Public Purpose During Land Expropriation in Oromia: The Law and the Practice
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Date
2018-11
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Addis Ababa University
Abstract
Displacement in Ethiopia in general and in Oomia in particular due to land expropriation is
common where the existence of public purpose for which the land expropriated is determined by
government decision as the expropriation is the premium option to get land held by small
landholders under the guise of public purpose. Thus, this Thesis examines mainly the right of
small landholders whose landholdings are compulsorily taken for public purpose through
expropriation scheme.
Expropriation of landholding presupposes two competing interests such as the public need for
land and property protection for landholders. The expropriation policy of the country in general
is expected to balance these conflicting interests. Thus, the Thesis considers how these
competing interests can be balanced in expropriation proceeding. To bring about and maintain a
balance between these two interests, genuine public purpose must exist in a way that protects the
constitutionally guaranteed land rights of the rural masses. Thus, the Thesis seeks examine the
legislative gap in determining existence of public purpose during land expropriation in light of
the FDRE and Oromia constitutions.
To undertake this Thesis research the Empirical Doctrinal legal research Methodology has been
used to understand the theoretical and conceptual frameworks as guideline direction, and
enabling to generate empirical evidences to answer the research problems. Thus, the empirical
findings indicate that there is a great difference between the objective for which the land is
expropriated and practical implementation caused by vague and ambiguous definition of the
term ‘public purpose’ for which the land has been taken. Absence of clear lists of public purpose
components in the expropriation law of the country and unchecked discretion of administrative
authority by independent courts of law are the main reasons for abusing and arbitrary decision
making regarding the existence of public purpose. Thus, the Thesis recommends that legislative
reform which empowers affected population to appeal to independent courts of law on the basis
of existence of public purpose in expropriation proceeding.
Furthermore, the expansive and unclear treatment of public purpose by expropriation law of the
country causes adverse social, economical, cultural, environmental and political effects in the
Region. Above the researcher recommends both Federal and Oromia state governments to
rethink about the expansive and unclear public purpose definition provided by current land
expropriation law of the country which has opened the door for abuse and arbitrary decision
making by administrative authority that highly affects the tenure rights of poor landholders. Thus
the government should conduct the expropriation of landholding for limited, clear and genuine
public purpose in order to save the life of small landholders and also to curb the observably
growing incidents of informal land transitions.
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Keywords
Land Expropriation,Oromia