eminent domain

The term derives from the state's position as having ultimate power over the land, which may reach the process of compulsory acquisition or expropriation of the land.

Legislation
July 2017
Uganda

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. This power is known by a variety of names depending on a country’s legal traditions, including eminent domain, expropriation, takings  and  compulsory purchase.

Reports & Research
June 2015
Uganda

The constitution and enabling legislation in Uganda, as in many other countries, empower the government to acquire land in the public interest. Under Ugandan law a person whose land is identified for a public purpose must be compensated fairly, promptly, and prior to the acquisition of the property.

Peer-reviewed publication
December 2007
Uganda

This guide has been written as an information resource for government officials, community leaders, humanitarian aid workers, judges, lawyers and others whose responsibilities include upholding land and property rights in Uganda. It outlines the main provisions of Uganda’s constitutional and legal framework and the protection these provide to property rights. It briefly outlines the historical background to existing land tenure relations, describes the constitutional provisions relating to land in the 1995 Constitution and sets out the main provisions of the Land Act 1998.

Reports & Research
Policy Papers & Briefs
December 2007
Ethiopia
Africa

Although a large theoretical literature discusses the possible inefficiency of sharecropping contracts, the empirical evidence on this phenomenon has been ambiguous at best. Household-level fixed-effect estimates from about 8,500 plots operated by households that own and sharecrop land in the Ethiopian highlands provide support for the hypothesis of Marshallian inefficiency. At the same time, a factor adjustment model suggests that the extent to which rental markets allow households to attain their desired operational holding size is extremely limited.

india canal road
4 August 2017
India

Let me have land for land, not money: oustee

The discussion on compensation against land taken for digging a canal between the proposed Mallannasagar and Mid Maneir witnessed outburst from the farmers.

“I have 34 guntas of land and more than half of it would be wiped off in canal digging under the Kaleswaram project. The remaining would be divided on either side of the canal. We were not yet informed how much land would remain with us. Probably 10 guntas? How could I cultivate that on a divided land?” asked emotionally charged T. Shobha, a farmer from Rajakkapet.

kampala parliament building
2 August 2017
Uganda

The proposed amendment of article 26 of the Constitution to allow government take possession of private land without prior compensation continues to fiercely divide opinion in parliament.

Opponents of the draft legislation claim the amendment is a government ploy to grab people's land. But government argues that the amendment would stop the long delays in developing infrastructure projects, which also lead to escalation of costs.

Policy Papers & Briefs
January 2016
Kenya

Matters of environmental migration are frequently looked at from a humanitarian perspective.1 This policy brief will instead look at it with a lens focusing on land issues. The question of environmental migration is inevitably linked to the question of land for several reasons. First, climate and environmental change trigger and accelerate the loss of land due to sea-level rise, coastal erosion, landslides and other forms of land degradation.

Journal Articles & Books
March 2017
Kenya

Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country

and infrastructural development is high on the agenda to achieve this. Competing land uses and existing

interests in land make the use of eminent domain by government in acquiring land inevitable. However

most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests

are not formally documented. Kenya has progressive statutes that provide for compensation of land that is