Compulsory acquisition of land and compensation

  • 31/12/2007

  • Land Reform

Compulsory acquisition (or "expropriation") is when a government uses it power to acquire private rights in land without the owner's or occupant's consent. The process is intended to benefit society and is frequently used to enhance social and economic development and to protect the natural environment. Nonetheless, a balance must be found between the public need for land on the one hand and the provision of land tenure security and the protection of private property rights on the other. This is because compulsory acquisition is inherently disruptive-whether compensation is generous or whether the procedures are fair and efficient, displacing people from their homes, businesses and communities always entails considerable human costs. Indeed, where the process is designed or implemented poorly, the economic, social and political costs can be enormous. A focus on the procedures of compulsory acqusition is vital if a government's excercise of the process is to be efficient, fair and legitimate.