Compulsory Acquisition Without Compensation and the Land Use Act

Otubu, Akintunde Kabir

doi:10.2139/ssrn.2420039

Cited by 5 publications

(4 citation statements)

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“…Globally, the indemnity theory is the predominant principle underlying expropriation and compensation legislation (Ambaye, 2009). Compensation assessed based on principles such as fair compensation, adequate compensation, full indemnification or just compensation subscribes to the tenets of owner's loss theory (Otubu, 2012;Denyer-Green, 2014). Contrary to this, taker's gain theory is founded on the principle that the acquiring entity must only compensate for compulsorily acquired land (Kabanga and Mooya, 2018).…”

Section: Literature Review 21 Compensation Theories and Compulsory Ac...mentioning

confidence: 99%

Compensation for farms compulsorily acquired for mining in Ghana: an analysis of the laws, compensation practices and valuation methods

Amponsah

Halvitigala²,

Hwang³

et al. 2022

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PurposeThis paper aims to examine the compensation practices and the valuation methods valuers apply in the context of the current legal framework for expropriation to assess compensation for farms impacted by mining in Ghana.Design/methodology/approachCompensation reports and archival materials were examined to identify the issues related to the valuation methods, compensation practices and expropriation procedures in the mining sector. Interviews were then conducted with 35 farmers and farmers' representatives, officials of mining companies, representatives of the Land Valuation Division of the Lands Commission and valuers/researchers on the issues identified through the document analysis.FindingsThe results reveal that the lack of express standards for assessing compensation for mining-impacted crops has occasioned variations in the valuation methods and the standard crop population for compensation. The study further reveals the impacts of exchange rate distortions on crop compensation values.Practical implicationsThe study empirically substantiates the arguments for a revised compensation regime in Ghana's mining sector. Valuers, mining companies and policymakers' awareness of this research will impact farm compensation valuation practices in the future.Social implicationsThe adequacy of compensation for mining-impacted farmers remains a topical issue, especially in African countries. This research contributes to the literature and reveals the socio-economic impacts of the current compensation regime on the livelihoods of expropriated farmers.Originality/valueThis paper is the first to analyse the valuation methods, the compensation values and the key parameters valuers apply in assessing compensation for mining-impacted crops in Ghana.

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Section: Literature Review 21 Compensation Theories and Compulsory Ac...mentioning

confidence: 99%

Compensation for farms compulsorily acquired for mining in Ghana: an analysis of the laws, compensation practices and valuation methods

Amponsah

Halvitigala²,

Hwang³

et al. 2022

View full text Add to dashboard Cite

show abstract

“…Also, Zhang and Lu (2011) explained compulsory land acquisition as government act of transferring ownership in land from private to state owned where the interest of the public is involved. Furthermore, Otubu (2013) explained it to be government's authority to acquire rights in land without the owner's consent for the benefit of the community. Michelman (1967) explained the justification for compulsory land acquisition to be development of various projects that will benefit the public.…”

Section: Theoretical Perspectives Of Compulsory Acquisitionmentioning

confidence: 99%

“…Michelman (1967) explained the justification for compulsory land acquisition to be development of various projects that will benefit the public. Otubu (2013) further explained that without the government's authority to compulsorily acquire private property for public purpose, performance of many desirable projects that will benefit the public will be undermined or frustrated by various holdouts. The LUA recognizes compulsory acquisition as revocation of right of rights of occupancy.…”

Section: Theoretical Perspectives Of Compulsory Acquisitionmentioning

confidence: 99%

A Critical Appraisal of the Method of Revocation in the Nigerian Land Use Act and Government’s Compliance

Emudainohwo¹

2021

BLR

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The paper inquires whether there is government's compliance with the method of revocation of right of occupancy stipulated in the Land Use Act (LUA) (1978). The LUA has prescribed the procedure for the revocation of right of occupancy. It is expected that government complies with the procedure. There have been cases where government did follow laid down procedure for the revocation of right occupancy. Therefore, when government flouts laws regulating the procedure for the acquisition of private property, it is the obligation of the Nigerian courts to intervene in favour of the private citizen. Though the courts are obliged to intervene, the question is: what happens, when government disobeys court orders? Or what happens when private citizens for lack of means did not challenge in court any wrong procedure adopted by government? Apart from calling for more judicial activism in this area, the paper argued that government should follow laid down procedure for the acquisition of private property; for even God who has laid down the procedure for man to be holy has also subjected himself to holiness.

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“…Land speculations, land grabbing and expropriation without adequate compensation are the major constraints to land availability. Ambiguities are inherent in the LUA; as a consequence, many have called for its review [105][106][107][108][109][110].…”

Section: Justification For Developmentmentioning

confidence: 99%

Theories of Land Reform and Their Impact on Land Reform Success in Southern Africa

Hull

Babalola

Whittal

2019

Land

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Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South. The continuum of theories is derived from literature and tested through a multiple case study of land reform in Nigeria, Mozambique, and South Africa, drawing from a combination of primary and secondary data. The findings suggest an over-reliance on replacement theories in all three contexts, although the Mozambican experience draws on theories towards the middle of the continuum (the adaptation theories). This is recommended as the most viable approach for the context.

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Compulsory Acquisition Without Compensation and the Land Use Act

Cited by 5 publications

References 0 publications

Compensation for farms compulsorily acquired for mining in Ghana: an analysis of the laws, compensation practices and valuation methods

Compensation for farms compulsorily acquired for mining in Ghana: an analysis of the laws, compensation practices and valuation methods

A Critical Appraisal of the Method of Revocation in the Nigerian Land Use Act and Government’s Compliance

Theories of Land Reform and Their Impact on Land Reform Success in Southern Africa

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