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Expropriation And Compensation

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2.2.1 Concept and definition of land expropriation and compensation
There are many legal terminologies used by different legal systems that share the same name and transmit same meaning, Expropriation, on the other hand, assumes different names in different legal systems. In the United States it is known by the name “Eminent Domain”, in the United Kingdom and continental Europe it is termed as “Compulsory Purchase” and “Expropriation” respectively (A court in Louisiana a state in the USA that follows a Civil Law legal s system,1967) as cited by (Daniel, 2013). Compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant and this power is known …show more content…

In the USA, it is known as condemnation of private property. In other countries, mainly European nations, it is referred to as an expropriation procedure. The main idea is that the state must initiate a condemnation or expropriation procedure before a court or other concerned organ, as the case may be, in order to observe due process of law which shows the due-process principle requires (a) that the expropriations comply with procedures established in domestic legislation and fundamental internationally recognized rules in this regard and (b) that the affected investor or dwellers have an opportunity to have the case reviewed before an independent and impartial body or right to an independent review (Daniel, …show more content…

All major legal systems and constitutions include this concept as a guarantee to the owner and as a limitation to the government. The just compensation requirement demands that the state reimburse the owner for the value of the property interest taken and place the latter in as good a pecuniary position as if the property had not been taken. It is common among the expropriation laws of most countries to usually attach the requirement of the payment of compensation.

Based on the kind of legislation in each country, compensation to be paid in the case of expropriation may be termed as compensation, fair compensation, just compensation, reasonable compensation, adequate compensation or commensurate compensation (Daniel,

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