Compulsory acquisition and the right to property - The gaps in the legal framework, practices and possible solutions

Abstract

Compulsory acquisition of land has to be carried out in a manner that strikes a balance between private and public interests without arbitrarily infringing on individual or community rights to property. In order to achieve this, laws governing compulsory acquisition must be clear. The aim of this paper is to find out if there are gaps in the current laws. In particular, it shall focus on the inadequacy of the law in terms of compensating ancestral property rights in land and the lack of a clear time frame within which compensation must be made to the affected land owners. It shall also discuss the current trends of irregular acquisition practices that do not observe the law. This paper shall explain how these inadequacies in the law and irregular acquisition practices infringe on the right to property. This shall be explained with the aid of case law, journal articles, reports and both local and foreign laws. In the end, it shall suggest possible solutions that lawmakers may take into consideration in order to create a watertight legal framework with regards to compulsory acquisition.