Land Rights and Expropriation in Ethiopia

Land Rights and Expropriation in Ethiopia PDF Author: Daniel W. Ambaye
Publisher: Springer
ISBN: 3319146394
Category : Political Science
Languages : en
Pages : 289

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Book Description
This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.

Land Rights and Expropriation in Ethiopia

Land Rights and Expropriation in Ethiopia PDF Author: Daniel W. Ambaye
Publisher: Springer
ISBN: 3319146394
Category : Political Science
Languages : en
Pages : 289

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Book Description
This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.

Land Rights and Expropriation in Ethiopia

Land Rights and Expropriation in Ethiopia PDF Author:
Publisher:
ISBN: 9789185783366
Category :
Languages : en
Pages : 308

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Book Description


Household perception and demand for better protection of land rights in Ethiopia

Household perception and demand for better protection of land rights in Ethiopia PDF Author: Ghebru, Hosaena
Publisher: Intl Food Policy Res Inst
ISBN:
Category : Social Science
Languages : en
Pages : 24

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Book Description
The study assesses factors that explain households’ perceived tenure insecurity and the demand for new formalization of land rights in Ethiopia. We use data from the 2013 Agricultural Growth Program (AGP) survey of 7,500 households from high agricultural potential areas of Ethiopia. The results from a logistic estimation and a descriptive analysis reveal that the de-mand for further land demarcation is positively associated with higher perception of tenure insecurity. Moreover, disaggre-gated regression results indicate that ownership and boundary-related disputes characterize peri-urban locations and vibrant communities, whereas perceived risk of government expropriation of land is mainly manifested in predominantly rural com-munities and areas where administrative land redistribution is a recent practices. Hence, the rollout strategy for the recent wave of the Second-Level Land Certification agenda should avoid a blanket approach, as it can only be considered a best fit for those vibrant and peri-urban locations where demand for further formalization is higher and boundary and ownership-related disputes are more common. However, focusing similar interventions in predominantly agrarian communities and communities with recent administrative land distributions may not be advisable since expropriation risk seems to be dictating perceived tenure insecurity of households in such locations. Rather, regulatory reforms in the form of strengthening the depth of rights over land, such as formalization of rural land lease markets and abolishing conditional restrictions on inter-generational land transfers via inheritance or gifting, could be considered as alternative and cost-effective intervention pack-ages in this latter context.

Property Rights in a Very Poor Country: Tenure Insecurity and Investment in Ethiopia

Property Rights in a Very Poor Country: Tenure Insecurity and Investment in Ethiopia PDF Author: Madhur Gautam
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 31

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Book Description
This paper provides evidence from one of the poorest countries of the world that the property rights matter for efficiency, investment, and growth. With all land state-owned, the threat of land redistribution never appears far off the agenda. Land rental and leasing have been made legal, but transfer rights remain restricted and the perception of continuing tenure insecurity remains quite strong. Using a unique panel data set, this study investigates whether transfer rights and tenure insecurity affect household investment decisions, focusing on trees and shrubs. The panel data estimates suggest that limited perceived transfer rights, and the threat of expropriation, negatively affect long-term investment in Ethiopian agriculture, contributing to the low returns from land and perpetuating low growth and poverty.

Property Rights & Political Development in Ethiopia & Eritrea, 1941-74

Property Rights & Political Development in Ethiopia & Eritrea, 1941-74 PDF Author: Sandra Fullerton Joireman
Publisher: James Currey
ISBN:
Category : Eritrea
Languages : en
Pages : 200

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Book Description
This study traces three different land tenure systems in Ethiopia and Eritrea over a 30-year period from the end of Italian occupation to the end of imperial rule. It examines existing theories of changing property rights in the context of the developing world, and should interest NGOs.

Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia

Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia PDF Author: Wolfgang Benedek
Publisher: International Studies in Human
ISBN: 9789004415942
Category : Law
Languages : en
Pages : 360

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Book Description
This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopiaaddresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms.

Property Rights in a Very Poor Country

Property Rights in a Very Poor Country PDF Author: Daniel Ayalew Ali
Publisher:
ISBN:
Category :
Languages : en
Pages : 31

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Book Description
This paper provides evidence from one of the poorest countries of the world that the property rights matter for efficiency, investment, and growth. With all land state-owned, the threat of land redistribution never appears far off the agenda. Land rental and leasing have been made legal, but transfer rights remain restricted and the perception of continuing tenure insecurity remains quite strong. Using a unique panel data set, this study investigates whether transfer rights and tenure insecurity affect household investment decisions, focusing on trees and shrubs. The panel data estimates suggest that limited perceived transfer rights, and the threat of expropriation, negatively affect long-term investment in Ethiopian agriculture, contributing to the low returns from land and perpetuating low growth and poverty.

Environmental Protection Through Rural Land Laws

Environmental Protection Through Rural Land Laws PDF Author: Mitike Worku
Publisher: GRIN Verlag
ISBN: 3346115011
Category : Science
Languages : en
Pages : 83

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Book Description
Thesis (M.A.) from the year 2018 in the subject Politics - Environmental Policy, University of Gondar, course: law, language: English, abstract: Using qualitative method this study tries to find out whether the ANRS rural land laws' normative and institutional frameworks and their enforcement mechanisms are adequate or not in protecting environmental degradation in rural areas of South Wollo Zone, Ethiopia. Legal provisions of the ANRS rural land laws which deal with unlimited land use right, limited land distribution, land right registration and certification, obligations to conserve and protect the land, expropriation for environmental purpose, incentive and the existence of legal remedy will encourage the zone’s rural environmental protection. However this does not mean that such laws are comprehensive rather such laws fails to comprise all possible obligations of land users, lacks clarity and provided in general terms with weak remedies. There is also no cooperation mechanism or forum among stockholders in the areas of rural land administration and environmental protection. Much attention is given to land administration issues than environmental protection. Environmental degradation related to rural land in Ethiopia in general and in ANRS, in particular, is reflected in the form of land degradation, loss, and degradation of water resources, deforestation as well as decline and/or loss of biodiversity. Ethiopia has designed a number of environmental laws. But such laws suffer from various defects which affect their ability to promote environmental protection. So efforts to use laws to protect the rural environment should look beyond just environmental statutes. Therefore seeking a solutions and studying rural land administration laws will be helpful to defy land degradation in rural areas. The rural land and environmental protection institution also lack financial, material and manpower capacities which hold back to carry out its duties. Due to these reasons, the rural land administration and environmental protection institutional setup of the Zone remains inadequate to properly protect the rural environment. In relation to rural land environmental protection, the ANRS rural land laws are practically not enforced in the zone due to the legal gap and unclear less, insufficient and political will to enforce the rural land laws. So the rural land environment of the South Wollo Zone remains in peril so long as there is no effective and enforced rural land law, government commitment, and well-designed, empowered and coordinated institutions.

Rural Land Takings Law in Modern China

Rural Land Takings Law in Modern China PDF Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1108126057
Category : Law
Languages : en
Pages : 353

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Book Description
One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.

Property Without Rights

Property Without Rights PDF Author: Michael Albertus
Publisher: Cambridge University Press
ISBN: 1108835236
Category : Business & Economics
Languages : en
Pages : 417

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Book Description
A new understanding of the causes and consequences of incomplete property rights in countries across the world.