Is the market value a fair and objective measure for determining compensation for compulsory acquisition of land?

  • 31/12/2007

  • Land Reform

The market value is of central importance as the basis for determining the compensation paid to landowners who are forced to hand over land for public use. This is particularly the case in Sweden, where the market value is determined according to the Expropriation Act. It is against this background that this article discusses the following questions. Is the average typer of property owner satisfied with the market value as the measure for determining compensation? Is the market value fair when taking into consideration the landowner's possibilities to acquire an equivalent property? Is the market value an objective measure for determining compensation? How should uncertainty of valuation be handled by legislators and the courts?