Compulsory Acquisition Without Compensation and the Land Use Act PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Compulsory Acquisition Without Compensation and the Land Use Act PDF full book. Access full book title Compulsory Acquisition Without Compensation and the Land Use Act by Akintunde Kabir Otubu. Download full books in PDF and EPUB format.
Author: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
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: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
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: Douglas Brown
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
Third edition of a guide to land acquisition law in Australia and New Zealand. Incorporates the many changes to the relevant laws in both countries since the publication of the second edition in 1983. Includes tables of cases and statutes.
Author: Tsuyoshi Kotaka
Publisher: University of Hawaii Press
ISBN: 9780824825195
Category : Law
Languages : en
Pages : 406
Get Book Here
Book Description
The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.
Author: John Anenechukwu Umeh
Publisher: London : Sweet & Maxwell
ISBN:
Category : Law
Languages : en
Pages : 152
Get Book Here
Book Description
Author: Walter Russell Donogh
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 396
Get Book Here
Book Description
Author: Velandi Gopalayyar Ramachandran
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages :
Get Book Here
Book Description
Author: Frances Plimmer
Publisher: Routledge
ISBN: 1317608267
Category : Business & Economics
Languages : en
Pages : 480
Get Book Here
Book Description
The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries’ legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation • Land rights and the acquisition of traditional land rights • Issues surrounding ‘public interest’ •Alternatives to expropriation •The future: “good practice”, debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.
Author: Marcus Jacobs
Publisher:
ISBN: 9780455235011
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Michael Barnes QC
Publisher: Hart Publishing
ISBN: 9781849464482
Category : Law
Languages : en
Pages : 658
Get Book Here
Book Description
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: G. C. Mathur
Publisher:
ISBN: 9788170125716
Category :
Languages : en
Pages :
Get Book Here
Book Description
