A Trend Analysis of Emotions on the Issue of Unidentified Land Owners in Social Media:Case Study of Land Acquisition of Water Resource Area by Foreign Investors

2021 ◽  
Vol 51 (1) ◽  
pp. 115-127
Author(s):  
Ryohei YAMASHITA
Keyword(s):  
Trend Analysis ◽  
Water Resource ◽  
Land Acquisition ◽  
Foreign Investors ◽  
Land Owners

Land Acquisition, Markets and Political Networks: Evidence from the Indian Sundarbans

2021 ◽  
Vol 16 (2) ◽  
pp. 194-219
Author(s):  
Prasenjit Sarkhel ◽  
Anirban Mukherjee
Keyword(s):  
Land Acquisition ◽  
Reservation Price ◽  
Public And Private ◽  
Price Response ◽  
Indian Sundarbans ◽  
Land Owners ◽  
Self Help ◽  
Political Networks ◽  
The Government ◽  
Self Help Groups

In recent times, land acquisitions in India for both public and private projects are facing stiff political resistance. Existing studies on land acquisition mostly focus on optimal compensation that would secure the consent of land owners. In this article, we argue that besides compensation, membership in different types of networks such as political parties and self-help groups might influence landowner consent. This could occur either because of pro-social concerns or access to better investment opportunities for the compensation amount. Using survey data from flood prone Indian Sundarbans, where the government sought to acquire land to construct embankments, we find evidence supportive of our hypothesis. The survey elicited reservation price response from land owners for a hypothetical land acquisition program. Our estimates show that land owners with self-help group members are more likely to have a higher ask price for agreeing to land sales. In contrast, controlling for length of party association, members of political networks are more likely to sell their land and have a lower reservation price than their non-political counterparts. Our results suggest that, rather than only increasing the compensation package, which is a stock of wealth, it is equally important to enhance the flow of income to ensure consensual land sales.

Transformation from Subsistence to Commercial Agriculture in Nigeria

2015 ◽  
pp. 409-431 ◽  
Author(s):  
Abiodun E. Obayelu
Keyword(s):  
Large Scale ◽  
Land Acquisition ◽  
Small Scale ◽  
Collective Actions ◽  
Commercial Agriculture ◽  
Land Owners ◽  
Research Designs ◽  
Large Scale Land ◽  
Small Scale Farmers ◽  
Policies And Programs

Agriculture is in critical state in Nigeria with domestic food production being less than the growing population. The chapter analyzes the ongoing transformation of subsistence agriculture to commercial in Nigeria and the attendant effects of large-scale land acquisition on small-scale farmers. It uses both theoretical and empirical research designs with direct interviews of relevant stakeholders and case studies. It reviews past and present policies and programs aimed at transforming agriculture from subsistence to commercial in Nigeria. The results reveal that large-scale land acquisition and farming is not new in Nigeria. Acquisitions of land by foreigners has always been with the help and consent of government, unlike the case when it involves indigenous investors. Acquisitions have in most cases been characterized by conflicts between the landowners or tillers and investors. To transition successfully from subsistence to commercial agriculture, there is a need for strong collective actions between the depraved land owners, government, and investors.

scholarly journals LAND RECOVERY AND THE ISSUE OF PROPERTY RIGHTS ASSURANCE UNDER THE MARKET ECONOMY CONDITIONS IN VIETNAM

2021 ◽  
pp. 25-35
Keyword(s):  
Property Rights ◽  
Market Economy ◽  
The State ◽  
Land Acquisition ◽  
Land Law ◽  
State Management ◽  
Land Owners ◽  
The Right ◽  
Article 5 ◽  
The Relationship

In Vietnam, land recovery (or land acquisition) is a tool of state management and also of exercising the right to represent the owner of the State over land (Clause 4, Article 9 of the Land Law 1987, Clause 4, Article 13 of the Land Law 1993, Article 5 of the Land Law 2013 and Article 13 of the Land Law 2013). In terms of market economy, land acquisition is also considered as a “stage” of the process of “coordination” of land (Hochiminh city University of Law, 2012, p. 163). Along with the development of land laws, the regulations on land recovery have also been gradually improved. However, its innovations are still not enough to meet the requirements of society in many aspects, such as: fairness, efficiency, etc.... According to official statistics, more than 70% of mass complaints and denunciations are related to land recovery (Linh, 2015). For this reason, we will try to clarify the above issues and make some suggestions to improve the provisions of the law related to the regulation of land acquisition, in the relationship between the State (with the representative way of land owners) and land users in order to offer solutions to protect the legitimate rights of land users.

scholarly journals PENGADAAN TANAH DENGAN CARA JUAL BELI OLEH INSTANSI PEMERINTAH MENURUT PASAL 33 AYAT (3) UUD 1945

LITIGASI ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Dedy Hernawan
Keyword(s):  
Public Interest ◽  
The State ◽  
Land Acquisition ◽  
Small Scale ◽  
The Public ◽  
Land Owners ◽  
Basic Law ◽  
Presidential Decree ◽  
The Government ◽  
Government Institution

The Development of physical infrastructure always requires  the availability of land, it  is not limited to the State land but also to the land rights. Small-scale land acquisition in the area of less than five (5) acre, can be bought or sold  between government agencies with land owners,  then the land belongs to the government or local government. This provision is problematic because according to Indonesian laws, the  land is controlled  by the State instead of owned. The writer will conduct the research with the aim of knowing the Judicial consequences of the implementation of land for development in the public interest by sale and purchase as stipulated in the laws. Knowing supposed to be done by government institution in order to land acquisition for public development. From the research  it can be concluded that: Knowing the Judicial consequences of the implementation of land for development in the public interest by sale and purchase as stipulated in the law number 2 year 2012 on procurement land for development for public interest, presidential decree number 40 year 2014 which resulted in the land of inheritance of government, is contrary to the provision set forth in article 33 paragraph 3 of the constitution 1945 and the provision of the basic law of agrarian number 5 year 1960. The supposed to be done by government institution in order to land acquisition for public development is trough waiver process/or extraction right by compensation, the amount of compesation itself supposed to be based on the price not based on the tax value of the land. Keywords: land; buying and selling; waiverPembangunan sarana prasarana fisik memerlukan ketersediaan tanah, baik tanah negara dan tanah hak. Pengadaan tanah dalam skala kecil yang luasnya kurang dari 5 (lima) hektar, dapat dilakukan dengan  jual beli antara instansi pemerintah dengan pemilik tanah, tanahnya kemudian menjadi milik pemerintah atau pemerintah daerah. Penelitian ini membahas konsekuensi yuridis pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum dengan cara jual beli oleh instansi pemerintah dengan pemilik tanah menurut perundang-undangan, membahas cara yang seharusnya dilakukan oleh instansi pemerintah dalam pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum. Hasil penelitian mengenai konsekuensi yuridis pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum dengan cara jual beli sebagaimana diatur dalam UU No. 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Perpres No. 40 tahun 2014 yang mengakibatkan tanah tersebut menjadi tanah milik pemerintah/pemerintah daerah adalah bertentangan dengan ketentuan yang diatur dalam Pasal 33 ayat (3) UUD 1945 dan ketentuan UUPA No. 5 Tahun 1960. Cara yang seharusnya bagi pembangunan untuk kepentingan umum yang sesuai dengan Pasal 33 ayat (3) UUD 1945 adalah melalui proses pelepasan hak dan/atau pencabutan hak dengan pemberian ganti rugi, seyogyanya besaran ganti rugi tersebut didasarkan pada nilai harga jual beli bukan berdasarkan nilai jual objek pajak.Kata kunci : tanah; jual beli; pelepasan hak

Compensation for land and building compulsorily acquired in Nigeria

2018 ◽  
Vol 36 (4) ◽  
pp. 446-460
Author(s):  
Idu Robert Egbenta ◽  
Francis P. Udoudoh
Keyword(s):  
Land Use ◽  
Market Value ◽  
Land Acquisition ◽  
Real Property ◽  
Content Type ◽  
Land Owners ◽  
Fair Market ◽  
The Law ◽  
Fair Market Value

Purpose Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory. The Land Use Act (LUA) of 1978 now cited as Laws of the Federation of Nigeria, CAP l5 LFN 2007, stipulates the use of Depreciated Replacement Cost (DRC) Method in the valuation for compensation purposes for building and installation. The purpose of this paper is to criticize the application of the DRC technique in the valuation by acquiring authority as it does not arrive at fair market value and adequate compensation in Nigeria. Design/methodology/approach The method adopted for the study was a case study of real world valuation for compensation. Data used in the study were gathered mainly from government ministries and agencies responsible for land acquisition and compensation purposes. They included the Ministry of Lands and Housing, Land Use and Allocation Committee, and Ministry of Works and Transport. Market data on rental value, sales prices and other relevant data were collected from firms of professional that deal in real property. Findings The result of the study reveals that valuation by acquiring authority using DRC methods as prescribed by the LUA does not reflect market value and it is inadequate to put the claimants in the position they were before the acquisition. As such, most victims expressed dissatisfaction with the amount paid to them, which sometimes result to crisis, conflict and prolonged litigation, resulting in delay in executing or abandonment of the intended project. Research limitations/implications The study is limited to only one case study on acquisition and compensation for land and buildings with particular reference to Akwa Ibom State. This limitation does not invalidate the result as the law is applicable to the whole country. Practical implications The implication is that the LUA needs to be review to fair market value as basis of valuation and payment for site value as well as the constitution to add “adequate” to Section 44 (1a). This will reduce the incidence of many communities and land owners protest against the decision of government or its agents to acquire their land for public purposes. Originality/value The methodology meets the requirement of the law regarding compulsory land acquisition and compensation in Nigeria: The LUA of 1978. Using three scenarios: the valuation by acquiring authority, claimant’s valuers and independent valuers to illustrate the critique of the methodology, the result shows the inadequacy of compensation.

scholarly journals Toward Smart Land Management: Land Acquisition and the Associated Challenges in Ghana. A Look into a Blockchain Digital Land Registry for Prospects

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 239
Author(s):  
Prince Donkor Ameyaw ◽  
Walter Timo de Vries
Keyword(s):  
Land Management ◽  
Swot Analysis ◽  
Land Acquisition ◽  
Future Research ◽  
Blockchain Technology ◽  
Land Owners ◽  
Land Administration ◽  
Customary Land ◽  
Land Management System ◽  
Land Administration Systems

Land acquisition in Ghana is fraught with challenges of multiple sales, numerous unofficial charges, unnecessary bureaucracies, intrusion of unqualified middlemen, and lack of transparency among others. Studies have suggested digitization as a way forward to improve Ghana’s land management system and to address these acquisition challenges. However, none of these studies have specifically provided a clear conceptual digital framework for land acquisition. Most contemporary land literature globally appraise blockchain technology as a potential solution to these challenges in Ghana’s land acquisition process. This article applies an integrative review, mixed with strengths, weaknesses, opportunities, and threats (SWOT) analysis, and deductive lessons from a digital land registry concept to develop a blockchain-based smart land acquisition framework solution in view of Ghana’s land acquisition challenges. However, it is identified that threats of sabotage of this framework exist among some customary land owners, land officials, and private blockchain-based land experts for various reasons. Among others, a legal basis for a public–private partnership is recommended particularly to discourage sabotage from private blockchain-based land experts. We recommend future research works to delve into establishing a framework that can be used as a guide to assess the readiness of land management and land administration systems for blockchain consideration in sub-Sahara Africa, particularly Ghana.

Rehabilitation Myths? How Transaction Costs Reduce Farmer Welfare After Land Acquisition

2017 ◽  
Vol 12 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Vikram Patil ◽  
Ranjan Ghosh
Keyword(s):  
Transaction Costs ◽  
Transaction Cost ◽  
Investment Decisions ◽  
Land Acquisition ◽  
Preliminary Assessment ◽  
Land Owners ◽  
Monetary Compensation ◽  
Ex Post ◽  
Fair Compensation ◽  
The Right

In this article, we show how transaction costs lead to farmer marginalization as displaced farmers embark on the process of acquiring new land. Existing studies have focused on the links between monetary compensation and landowners’ investment decisions, but before new land is acquired. However, the post-displacement scenario and the investment decisions of land owners to restore income have not been carefully examined. We use a transaction cost framework to suggest that local specificities related to land characteristics, uncertainties in search for alternatives and information constraints may impose high non-monetary costs on displaced farmers and force them to settle for inferior new land. The article concludes with a preliminary assessment of whether the newly enacted land acquisition framework, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act 2013, promises to minimize these ex-post transaction costs that farmers face.

scholarly journals Renewed Patronage and Strengthened Authority of Chiefs Under the Scarcity of Customary Land in Zambia

2021 ◽  
pp. 65-86
Author(s):  
Shuichi Oyama
Keyword(s):  
Central Government ◽  
Agricultural Productivity ◽  
Land Rights ◽  
Local People ◽  
High Demand ◽  
Foreign Investors ◽  
Land Distribution ◽  
Land Owners ◽  
Cultural Power ◽  
Customary Land

AbstractThe Zambian government enacted the 1995 Lands Act with the aim of stimulating investment and agricultural productivity. This Act strengthened the role and power of traditional leaders, particularly chiefs, as it empowered them to allocate customary land to individuals and companies, including foreign investors. In the Bembachiefdom of northern Zambia, a new chief issued new land rights and invalidated the land rights issued by the old chiefs. As a result, land owners with documents in the old formats were required to obtain new certification from the new chief. Concerned about the land within his territory, this chief also decided to invalidate the title deeds issued by the central government so that he could release the protected land to local people. Alongside their historical and cultural power, the chiefs strengthened their patronage over land distribution as well as their authority over the residents in their territories. With high demand for land, anxiety among local people due to land scarcity has created political power and authority for the chiefs.

scholarly journals Transparency Principle on Land Acquisition for Agrarian Justice

2020 ◽  
Vol 3 (1) ◽  
pp. 83-101
Author(s):  
Rosmidah Rosmidah ◽  
Dony Yusra Pebrianto
Keyword(s):  
Public Interest ◽  
Land Acquisition ◽  
Private Ownership ◽  
Public Interests ◽  
Acquisition Process ◽  
Land Owners ◽  
Land Acquisitions ◽  
Empirical Level ◽  
Implementation Stages ◽  
The Government

The purpose of this article is to study the state’s efforts to guarantee the principle of transparency and implement it into land acquisition process for the sake of public interest. With normative method, this article found that the land, despite of being an object of private ownership, has a social function. Therefore, the state has an authority to regulate the utilisation and use of land for the sake of public interests through a land acquisition. In recent years, disputes due to land acquisition between the government and the land owners has always increased, resulting in the use of violence and public distrust against the government. It is believed that such the condition was triggered by  the lack of transparency as long as the land acquisitions are concerned. In order to realize agrarian justice, which is the state’s obligation, it is necessary to guarantee the principle of transparency in the land acquisition process which are the basic rights of land owners / holders and the general public. Because the principles of openness and transparency in the Land Acquisition Law are obscure in norms, it is necessary to interpret the law. The principles of openness and transparency are carried out from the planning, preparation, implementation stages to the stage of submitting the results of land acquisition. At the empirical level, it must be implemented without causing various encapsulation resulting in land acquisition disputes. The principles of openness and transparency are needed to facilitate the flow of community participation in development

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