Analysis of Legal and Institutional Framework for Expropriation of Farmlands and Properties: A Case Study of Per-urban Areas of Mekelle City

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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.



Public purpose, Compensation