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08-12: Turning Legal Principles for Expropriation into Practice
Challenges and Opportunities for the Formalization of Uncompensated Expropriated Private Lands in the Dominican Republic
The Land Alliance, United States of America
The paper presents the challenges and possible opportunities to resolve an intractable issue plaguing both land tenure security and social equity in the Dominican Republic – a remnant of the agrarian reform process and in particular a result of uncompensated expropriations of private lands. The Dominican legal framework combined with a vigorous and politicized policy of massive expropriation without payment of just compensation and the subsequent distribution of the expropriated land to small farmers without providing proper title. Since compensation has not been paid, the expropriated owner remains on the land registry causing what is essentially a situation of ‘government imposed reciprocal tenure insecurity’. This is a significant ‘lose-lose’ situation that requires a combination of innovative public policy and private sector willingness and organization to formalize property rights. The paper describes possible solutions and recent efforts by Land Alliance to promote these solutions to Dominican government authorities and civil society organizations.
High-level Requirements for a Land Acquisition and Resettlement Tool for Planning, Design, and Implementation of Resettlement Process for Infrastructure and Other Public-interest Projects.
1World Bank; 2National Center of State Cadastres, Geodesy and Cartography, Uzbekistan; 3Independant Consultant
Currently, more than forty percent of the projects funded by international donors, require some form of resettlement or relocation of population to free land to realize infrastructures and other improvements of public interest. This paper will highlight a minimum set of national policies necessary for compliance with majority of social and environmental safeguards procedures required by international donors, will then transcript it into a sequence of business rules to be followed and to be implemented within a land acquisition and resettlement tool/module and will list a set of high-level requirements for such a tool based on comparative studies of resettlement practices in several countries in Central Asia and more specifically in Uzbekistan.
In the view of the authors of this article, an incorporation of resettlement module within fully functional Land Information System with spatial capabilities can significantly facilitate resettlement process in preparatory and implementation phases.
Compulsory Acquisition of Land: the Need For Robust Governance to Deliver Public Interest Projects Through Land Assembly
Land and Equity Movement in Uganda - LEMU, United Kingdom
There are two separate dimensions of fairness to consider whenever land is compulsorily acquired. These are: the basis for which the land is acquired, and the means by which those affected are compensated. This paper considers these two matters in the Ugandan context, and in particular, with reference to the customary tenure system, as the dominant system (by land mass) in Uganda. The paper reviews whether the legislative and governance framework for compulsory acquisition in its current form can guarantee the fair acquisition of land for realizing infrastructure and public goods in Uganda. This is of particular relevance as the Ugandan parliament considers potential amendments to the constitutional principles of land acquisition.
Legal Limits On Government Authority To Expropriate Land
Land Portal, Netherlands, The
In this paper, the laws of 50 countries across Asia, Africa, and Latin America area reviewed to determine whether they comply with international standards on expropriation as established in the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT). For each of the countries assessed, a score of “yes” or “no” for nine indicator questions. Partial” is an answer option where laws only partially satisfy the question asked by the indicator. By assessing the laws in 50 countries and answering these indicator questions, this paper intends to establish a benchmark for progress that can be used by governments, NGOs, civil society, and activities to monitor progress on the adoption of Section principles established in the VGGT. This paper will also present a set of evidence-based recommendations for reforming laws so that they appropriately limit government expropriation power and protect the tenure rights and livelihoods of populations within these countries.