The smallholders face the investors and authorities in an asymmetric relationship. The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas.
The wellbeing of the population is up to the countries themselves as sovereign states, which rules out the passing of a simple moral judgement.
Investors are required to negotiate with local chieftains. As government land, it is then rented out to the investors following an environmental compatibility assessment and the drawing up of a monitoring plan. In 38 cases, negotiations have been terminated, and in 12 cases, the agreements have been annulled.
Its conclusion is that the local authorities are not accomplishing their mission. The Land Act of is the guiding Act which recognises customary tenure. And hence it is gone forever. Market value is often used interchangeably with open market value, fair value or fair market value, although these terms have distinct definitions in different standards, and may differ in some circumstances.
In leaving public purpose too vague and porous, it would ensure that land acquisition will remain hostage to politics and all kinds of disputes.
However, when the mines were opened inthere was demand for the production of food to feed mostly the African population working on the mines and the related industries. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by LARR LARR Bill carve outs through Sections 97, 98 and 99 add confusion, offering a means for numerous citizen petitions, lawsuits and judicial activism.
What begs the question though is this: Moreover, no one can challenge the reasonableness of the restriction imposed by any law the legislature made to deprive the person of his property.
The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to percent of the market value of the property including value of assets.
This however is not the practice in reality as land has been known to be alienated without the full knowledge of the community in many parts of rural Zambia.
In addition to above compensation, the Act proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer.
This system is not only open to abuse but also does not help achieve sustainable and structured development in rural areas.relationship between policy and practice associated with customary rights protections in the context of large-scale land acquisitions through a document review and case study analyses from Ghana, Mozambique, Tanzania, and Zambia.
Thereafter was born a radicalized law which gave power to the Republican President under Lands (Acquisition) Act Cap of the Laws of Zambia to compulsory acquire any land in the public interest.
Home Columns Alienating land in customary areas in Zambia. Columns; Alienating land in customary areas in Zambia. August 1, 4. Land Use Planning and Monitoring and Land Acquisition.
Large-scale land acquisitions, displacement and resettlement in Zambia POLICY BRIEF 41 | 03 statutory rather than customary land. As ofthe investor had acquired 14 ha of land.
State Land - comprising only 6% of land in Zambia. The land is zoned into residential, commercial or industrial use by the District Councils according to their jurisdictions Customary Land - Approximately 94% of all land in Zambia is held under this system of tenure.
Caritas Zambia has observed that acquiring land in Zambia has proved to be more challenging now than before. Executive Director Eugene Kabilika has since called on government to come to the aid of the vulnerable people who are struggling to acquire land by formulating a land administration policy.Download