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Author: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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: John Anenechukwu Umeh
Publisher: London : Sweet & Maxwell
ISBN:
Category : Law
Languages : en
Pages : 152
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Book Description
Author: Agbe Utuama
Publisher: African Books Collective
ISBN: 9875477540
Category : Law
Languages : en
Pages : 282
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Book Description
Critical Issues in Nigerian Property Law, a collection of writings in honour of Professor Jelili Adebisi Omotola, SAN, a former Vice Chancellor of the University of Lagos, who died on the 29th of March 2006, has ten chapters that closely examine not only the current state of Property Law in Nigeria, but also recent developments and other challenges that have surfaced since the infamous Land Use Act of 1999. The book is clearly a useful contribution to a growing body of knowledge on property law and practice in Nigeria.
Author: Akintunde Kabir Otubu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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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: Nigeria. Eastern Region
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 16
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Book Description
Author: Olayide Adigun
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 188
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Book Description
Legal theories of property : the Land Use Act in perspective /Olayide Adigun(12 p.). --Land Use Act : a catalyst or clog to economic development /Danjuma Domven Rimdan(9 p.). --Law and policy : Land Use Act 1978 : an appraisal /Abdel Fatayi Kuti(11 p.). --Role of the local government in the implementation of the Land Use Act : the Bendel State experience /A.O.O Ekpu(12 p.). --Implementation of the Land Use Act by local governments : a case study of Okirka and Gokana, Tai-Eleme local government areas of Rivers State /D.N Obele(10 p.). --Role of the state government in the implementation of the Land Use Act /D.Z Datong(7 p.). --Extent of the powers of the military governor under the Land Use Act /Yinka Ajitena(6 p.). --Socio-economic implications of the consent provision of the Land Use Act /F.O Adeoye(13 p.). --Problems of land acquisition and administration in the public sector /B.A Mbah(14 p.). --Impact of the Land Use Act on petroleum operations /Momodu Kassim-Momodu(9 p.). --Land Use Act and the banking industry /Kola Oluwajana(7 p.). --Land as security after the Land Use Act : the bankers' view /M.A Adesanya(14 p.). --Practical implications of the Land Use Act, 1978 on mortgages /Ladi Taiwo(11 p.). --Judicial view of the right of occupancy /F.O Awogu(11 p.). --Courts and the problem of compensation for land rights /M.O Onalaja(15p.).
Author: Segun Famoriyo
Publisher:
ISBN:
Category :
Languages : en
Pages : 100
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Author: John A. Umeh
Publisher:
ISBN:
Category :
Languages : en
Pages :
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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.
Author: Lorenzo Cotula
Publisher: IIED
ISBN: 1843697416
Category : Eminent domain
Languages : en
Pages : 130
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Book Description
