Bush Wahala radio series during the recent land acquisition process that has taken place in Sierra Leone. Through the analysis of semi-structured interviews conducted by the author with rural farmers affected by this issue, on the one hand, this work generates reflections on the role of radio drama in providing listeners with alternative options to the use of violence and confrontation with the authorities in order to claim land rights; on the other hand, it represents an important contribution to the literature of edutainment in contexts of conflict, with a specific focus on the increasingly complex issue of land grabbing in the developing world.

The Urban Village, Agrarian Transformation, and Rentier Capitalism in Gurgaon, India

AbstractGurgaon, India's “millennium city”, is today synonymous with India's embrace of global real estate capital and private sector‐led urban development. This paper asserts that Gurgaon's spectacular urbanisation has been fundamentally underpinned by an uneven process of land acquisition, exemption and agrarian transformation. Shifting away from dispossession‐centred analyses of contemporary urbanisation in India, this paper explores Gurgaon's “urban villages” to consider the uneven integration of agrarian classes into emerging urban real estate markets. Through an examination of differential experiences of land acquisition and agrarian social change among Gurgaon's landowning classes, the paper seeks to trace complex and nonlinear processes of agrarian transformation which make possible landscapes of global accumulation.

LEGAL IMPACT OF LAND ACQUISITION FOR PUBLIC LAND PROCUREMENT DEVELOPMENT

The process of land acquisition for development for wide-ranging public interest is always carried out with the stages as stipulated in Law Number 2 Year 2012 and its implementing regulations. However, other things with the procurement of small-scale land that can be done by way of sale and purchase, exchange or other means agreed by both parties without going through the stages set forth in the laws and regulations implementation. Article 121 of Presidential Regulation No. 148 of 2015 in paragraph (3) states that small-scale land procurement can be carried out without location determination. In the absence of a location stipulation in small-scale land acquisition resulted in agencies requiring land can not consign or take care of damages in court because one of the conditions set forth in Supreme Court Regulation No. 3 of 2016 to do consignment or nursing in court requires determination location set by governor or mayor / regent

PENGADAAN TANAH DALAM RANGKA PERCEPATANPEMBANGUNAN INFRASTRUKTUR KETENAGALISTRIKAN DALAM UPAYA MEWUJUDKAN PROYEK 35.000 MW

This study aims to determine the procedure of land procurement and legal settlement mechanism against the rejection of land price and / or amount of compensation that has been set and implementation of acceleration process of land acquisition. This research employs empirical method of studying. The results of this study can be concluded that the procedure of land procurement and the stages of implementation starting from the planning stage, preparation stage, implementation phase, until delivery of the results, has been clearly regulated with the provisions of law applicable in Law number 2 of 2012 with all revisions the amendment of Presidential Decree Number 71 Year 2012 on Implementation of Land Procurement for Development for Public Interest. Mechanism of legal settlement against rejection of land price and / or amount of indemnification that has been set by the Appraisal team can be done with the step of applying for Custody of money payment of land compensation (consignment) to the local District Court.Keywords : Civil Law, Land Procurement, Public Interest

PENETAPAN LOKASI DAN AKIBAT HUKUMNYA TERHADAP PEMBAYARAN GANTI KERUGIAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM

The process of land acquisition for development for wide-ranging public interest is always carried out with the stages as stipulated in Law Number 2 Year 2012 and its implementing regulations. However, other things with the procurement of small-scale land that can be done by way of sale and purchase, exchange or other means agreed by both parties without going through the stages set forth in the laws and regulations implementation. Article 121 of Presidential Regulation No. 148 of 2015 in paragraph (3) states that small-scale land procurement can be carried out without location determination. In the absence of a location stipulation in small-scale land acquisition resulted in agencies requiring land can not consign or take care of damages in court because one of the conditions set forth in Supreme Court Regulation No. 3 of 2016 to do consignment or nursing in court requires determination location set by governor or mayor / regent.

The role of chiefs in large-scale land acquisitions for jatropha production in Ghana: insights from agrarian political economy

Ghana experienced a surge in large-scale land acquisitions in the past decade spearheaded by the bioenergy crop jatropha. To accommodate such acquisitions, small and medium-sized land holdings were consolidated to develop large parcels of land that could accommodate large-scale investments. Chiefs have been an important player in these processes as they are supposed to be the custodians of land in Ghana. However, they often engage with such land acquisition processes in a counterproductive manner, deeply affecting their outcomes. Chiefs often act as the gatekeepers of large-scale land acquisitions, helping foreign donors/investors and the state steer the institutional landscape of land tenure, which is not only complicated but also prone to social conflicts. In order to unravel the exact roles that chiefs have played in such processes (and the motivations behind their actions) we adopt an agrarian political economy framework based on the five key questions: “who owns what”, “who does what”, “who gets what”, “who interacts with whom” and “participation by whom in what”. To answer these questions, we conduct interviews with chiefs, experts and local households around five collapsed jatropha plantations in Ghana. Our empirical analysis suggests that chiefs often went beyond their customary roles as land custodians, by occasionally acting as land owners/sellers, expropriators, negotiators, receivers of compensation, and sources of conflict. These roles are to an extent an outcome of the weak, undocumented and largely discretionary land administration system of Ghana, which allows chiefs benefit by bypassing both customary and statutory land laws. Chiefs were often motivated by expected economic gains for themselves at the expense of the communal interests. On some cases this unconstructive role catalysed the collapse of the jatropha investments. These suggest the need for deep land policy reforms within the land administration system of Ghana. While the recent adoption of guidelines for large-scale land acquisitions promoted by the government of Ghana is a good start, land policy reforms should go deeper. Further reforms would be needed to strengthen the current legislation in terms of harmonizing all land laws, as well as outlining explicit directives for land negotiations, compensation (including defining the rightful recipients of compensation) and the effective evaluation of large-scale land acquisitions.

Evaluating the impact of the land acquisition phase on property owners in megaprojects

PurposeThe purpose of this paper is to examine the impact of the land acquisition phase and site assembly of land for large scale infrastructure road projects and its impact on property owners. A review of one of the largest roadwork projects currently underway in Sydney Australia demonstrates the adverse impact that has resulted in property owners challenging the approach used by government to acquire land for this project. Similar case studies are used to set out the key measures that should apply internationally in mitigating challenges from property owners in the land acquisition phase. It further shows that while adequate statutory provisions are important, it is the practices of acquiring authorities that ultimately determine the success and expedition of this initial important phase of these projects.Design/methodology/approachIn measuring the factors that impact the acquisition of land by negotiation in contrast to acquisition by compulsory taking, a case study methodology is used. In this approach, the author reviews two completed projects and the factors that contributed to their success. These are contrasted with the primary case study currently underway in Sydney, the WestConnex project in which a number of adverse factors have emerged that have impacted this project. The review of these cases examined provides options for reforms that should be adopted both in the WestConnex case and across projects internationally.FindingsIt is demonstrated that the impact of the land acquisition phase on property owners with limited ability to rehouse within the same or surrounding locations, results in increases to challenges. This factor has prompted increases in the number of cases that have proceeded to court and potentially impacts the public perception and site assembly phase of large scale road projects. The inability for impacted property owners to relocate themselves has resulted in a breakdown in the ability for acquiring authorities to achieve acquisition by agreement. This is evidenced by significant increases in the number of properties that have been acquired by compulsion since 2016. It is found that the operational provisions of the land acquisition processes were obsolete in NSW, particularly those leading up to acquisition that was originally designed to assist owners. The paper finds that the most important phase of a megaproject is the planning and consultation phase, which includes most importantly the way in which impacted owners are informed, assisted and compensated. It is concluded that the processes engaged in by acquiring authorities rather than the statutory provisions available, will determine the success of the land acquisition phase and perceptions of the project.Originality/valueThe primary contribution of this paper is defining the changing landscape that has led to the adverse impact on property owners in the site assembly process for large scale projects. It identifies the reforms that will enhance opportunity for owners to relocate and rehouse which will expedite the acquisition phase of megaprojects and restore acquisition by agreement rather than by compulsion. This in turn will contribute to improve public perception of large scale projects in urbanised locations.

Left out but not backing down: exploring women’s voices against large-scale agro-plantations in Cameroon

ABSTRACTThis article examines the situation of women around agro-plantations which have taken over their farmlands in the South-West Region of Cameroon through large-scale land acquisitions, and how they have sought popular redress. Based on a survey and focus group discussion among affected women, the findings revealed that women are generally left out of large-scale land acquisition processes. They complained of displacement from their farms and traditional forest resources, which has negative effects on their livelihoods and lifestyles. Despite women’s constrained situation, they have risen collectively against marginalisation, failed promises, and injustices through protests and defiance, achieving some successes in their demands for recognition and compensation.

Reconfigured state-community relations in Africa’s extractive sectors: insights from post-liberalisation Tanzania

The governance of Africa’s extractive sectors has undergone major changes in recent years. Using mainland Tanzania as a case study, this article explores how the relationships between the state, investors and community actors in respect of mining and petroleum investments have developed as a result. It finds that the role of the state is again increasing through its introduction of more detailed regulations and tougher fiscal and operational terms after decades of liberalisation. Combined with the re-emergence of state-owned enterprises as direct investors, this has implications that are not always beneficial in the eyes of local communities. Based on research into land-acquisition processes for extractive investments, we argue that the emphasis on following national standards for acquisition may lead to more restricted compensation schemes than the international standards preferred by extractive companies from the Global North. This has also increased tensions between the state actors and local communities.

The political economy of petroleum investments and land acquisition standards in Africa: The case of Tanzania

Much attention has been paid to community–investor relations in the petroleum sector in Africa, typically emphasising the responsibility of oil companies from the Global North to accommodate community interests. Empirical research that includes the role of the state actors in shaping these relations is limited. Based on empirical field research in mainland Tanzania, this article inscribes itself into an emerging body of literature that seeks to unpack land acquisition processes as a way to analyse relations among all the main actors. By focusing on struggles over the standards for the compulsory acquisition of land for petroleum investments, it points out that the political economy of land is decisive in determining the extent to which existing rights to land are accommodated. In this, the role of state authorities should not be underestimated. Their interactions with three ideal types of investors are analysed. The article demonstrates that investments originating in the Global South and in Tanzania have no less severe implications for land rights holders than those originating in Northern ones. This points to the need to expand the analytical focus in the petroleum literature from the behaviour of oil companies towards the broader political economy of land and petroleum investments. Whereas many investment processes may have been set in motion by Northern oil companies, they may not be the only actors, let alone the most important ones, influencing how land is acquired.

Land Acquisition in Contemporary India: The Growth Agenda, Legislation and Resistance

Land acquisition legislation in India has been a subject of public debate since Independence. Guided by the socialist pattern of economy, the government initiated land reforms in India but could only partially achieve this objective due to political stronghold of landed class in rural areas. Land was, however, acquired for building dams, mines and infrastructure. Such developmental initiatives were justified as steps being taken to achieve rapid economic development necessary for public welfare in the longer run. Also, there was little resistance to land acquisition as the level of political consciousness was low and there were few unorganised political organisations to channel the voices. In the post-liberalisation period, land acquisition legislations resulted from the thrust for commercialisation and fast track industrial investments. The new model of growth based on relentless competition implicit in a market economy created immense opportunities for the expansion of private business. Pro-business governments found it imperative to make prominent changes in the existing laws to smoothen the process of land acquisition. But, such measures have faced challenges on public platforms. Resistance to land acquisition is far more organised and powerful than what it was in the past. The article studies the politics of land acquisition in the light of recent steps taken by the pro-business governments to amend land laws and the resistance faced at both institutional and societal levels.

Property Rights and Sustainable Development in India

Recently, India has witnessed unprecedented economic growth due in large part to an influx of foreign investment capital. But this growth has come with related setbacks. With India’s transition from an agricultural to an industrial economy, many farmlands have been acquired without proper planning or rehabilitation for people displaced by the land acquisition. The present discussion addresses these issues, which have been ignored by the State in its process of drafting and implementing land acquisition related policies and legislation. While this framework is developed in the context of recent land acquisition in India, it is relevant to and engages with broader debates surrounding development, environmental regulations, and the paternalism of the Indian polity. This article analyzes the role of the Indian government in relation to the right to property. Pursuant to an amendment to the Indian Constitution, an individual’s right to property is not a fundamental right, allowing the state considerable leeway to act in this sphere. However, recent land acquisitions in India for various developmental projects have established an inherent correlation between land acquisition and concepts such as sustainable development and environmental impact assessment (EIA). These ideas provide a counterbalance to state power in the land acquisition process, undermining the myth of an unfettered state able to acquire land unchecked by the Constitution. This article also analyzes the significance of key phrases such as “public purpose” and how they function as justification for the exercise of eminent domain.

Evaluating irreversible social harms

In this paper we investigate how irreversible social harms should be evaluated from an ethical perspective. First, we define a general notion of irreversibility, drawing on discussions in ecology and economics. This notion is relational in the sense that “irreversibility” is always “irreversibility for a certain party”. We also note that a change may be more or less difficult to reverse, with full reversibility and irreversibility as two extremes. Second, we examine what can make an irreversible change a harm, and why these kinds of harms have particular ethical significance. Here we draw on discussions from ethics, particularly regarding the capability approach. We also show how our notion of irreversibility connects to, and can add to, discussions in the fields of development studies and disaster management, particularly on the concept of resilience. Third, we suggest how potentially irreversible harms can be recognised and dealt with in policy-making. Finally, we show how our framework can be applied by evaluating the land acquisition process of two biofuel producers in Tanzania.

New Challenges in Land Use in Nepal: Reflections on the Booming Real-estate Sector in Chitwan and Kathmandu Valley

ABSTRACTDomestic commercial land acquisition is a recent phenomenon in Nepal; it is rapidly expanding and increasingly occupying productive agricultural land for real estate and other non-agricultural commercial purposes. This paper analyses the present situation and the implications of domestic land acquisition, and identifies actors and forms of land deals and associated conflicts. The study was conducted in Kathmandu Valley (27° 32′ 13″ N to 27° 49′ 10″ N and 85° 11′ 31″ E to 85° 31′ 38″ E) and Chitwan District (83°54′ 45″ to 84°48′15″ E and 27°21′45″ to 27°52′ 30″ N), the areas of Nepal most affected by domestic land acquisition. In the absence of statistical material, purposive sampling was used to identify households for a survey of 208 respondents; this was complemented by qualitative research and a review of media and other documents. Respondents confirmed that land acquisition is increasing at a very rapid rate and is driven by a nexus of politicians, land brokers and real-estate actors, and that it has caused not only food insecurity but also numerous conflicts between local people and the land deal actors. Existing policies and legislations were found to be inadequate to address the challenges brought about by the domestic land acquisition process in Nepal.

Формирование земельных владений мурз Кульмаметевых и Сейдяшевых в XVII веке

The issue of land ownership in the aboriginal population of Western Siberia in the 17 th century is examined. Special attention is paid to the formation of large estates of serving Tatars Kulmametevy and, to a lesser extent, Seydyashevy, who were the second “branch” of the same family. Variants for land acquisition are described: by purchase, awards, compensation, seizures, etc. The results of archival research and material processing are presented. The proposed material is a publication of sources with the required review and preliminary conclusions. Complex of archival materials is introduced in the scientific usage, that shows the process and extent of land acquisition by murzas Kulmametevy and Seydyashevy. Scientific novelty of the research lies in the fact that: (1) most of the materials are published for the first time; (2) the example of a particular family of serving Tatars shows the complex processes of the formation of the land policy of the Russian state in the newly acquired territories of Siberia in the 17 th century; (3) majority of cited documents are extracts from census books of Lev Poskochin relating to “Tatar” population of the Siberian districts. It is noted that these books today are not founded.

Governance in Land Acquisition and Compensation for Infrastructure Development

Investment in infrastructure development such as road, railways, airport, hydropower, irrigation and town development for public purpose is very important for the development of any country and needs a huge quantity of land. The main objective of the paper is to find out the gaps on land acquisition and compensation processes for infrastructure development projects in Nepal. This research paper is based on the desk study using the experiences of the cases in infrastructure development projects in China, India, Malaysia and Norway. In this study, we emphasize three main issues for identifying the gaps in land acquisition and compensation and these are i) law and regulations, ii) procedure for land acquisition and compensation, and iii) land valuation approaches for compensation. The relevant land governance elements such as public participation, access to information, fair compensation, transparent procedure and stakeholder co-ordination are derived using the World Bank Land Governance Assessment Framework (LGAF) and UN-FAO Voluntary Guideline of Governance of Tenure. The study shows that the practices and processes in compulsory purchase and compensation are quite different in different countries due to its legal, social and political contexts. The study reveals that the different countries have different law and regulations, procedure for land acquisition and land valuation approaches depending upon social, political and economic conditions of the country. The major gap identified from the study about the situation in Nepal is the implementation aspects of land acquisition, compensation and land valuation system in reference to good governance principles namely public participation, access to information, transparent procedure and stakeholder’s interaction.

THE NEW TOLL ROAD FINANCING MODEL DETERMINATION

There are three main problems in Indonesia toll road financing model. First, it is the lack of state budget and delayed funding distribution for land acquisition. The second problem is the lack of financial ability of the winning company which leads to financial closing failure. The third problem is related to the land acquisition process that a special purpose company has to obtain for 100% before it can propose a loan from a bank. Therefore, it is essential to develop a new financial modeling to be implemented in Indonesian toll road development. Seven financial models were identified as having been implemented successfully and effectively. These models are earmarked tax revenue, deep discount bonds, take out financing, tax increment financing, land leases, deferred debt, and private donation. However, these models have never been utilized for toll road projects in Indonesia. Therefore, this research aims to explore those seven financial models and determine the most suitable one to be implemented in Indonesia. Literature review and in-depth interview with the key stakeholders were conducted to collect the data. The results subsequently show that there are four models that have never been implemented in Indonesia. However, the combination of deep discount bond and land leases is the most suitable financing model for Indonesian toll road industry.

‘How come others are selling our land?’ Customary land rights and the complex process of land acquisition in Tanzania

ABSTRACT The recent increase in transnational acquisitions of agrarian land raises concerns about rural people's inadequate involvement in the decision-making process, and violations of their land rights. Tanzania's statutory land laws are comparatively progressive in terms of recognising customary land rights. According to legislation, transferring ‘Village Land’ to an investor requires villagers' approval. It is therefore revealing to focus on the acknowledgement of customary rights in land deals in Tanzania. This study analyses the land transfer process of a UK-based forestry company that has acquired land in seven villages in Kilolo District. In the case of the village presented here, the investor seems to have followed legal procedure regarding decision-making for the land deal in a formally correct way. Yet, interviews with various stakeholders revealed flaws at village and district government level that have led to a conflict-ridden situation, with numerous affected villagers having lost their land rights – and thus the basis for their livelihoods – against their will. Among those affected are several households from a neighbouring village, whose customary rights date back to the period before the resettlements of the 1970s (‘villagisation’). Employing the concepts of property rights and legal pluralism 1 and unbundling the role of different actors in the host country government, this article analyses the decision-making process that preceded this land transfer. It illustrates how unequal power relations lead to unequal recognition of customary and statutory law. The study concludes that even under comparatively favourable legal conditions, there is no guarantee that local land rights are fully protected in the global land rush.

Policy versus Performance

India’s constitutional audit institution (CAG of India) has undertaken performance reviews of the land acquisition and rehabilitation process in rapidly industrialising Odisha in last few years. In this article, we combine audit findings on both fronts and pose questions on how audited entity, legislators and communities responded to these audit findings. Three performance reviews of land acquisition process in Odisha including a comprehensive audit of land acquired for Odisha Industrial Infrastructure Development Corporation (IDCO) spanning the years between 2001 and 2012 provides insights into lapses committed often by administrators such as land acquisition officers (LAOs), DCs etc. during land acquisition process. Similarly, performance review on rehabilitation of people affected by industrial projects provides insights into lapses in implementing Odisha Resettlement and Rehabilitation (R&R) Policy, 2006. This article argues why activists and researchers need to engage with audit findings and ask crucial questions on the follow up processes on these audit findings.

Global Ambitions and Local Compulsions: Exploring the Paradoxes Confronting Meghalaya in North East India

Globalization has undoubtedly emerged as one of the leading characteristics of the contemporary world. On the one hand, it has ushered in a new and promising era marked by rapid movements of large volumes of money and the increased volume of trade and has led to a growing density of market relations resulting in faster growth and creating unprecedented new opportunities for sustainable development and poverty reduction. At the same time, it also implies increased risk, uncertainty and vulnerability because of the widely fluctuating flows of capital around the globe and unstable exchange rates. In the context of the above, the paper proposes to examine the situation in Meghalaya, a state located in North East India and argues that globalization which entails greater interaction among cultures has generated a feeling of insecurity among the indigenous population, thereby consolidating the urge for preserving the indigenous culture from being invaded by the powerful waves of globalization. Globalization has undoubtedly led to increased transnational flows such as migration. The enhanced volume of migration has already unleashed the forces of ethnic backlash in most states of northeast India. In the context of the above, the paper will focus on the impact of greater global investment possibilities and migration of labor on local communities in Meghalaya in terms of the perceptions of regional political parties and local pressure groups. It will also examine the contradictions arising out of the desire to explore opportunities to capture the benefits of globalization on the one hand and the compulsion to protect local identities and heritage on the other. The paper has been divided into five sections. The first section focuses on the development constraints in northeast India and the difficulties in the land acquisition process. The second section highlights the global investment potential in Meghalaya and examines local resistance to the same. The next section discusses some initiatives taken by the Government of Meghalaya to attract investment. The fourth section examines local perspectives on uranium mining in Meghalaya. The fifth section comments on the impact of migration in northeast India as a whole and Meghalaya in particular. The fifth and the final section summarize the concluding observations of the paper in terms of the contradictions emanating from the parallel processes of globalization and local protest movements.