Analysis of Legal and Institutional Framework for Expropriation of Farmlands and Properties: A Case Study of Per-urban Areas of Mekelle City
No Thumbnail Available
Date
2020-09
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
A.A.U
Abstract
Peri urban areas are places which are exposed to massive degree of development-induced
expropriations. Urban expansion, construction of infrastructure and private investment constitute
the main causes of land acquisition in those areas. In undertaking expropriation, mandatory
requirements of modern day acquisition mainly public purpose and compensation are not
adhered into by the state.
In Mekelle peri urban areas, large tracts of agricultural lands are taken away from local farmers
and transferred to private developers which bring no benefit to the public in violation element of
public purpose. The maximalist approach in interpreting public purpose contravenes the
underlying land policy of public ownership.
With regards to the lands incorporated into urban areas through master plans, issues of
compensation for residential properties paid to local population in forms of cash and substitute
land suffer from discriminatory legislations and administrative practices. Such laws and practices
undermine the constitutionally guaranteed right to property and rights emanating thereof mainly
right to get commensurate compensation during expropriation.
Description
Keywords
Public purpose, Compensation