Author: Iyenemi Ibimina Kakulu
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages :

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Author: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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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-à-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.

Author: John Anenechukwu Umeh
Publisher: London : Sweet & Maxwell
ISBN:
Category : Law
Languages : en
Pages : 152

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Author: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals. In the context of land, it is the authority of the land owner to determine its use or otherwise. On the other hand, compulsory acquisition is the process by which government obtain land from private owners for development purposes in the best interest of the community. These diametrically opposed concepts of property rights and compulsory acquisition is reconciled with the payment of compensation for the extinguishment of private property rights. In Nigeria, these two concepts have a history of mutual conflicts, resulting in congruous resolutions most of the time, until the introduction of the Land Use Act 1978. With the coming of the Act, the pendulum has tilted in favour of compulsory acquisition to the detriment of private property rights; as compensation fails to assuage the loss occasioned by expropriation. The paper explored the dichotomy between private property rights and compulsory acquisition in Nigeria in the last 50years and submitted that the process under the Land Use Act changed the equilibrium that existed between these two concepts and produced a skewed and unfavorable result to the detriment of private rights and National economy. It finally proposed a new equitable arrangement to the quagmire.

Author: Michael Barnes QC
Publisher: Hart Publishing
ISBN: 9781849464482
Category : Law
Languages : en
Pages : 658

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This book is a statement of the current law of compulsory purchase of land and compensation for that purchase. It covers all major aspects of the procedure for the compulsory acquisition of land and deals in full detail with all aspects of the law of compensation for such an acquisition. The many and diverse statutory provisions are organised into a series of chapters containing all principles and rules and there is a full analysis and explanation of the leading authorities on the subject and the principles derived from those authorities without which the subject cannot be understood. The aim of the book is, not only to explain the statutory provisions and to organise the various possible claims for compensation into different heads, but also to explain and analyse the substantial body of case law which has built up, particularly in recent years, and the relationship between that body of law and the underlying statutory provisions. The book also attempts to explain the purpose of the statutory provisions and the reason for the rules that are derived from the authorities. Chapters of the book are devoted to the procedure for formulating and pursuing a claim for compensation and to the valuation principles which must be applied in advancing claims. An Appendix is provided by Mr Nicholas Eden FRICS, a leading valuer in the field, which contains examples of different types of compensation valuation with annotations as to how the valuations are prepared and built up. A further aim of the book is to provide, where possible, practical advice to public authorities and landowners involved in the process of compulsory purchase and compensation as well as to explain the legal principles.

Author: Godfrey O. Uduehi
Publisher:
ISBN:
Category : Government purchasing of real property
Languages : en
Pages : 196

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Author:
Publisher: World Bank Publications
ISBN: 9780821355763
Category : Political Science
Languages : en
Pages : 470

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Book Description
Involuntary Resettlement Sourcebook: Planning and Implementation in Development Projects clarifies many policy and technical issues that confront resettlement policymakers and practitioners. It provides guidance on resettlement design, implementation, and monitoring, and it discusses resettlement issues particular to development projects in different sectors, such as urban development, natural resource management, and the building of dams. The sourcebook will be useful to a wide range of stakeholders. Its primary audience is resettlement practitioners, who have a role in the actual design, implementation, and evaluation of resettlement programs. The sourcebook will also be of interest to policymakers and project decision makers.

Author: Laura German
Publisher: CIFOR
ISBN: 6028693642
Category :
Languages : en
Pages : 56

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Rapid growth of emerging economies, emerging interest in biofuels as an alternative to fossil fuels and recent volatility in commodity prices have led to a marked increase in the pace and scale of foreign and domestic investment in landbased enterprises in the global South. Emerging evidence of the negative social and environmental effects of these large-scale land transfers and growing concern from civil society have placed ‘global land grabs’ firmly on the map of global land use change and public discourse. Yet what are the processes involved in these large-scale land transfers? This paper provides a comparative analysis of legal and institutional frameworks and actual practices associated with large-scale land acquisitions in Ghana, Mozambique, Tanzania and Zambia. Drawing on policy documents, interviews with government officials from diverse sectors and discussions with customary leaders and affected communities, we explore some of the deficiencies in legislation and practice which currently undermine the ability to safeguard customary rights in the context of large-scale land acquisition.

Author: ṢRĪKṚISHṆA GUṆĀJĪ VELINKAR.
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Segun Famoriyo
Publisher:
ISBN:
Category :
Languages : en
Pages : 100

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