Compensation study of Boboroku, Jesse, Delta State, Nigeria

Abstract

Purpose The purpose of this paper is to examine issues of compulsory acquisition, evaluating the quantum of compensation paid to natives of communities whose farmlands are acquired and issues that must be dealt with to provide adequate compensation to claimants. Design/methodology/approach Using an oil well acquisition base in Boboroku, Jesse in Ethiope-West local government area of Delta State as a case study, various compensation claims were examined vis-à-vis market value claims in compulsory acquisition. Findings It was found that many claimants received N1,000.00 (naira) or less as full compensation claims for their crops while families lucky to own lands received more reasonable payments. It was also found that 40 of the 142 claimants in Boboroku community received only N4,146,120.00 as opposed to N8,802,750.00 they should have received under market values. Similarly, 39 claimants in Okuno should have received a market value of N3,195,920.00 as against N1,370,609.00 that was actually paid by the acquiring authority confirming that the rates applied were grossly inadequate. Practical implications It was established that there was no statutory provision for disturbance losses from revocation of land interests. Also, the productivity of economic crops and trees was not considered nor was the computation of claims based on market values. The paper further established that claims should be compensated on the basis of productivity value and life span of interests being acquired and not on arbitrary rates supplied by the acquiring authorities. Originality/value The case study methodology used in this paper enabled contribution to the body of studies which hitherto highlighted the issues of compulsory acquisition and quantum of compensation. It, therefore, adds to the problem-solving framework on compulsory purchase matters in Nigeria.

Assessment of Claimants’ Attitudes towards Compulsory Land Acquisition and Compensation in Osogbo, Nigeria

“…However, a prevailing sentiment suggests that compensation granted for compulsory land acquisition and damages is insufficient. This sentiment has been expressed by scholars such as Kakulu [17] and Odudu [23] [17] noted that Section 29 of the Land Use Act is insufficient to achieve fair compensation due to its limitations and exclusion of certain claims. Ezeanwa [27] argues that the Land Use Act's compensation provision does not guarantee "adequate compensation," as affected individuals naturally expect funds to cover property replacement, losses, and relocation expenses.…”

“…Kakulu [17] and Udoekanem [28] emphasized the existence of differing methods and standards for valuation, leading to inconsistency in compensation outcomes. Louis [29] points out the lack of a universally accepted model for defining adequate compensation, while Kakulu [17] and Odudu [23] identified the application of multiple valuation standards resulting in wide disparities and potential conflicts between governments and landowners. Shikoya and Olayiwola [30] further supported these findings in their analysis of claimants' satisfaction with the land acquisition and compensation process in Oyo state.…”

“…These preliminary issues relate to the absence of necessary foundational elements for effectively implementing the compulsory land acquisition and compensation process. The complexity arising from the lack of clarity, inconsistency, and certainty within this factor has been noted as a central point of contention between acquiring authorities and claimants [17,23].…”

Examination of The Causes of Realignment of Electricity Wayleaves in South-East Nigeria

“…Figure 2.3 shows the researchers illustration of 132 KVA electricity wayleaves initial route and realignment with 30 meters width and as such any property that fall within this width in the both side are affected. The black line represents the initial route while the dotted red line represents the realignment route and both black and dotted red lines are the centre points (lines) where the measurement of 15 meters are taken from, whether it is for the right side or the left side.However, Various authors (Kalu, 2001;German, Schoneveld, and Mwangi, 2011;Ghatak, and Mookherjee, 2011;Ogunba, 2013;Anuar, and Mohd, 2015;Odudu, 2017;Adekunle, Muhammad, Oluwole, Bello, and Idris, 2019;Obineme, et al, 2021 and others) had written on issues pertaining to acquisition (revocation) and compensation practice from different perspectives, but failed to consider the causes of electricity wayleaves realignment.…”

Tree-trimming impact on local government property management

“…In approaching an explanation of an account and accountability of city tree trimming it is helpful to consider the economic, ecological and social costs and benefits of city trees. Local government property management of trees is critically important given that trees have economic value (Odudu and Iruobe, 2017), need upkeep by local government property managers, require pruning of broken branches (Holden, 1986), cause a nuisance (Lee, 2007) and make a local government authority liable for damage caused by trees under their control (Rotherham, 2014; Property Management, 1998, p. 1). To avoid city tree foliage from making contact with overhead power lines, electricity utilities trim the tree foliage on a regular basis in order to try to maintain a 2 m clearance (Ausgrid, 2016).…”